Minn. R. (Labor and Industry Department) | Minnesota Rules — Labor and Industry Department

Chapter 1300 BUILDING CODE

Minn. R. 1300.0010 Administration

Subpart 1. Scope.

This chapter provides administrative provisions for all Minnesota State Building Code rule chapters identified in part 1300.0050. If specific administrative provisions are provided in a statute or rule chapter, the specific administrative provisions apply.

Subp. 2. Minnesota Electrical Act.

Chapter 1315 shall be administered according to chapter 3801 and the Minnesota Electrical Act, Minnesota Statutes, sections 326B.31 to 326B.399. Provisions of this chapter that do not conflict with the Minnesota Electrical Act also apply.

Subp. 3. Minnesota Plumbing Code.

Chapter 4714, the Minnesota Plumbing Code, and applicable provisions of this chapter shall be administered and enforced statewide by the commissioner under Minnesota Statutes, section 326B.106, subdivision 3, unless an agreement exists between the commissioner and a municipality to enforce the Minnesota Plumbing Code under Minnesota Statutes, section 326B.43, subdivision 2.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 40 SR 71

Minn. R. 1300.0020 Title

The chapters listed in part 1300.0050, including the standards they adopt by reference, are the Minnesota State Building Code and may be cited as or referred to as the "code."

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1300.0030 Purpose and Application

Subpart 1. Purpose.

The purpose of this code is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

The purpose of the code is not to create, establish, or designate a particular class or group of persons who will or should be especially protected or benefited by the terms of the code.

Subp. 2. Application.

A. The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, and repair of buildings and other structures of the type governed by the code, except as provided in Minnesota Statutes, section 326B.121. The State Building Code supersedes the building code of any municipality. The State Building Code does not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized by Minnesota Statutes, sections 103F.141, 326B.36, and 326B.121, subdivision 1, paragraph (c), clause (2).

B. The codes and standards referenced in a rule chapter are considered part of the requirements of the code to the prescribed extent of each reference. If differences occur between provisions of the code and referenced codes and standards, the provisions of the code apply.

C. In the event that a new edition of the code is adopted after a permit has been issued, the edition of the code current at the time of permit application shall remain in effect throughout the work authorized by the permit.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0040 Scope

Subpart 1. Applicability.

The code applies to the design, construction, addition, alteration, moving, replacement, demolition, repair, equipment, installation, use and occupancy, location, maintenance, and inspection of any building, structure, or building service equipment in a municipality, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the code, and hydraulic flood control structures.

Exception: When approved by the building official, buildings, structures, or portions thereof, used exclusively by military personnel, police, fire, or first responders for training purposes may be designed to reflect actual conditions that may be encountered in field operations, maneuvers, or tactics, however, structural provisions must apply.

Subp. 2. Compliance.

Structures classified under part 1300.0070, subpart 12b, as IRC-1, IRC-2, IRC-3, and IRC-4 occupancies not more than three stories above grade plane in height with a separate means of egress shall comply with chapter 1309 and other applicable rules. Other buildings and structures and appurtenances connected or attached to them shall comply with chapter 1305 and other applicable rules.

Exception: The following structures that meet the scope of chapter 1305 shall be permitted to be designed to comply with Minnesota Rules, chapter 1311:

(1) existing buildings undergoing repair, alteration, change of occupancy, addition, or being moved; and

(2) historic buildings.

If different provisions of the code specify different materials, methods of construction, or other requirements, the most restrictive provision governs. If there is a conflict between a general requirement and a specific requirement, the specific requirement applies.

If reference is made in the code to an appendix, the provisions in the appendix do not apply unless specifically adopted by the code. Optional appendix chapters of the code identified in part 1300.0060 do not apply unless a municipality has specifically adopted them.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0050 Chapters of Minnesota State Building Code

The Minnesota State Building Code adopted under Minnesota Statutes, section 326B.106, subdivision 1, includes the following chapters:

A. 1300, Minnesota Building Code Administration;

B. 1301, Building Official Certification;

C. 1302, State Building Code Construction Approvals;

D. 1303, Special Provisions;

E. 1305, Minnesota Building Code;

F. 1306, Special Fire Protection Systems;

G. 1307, Elevators and Related Devices;

H. 1309, Minnesota Residential Code;

I. 1311, Minnesota Conservation Code for Existing Buildings;

J. 1315, Minnesota Electrical Code;

K. 1325, Solar Energy Systems;

L. 1335, Floodproofing Regulations;

M. 1341, Minnesota Accessibility Code;

N. 1346, Minnesota Mechanical Code;

O. 1350, Manufactured Homes;

P. 1360, Prefabricated Structures;

Q. 1361, Industrialized/Modular Buildings;

R. 1370, Storm Shelters (Manufactured Home Parks);

S. 4714, Minnesota Plumbing Code;

T. 1322 and 1323, Minnesota Energy Codes; and

U. 5230, Minnesota High Pressure Piping Systems.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 40 SR 71

Minn. R. 1300.0060 Optional Administration

The following chapters of the code are not mandatory but may be adopted without change by a municipality which has adopted the code:

A. chapter 1306, Special Fire Protection Systems; and

B. grading, IBC appendix chapter J.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0070 Definitions

Subpart 1. Scope; incorporation by reference.

The definitions in this part apply to parts 1300.0010 to 1300.0250. For terms that are not defined through the methods authorized by this chapter, the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

Subp. 2. Administrative authority.

"Administrative authority" means a municipality's governing body or its assigned administrative authority.

Subp. 3.

[Repealed, 39 SR 91]

Subp. 4. Agricultural building.

"Agricultural building" means a building that meets the requirements of Minnesota Statutes, section 326B.103, subdivision 3.

Subp. 4a. Approved.

"Approved" means approval by the building official, pursuant to the Minnesota State Building Code, by reason of:

A. inspection, investigation, or testing;

B. accepted principles;

C. computer simulations;

D. research reports; or

E. testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

Subp. 5. Building official.

"Building official" means the municipal building code official certified under Minnesota Statutes, section 326B.133, subdivisions 2 and 3.

Subp. 6. Building service equipment.

"Building service equipment" refers to the plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, fixtures, and other accessories, that provides sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use and occupancy.

Subp. 7. City.

"City" means a home rule charter or statutory city.

Subp. 8. Code.

For the purposes of chapter 1300, "code" means the Minnesota State Building Code adopted under Minnesota Statutes, section 326B.106, subdivision 1, and includes the chapters identified in part 1300.0020.

Subp. 9. Commissioner.

"Commissioner" means the commissioner of labor and industry.

Subp. 10. Designate.

"Designate" means the formal designation by a municipality's administrative authority of a certified building official accepting responsibility for code administration.

Subp. 10a.

[Repealed, 39 SR 91]

Subp. 11.

[Repealed, 39 SR 91]

Subp. 11a. Electric substation.

"Electric substation" means an enclosed assemblage of equipment, including switches, circuit breakers, buses, and transformers that are accessible only to employees of an electric utility or persons acting under the electric utility's control or direction, through which electric energy is passed for the purpose of switching or modifying the electric energy's characteristics to increase or decrease voltage or control frequency.

Subp. 12.

[Repealed, 39 SR 91]

Subp. 12a. Historical building.

"Historical building" means any building or structure that is listed in the National Register of Historic Places, designated as a historic property under local or state designation law; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.

Subp. 12b. International residential code (IRC) occupancy classifications.

International residential code (IRC) occupancy classifications are as follows:

IRC-1 single-family dwellings;

IRC-2 two-family dwellings;

IRC-3 townhouses; and

IRC-4 accessory structures:

A. garages;

B. storage sheds; and

C. similar structures.

Subp. 13. Mandatory terms.

"Mandatory terms" include "must" and "shall," which have the same meaning.

Subp. 14. Manufactured home.

"Manufactured home" has the meaning given in Minnesota Statutes, section 327.31, subdivision 3, and for the purpose of determining occupancy separations, is considered a Group IRC-1 occupancy.

Subp. 15. Master plan.

"Master plan" is a plan that has been reviewed for code compliance by the building official and stamped "Reviewed for Code Compliance."

Subp. 16. Mayor and city council.

"Mayor" and "city council" mean governing body whenever they appear in the code.

Subp. 17. Municipality.

"Municipality" means a city, county, or town; the University of Minnesota; or the state of Minnesota for public buildings and state licensed facilities.

Subp. 18.

[Repealed, 39 SR 91]

Subp. 19. Performance-based design.

An engineering approach to design elements of a building based on agreed upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives, using accepted engineering tools, methodologies, and performance criteria.

Subp. 19a. Public building.

"Public building" means a building and its grounds the cost of which is paid for by the state or a state agency regardless of its cost, and a building project for a school district or charter school the cost of which is $100,000 or more.

Subp. 20. Recyclable materials.

"Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastic, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.

Subp. 21. Recycling.

"Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.

Subp. 22.

[Repealed, 39 SR 91]

Subp. 23.

[Repealed, 39 SR 91]

Subp. 24. State building official.

"State building official" means the person who, under the direction and supervision of the commissioner, administers the code.

Subp. 25. State licensed facilities.

"State licensed facilities" means, pursuant to Minnesota Statutes, section 326B.103, subdivision 13, a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, correctional facility, boarding care home, or residential hospice.

Subp. 26. State-owned buildings.

"State-owned buildings" means buildings and structures financed in whole or in part by state funds that are under the exclusive jurisdiction and custodial control of one or more state department or agency.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2005 c 56 s 2; L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4; 32 SR 5; 39 SR 91; 44 SR 537

Minn. R. 1300.0080 Code Adoption and Amendments

Under Minnesota Statutes, section 326B.106, the code is adopted and periodically updated to include current editions of national model codes in general use and existing statewide specialty codes and their amendments.

Under Minnesota Statutes, section 326B.13, subdivisions 5 and 6, amendments to the code may be proposed and initiated by any interested person. Proposed amendments must be submitted in writing on a form provided by the commissioner.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1300.0090 Department of Building Safety

Subpart 1. Creation of enforcement agency.

There is hereby established in the municipality a code enforcement agency and the official in charge is the designated building official. The agency is referred to in the code as the "Department of Building Safety."

Subp. 2. Appointment.

The building official shall be designated by the municipality according to Minnesota Statutes, section 326B.133.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1300.0100 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1300.0110 Duties and Powers of Building Official

Subpart 1. General.

The building official is authorized and directed to enforce the provisions of this code. The building official has the authority to render interpretations of the code and adopt policies and procedures in order to clarify the application of the provisions. The interpretations, policies, and procedures shall comply with the intent and purpose of the code. The policies and procedures shall not have the effect of waiving requirements specifically provided for in the code.

Subp. 2. Deputies.

According to the prescribed procedures of the municipality and with the concurrence of the appointing authority, the building official may designate a deputy building official and related technical officers, inspectors, plan examiners, and other employees. The employees have the powers delegated by the building official.

Subp. 3. Applications and permits.

The building official shall receive applications, review construction documents, and issue permits for the erection, alteration, demolition, moving, and repair of buildings and structures, including all other equipment and systems regulated by the code. When requested by a permit applicant, the building official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work. The meeting shall be held at a mutually agreeable location. Municipalities may establish a fee for this service.

Subp. 4. Notices and orders.

The building official shall issue all necessary notices and orders to ensure compliance with the code. Notices and orders shall be in writing unless waived by the permit applicant, contractor, owner, or owner's agent. Notices and orders shall be based on the edition of the code under which the permit has been issued.

Subp. 5. Inspections.

The building official shall make all of the required inspections or accept reports of inspection by approved agencies or individuals. Results of inspections shall be documented on the job site inspection card and in the official records of the municipality, including type of inspection, date of inspection, identification of the responsible individual making the inspection, and comments regarding approval or disapproval of the inspection. The building official is authorized to engage an expert opinion as deemed necessary to report on any unusual technical issues that arise.

Subp. 6. Identification.

The building official and deputies shall carry proper identification when inspecting structures or premises in the performance of duties under the code.

Subp. 7. Right of entry.

If it is necessary to make an inspection to enforce the code or if the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition contrary to or in violation of the code that makes the structure or premises unsafe, dangerous, or hazardous, the building official or designee may enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the code, provided that if the structure or premises is occupied, credentials must be presented to the occupant and entry requested. If the structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

Subp. 8. Department records.

The building official shall be responsible for official records of the local Department of Building Safety for permit applications received, plans, specifications, surveys, plot plans, plan reviews, permits and certificates issued, reports of inspections, and notices and orders issued by the department. The records shall be kept according to the records management schedule of the municipality required by Minnesota Statutes, section 138.17.

Subp. 9. Liability.

The building official, member of the Board of Appeals, or employee charged with the enforcement of the code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the code or other pertinent laws or ordinances, is not rendered personally liable and is relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official, member of the Board of Appeals, or an employee charged with the enforcement of the code, is not liable for costs in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.

Subp. 10. Approved materials and equipment.

Materials, equipment, and devices approved by the building official shall be constructed and installed in the approved manner.

Subp. 11. Used material and equipment.

The use of used materials that meet the requirements of the code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

Subp. 12. Modifications.

If there are practical difficulties involved in carrying out the provisions of the code, the building official may grant modifications for individual cases, upon application by the owner or owner's representative, provided the building official finds that special individual reason makes the strict letter of the code impractical, the modification is in compliance with the intent and purpose of the code, and the modification does not lessen health, life, and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Building Safety.

Subp. 13. Alternative materials, design, and methods of construction and equipment.

The code is not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the code, provided that any alternative has been approved. An alternative material, design, or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability, and safety. The details of any action granting or denying approval of an alternate shall be recorded and entered in the files of the Department of Building Safety. The permit applicant may request written documentation of the denial, including the reasons for the denial.

Subp. 14. Performance-based fire and life safety design.

The code official may approve performance-based fire and life safety designs if the code official finds that the proposed design has been conducted by an approved method. Approved performance-based designs are evidence of compliance with the intent of the code. Approvals under this subpart are subject to the approval of the building code official whenever the design involves matters regulated by the building code.

A. Design goals, objectives, and performance criteria shall be approved by the code official before submission of a performance-based design report, calculations, or analysis results. As a minimum, an approved performance-based design shall address the following objectives:

B. To determine the acceptability of a performance-based design, the code official may require the owner or agent to provide, without charge to the jurisdiction, a technical opinion and report. The code official may require the technical opinion and report to be prepared by, and bear the stamp of, a licensed design professional.

C. Performance-based designs shall be prepared by, and bear the stamp of, a licensed design professional competent in the area of work. The design professional shall provide written confirmation to the code official before a certificate of occupancy is issued that the performance-based design has been properly implemented, the operation or use of the building is within the limitations of the design, and adequate controls are in place to maintain compliance with the conditions of the design throughout the life of the building.

Subp. 15. Tests.

If there is insufficient evidence of compliance with the code, or evidence that a material or method does not conform to the requirements of the code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the municipality. Test methods shall be as specified in the code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of the tests shall be retained by the building official.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 537

Minn. R. 1300.0120 Permits

Subpart 1. Required.

An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the code; or cause any such work to be done, shall first make application to the building official and obtain the required permit.

Subp. 2. Annual permit.

In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical, or plumbing installation, the building official may issue an annual permit upon application for the permit to any person, firm, or corporation regularly employing one or more qualified trade persons in the building, structure, or on the premises owned or operated by the applicant for the permit.

Subp. 3. Annual permit records.

The person to whom an annual permit is issued shall keep a detailed record of alterations made under the annual permit. The building official shall have access to the records at all times or the records shall be filed with the building official as designated.

Subp. 4. Work exempt from permit.

Exemptions from permit requirements of the code do not authorize work to be done in any manner in violation of the code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

A. Building:

B. Gas:

C. Mechanical:

D. Electrical: a municipality must not require an electrical permit if the work falls under the jurisdiction of the commissioner or if the work is exempt from inspection under Minnesota Statutes, section 326B.36, subdivision 7. This exemption does not exempt the work from other State Building Code requirements relating to electrical equipment.

Subp. 5. Emergency repairs.

If equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted to the building official within the next working business day.

Subp. 6. Repairs.

Application or notice to the building official is not required for ordinary repairs to structures. The repairs shall not include the opening or removal of any wall, partition, or portion of a wall or partition, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.

Subp. 7. Application for permit.

To obtain a permit, the applicant shall file an application in writing on a form furnished by the Department of Building Safety for that purpose. The application shall:

A. identify and describe the work to be covered by the permit for which application is made;

B. describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;

C. indicate the use and occupancy for which the proposed work is intended;

D. indicate the type of construction;

E. be accompanied by construction documents and other information as required by the code;

F. state the valuation of the proposed work;

G. be signed by the applicant, or the applicant's authorized agent; and

H. give other data and information required by the building official.

Subp. 8. Action on application.

The building official shall examine or cause to be examined applications for permits and amendments within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject the application and notify the applicant of the reasons. The building official shall document the reasons for rejecting the application. The applicant may request written documentation of the rejection and the reasons for the rejection. When the building official is satisfied that the proposed work conforms to the requirements of the code and applicable laws and ordinances, the building official shall issue a permit.

Subp. 9. Time limitation of application.

An application for a permit for any proposed work shall be considered abandoned 180 days after the date of filing, unless the application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Subp. 10. Validity of permit.

The issuance or granting of a permit or approval of plans, specifications, and computations, shall not be construed to be a permit for any violation of the code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of the code or other ordinances of the jurisdiction are not valid. Any permit issued becomes invalid if the work authorized by the permit is suspended or abandoned for more than 180 days. The 180 days commences the first day the work was suspended or abandoned.

Subp. 11. Expiration.

Every permit issued expires unless the work authorized by the permit is commenced within 180 days after its issuance. The building official shall grant, in writing, extensions of time, for periods not more than 180 days each if the applicant demonstrates justifiable cause for the extension to the building official.

Subp. 12. Suspension or revocation.

The building official may suspend or revoke a permit issued under the code if the permit is issued in error; on the basis of incorrect, inaccurate, or incomplete information; or in violation of any ordinance or regulation or the code.

Subp. 13. Information and placement of permit.

The building permit or a copy shall be kept on the site of the work until the completion of the project. Pursuant to Minnesota Statutes, section 15.41, the permit shall specify the name and address of the applicant, and the general contractor, if one exists. All construction permits shall be posted in a conspicuous and accessible place at the premises or site of construction.

Subp. 14. Responsibility.

Every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical, or plumbing systems, for which the code is applicable, shall comply with the code. The person, firm, or organization securing the permit is responsible for code compliance for the work being performed.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 537

Minn. R. 1300.0130 Construction Documents

Subpart 1. Submittal documents.

Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit.

Exception: The building official may waive the submission of construction documents and other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with the code.

The building officer may require plans or other data be prepared according to the rules of the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design, chapter 1800, and Minnesota Statutes, sections 326.02 to 326.15, and other state laws relating to plan and specification preparation by occupational licenses. If special conditions exist, the building official may require additional construction documents to be prepared by a licensed design professional.

Subp. 2. Information on construction documents.

Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the code and relevant laws, ordinances, rules, and regulations, as determined by the building official.

Subp. 3. Manufacturer's installation instructions.

When required by the building official, manufacturer's installation instructions for construction equipment and components regulated by the code, shall be available on the job site at the time of inspection.

Subp. 4. Site plan.

The construction documents submitted with the application for permit shall be accompanied by a site plan drawn to scale, showing the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades, and it shall be drawn according to an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official may waive or modify the requirement for a site plan if the application for permit is for alteration or repair or when otherwise warranted.

Subp. 5. Examination of documents.

The building official shall examine or cause to be examined the accompanying construction documents to ascertain whether the construction indicated and described complies with the requirements of the code and other pertinent laws and ordinances.

Subp. 6. Approval of construction documents.

A. If the building official issues a permit, the construction documents shall be approved in writing or by a stamp, stating "Reviewed for Code Compliance," dated, and signed by the building official or an authorized representative. One set of the construction documents that were reviewed shall be retained by the building official. The other set shall be returned to the applicant, kept at the site of the work, and open to inspection by the building official or an authorized representative.

B. Any code deficiencies identified by the building official during the plan review process for construction documents that are prepared by a design professional who is licensed or certified under Minnesota Statutes, sections 326.02 to 326.15, must be itemized by the building official through a comprehensive plan review letter only. Any code deficiencies identified by the building official during the plan review process for construction documents that are not prepared by a licensed or certified design professional may be marked directly on the document or itemized by the building official through a comprehensive plan review letter. The issuance of a permit based on construction documents and other data does not prevent the building official from requiring the correction of errors in the construction documents and other data. All sets of required construction documents, including the site copy, municipality copy, or inspector copy, must be marked identically by the building official, with one copy retained by the building official after construction is completed. Work regulated by the code must be installed according to the reviewed construction documents. Work that does not comply with approved construction documents must not proceed until the applicant submits changes that are approved by the building official.

Subp. 7. Previous approvals.

The code in effect at the time of application shall be applicable.

Subp. 8. Phased approval.

The building official may issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of the code. The holder of the permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

Subp. 9. Design professional in responsible charge.

A. The building official may require the owner to engage and designate on the building permit application a licensed design professional who shall act as the licensed design professional in responsible charge. If the circumstances require, the owner shall designate a substitute licensed design professional in responsible charge who shall perform the duties required of the original licensed design professional in responsible charge. The building official shall be notified in writing by the owner if the licensed design professional in responsible charge is changed or is unable to continue to perform the duties. The licensed design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. When structural observation is required by the code, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

B. For the purposes of this part, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The licensed design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the licensed design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

C. Work regulated by the code shall be installed according to the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0140 Violations

It is unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by the code, or cause any of those actions, in conflict with or in violation of the code. The building official may serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the code, or in violation of a permit or certificate issued under the code. The order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1300.0150 Violations, Penalty

A violation of the code is a misdemeanor under Minnesota Statutes, section 326B.082.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1300.0160 Fees

Subpart 1. Schedule of permit fees.

The applicant for a permit for a building; structure; or electrical, gas, mechanical, or plumbing system or alterations requiring a permit shall pay the fee set forth by a fee schedule adopted by the municipality.

When submittal documents are required to be submitted by this chapter, a plan review fee shall be required. The plan review fee shall be established by the fee schedule adopted by the municipality.

Exception: The fee schedule adopted by the municipality may exempt minor work from plan review fees.

Subp. 2. Fees commensurate with service.

Fees established by the municipality must be by legal means and must be fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed.

Subp. 3. Building permit valuations.

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of all construction work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. Building permit valuation shall be set by the building official.

Exceptions: Building permit valuations for the following structures shall be based on the valuation of on-site work only:

A. manufactured homes containing a Housing and Urban Development (HUD) certification label;

B. prefabricated buildings with a Department of Labor and Industry prefabrication label; and

C. industrialized/modular buildings with an Interstate Industrialized Buildings Commission (IIBC) label.

Subp. 4. Building permit fees.

Building permit fees shall be based on valuation.

Exceptions:

A. one- and two-family dwelling maintenance permits for roofing, siding, windows, doors, or other minor projects may be charged a fixed fee; and

B. permits for plumbing, mechanical, electrical, or other building service equipment systems may be based on valuation or charged a fixed fee.

Subp. 5. Plan review fees for similar plans.

When submittal documents for similar plans are approved under subpart 6, plan review fees shall not exceed 25 percent of the normal building permit fee established and charged by the jurisdiction for the same structure.

Subp. 6. Plan review of similar plans.

A. Any number of similar buildings may be built from a master plan if:

B. Plan review fees for similar building plans must be based on the costs commensurate with the direct and indirect cost of the service, but must not exceed 25 percent of the normal building permit fee established and charged by the municipality for the same structure.

C. The plan review fee charged for similar building plans applies to all buildings regulated by the code regardless of occupancy classification including industrialized/modular buildings constructed under a program specified in Minnesota Statutes, section 326B.194.

D. The applicant must submit a new plan set and other information as required by the building official for each building reviewed as a similar building.

Subp. 7. Payment of fees.

A permit shall not be issued until the fees prescribed by the municipality have been paid.

Subp. 8. Work commencing before permit issuance.

If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee established by the municipality shall be collected whether or not a permit is issued and is in addition to the required permit fees, but it may not exceed the permit fee. The investigation fee must comply with requirements for fees in subpart 2.

Subp. 9. Fee refunds.

The municipality shall establish a permit and plan review fee refund policy.

Subp. 10. State surcharge fees.

All municipal permits issued for work under the code are subject to a surcharge fee. The fees are established by Minnesota Statutes, section 326B.148. Reports and remittances by municipalities must be filed with the commissioner.

Surcharge fees imposed by the state are in addition to municipal permit fees. Surcharge report forms and information may be obtained by writing the commissioner.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2006 c 140 art 1 s 1; L 2007 c 140 art 4 s 61; art 13 s 4; 32 SR 5; 39 SR 91; 44 SR 537

Minn. R. 1300.0170 Stop Work Order

If the building official finds any work regulated by the code being performed in a manner contrary to the provisions of the code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order or a notice or order pursuant to part 1300.0110, subpart 4.

The stop work order shall be in writing and issued to the owner of the property involved, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. A person who continues work after having been served with a stop work order, except for work that the person is directed to perform to remove a violation or unsafe condition, is subject to penalties as prescribed by law. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0180 Unsafe Buildings or Structures

A building or structure regulated by the code is unsafe, for purposes of this part, if it is structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous to human life.

Building service equipment that is regulated by the code is unsafe, for purposes of this part, if it is a fire, electrical, or health hazard; an unsanitary condition; or otherwise dangerous to human life. Use of a building, structure, or building service equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this part, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in the code are unsafe building appendages.

The building official shall order any building or portion of a building to be vacated if continued use is dangerous to life, health, or safety of the occupants. The building official shall have the authority to order disconnection of utility services to the building, structure, or system, regulated by the code, in case of an emergency to eliminate a hazard to life or property. The order shall be in writing and state the reasons for the action.

All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, sections 463.15 to 463.26.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0190 Temporary Structures and Uses

Subpart 1. General.

The building official may issue a permit for temporary structures and temporary uses.

Subp. 2. Conformance.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of the code as necessary to ensure the public health, safety, and general welfare.

Subp. 3. Termination of approval.

The building official may terminate the permit for a temporary structure or use and order the temporary structure or use to be discontinued if the conditions required in this part have not been complied with.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0200 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1300.0210 Inspections

Subpart 1. General.

Construction or work for which a permit is required is subject to inspection by the building official and the construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection is not approval of a violation of the code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the code or of other ordinances of the jurisdiction are not valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction is liable for expense entailed in the removal or replacement of any material required to allow inspection.

Subp. 2. Preliminary inspection.

Before issuing a permit, the building official may examine, or cause to be examined, buildings, structures, and sites for which an application has been filed.

Subp. 3. Inspection record card.

The building official shall identify which inspections are required for the work requiring a permit. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card that allows the building official to conveniently make all required entries regarding inspection of the work. This card shall be maintained and made available by the permit holder until final approval has been granted by the building official.

Subp. 4. Inspection requests.

The building official shall provide the applicant with policies, procedures, and a timeline for requesting inspections. The person doing the work authorized by a permit shall notify the building official that the work is ready for inspection. The person requesting an inspection required by the code shall provide access to and means for inspection of the work.

Subp. 5. Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or an agent of the permit holder of any failures to comply with the code. Any portion that does not comply shall be corrected and the portion shall not be covered or concealed until authorized by the building official.

Subp. 6. Required inspections.

The building official, upon notification, shall make the inspections in this part. In addition to the inspections identified in this subpart, see applicable rule chapters in part 1300.0050 for specific inspection and testing requirements.

A. Footing inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. Materials for the foundation shall be on the job, except that concrete need not be on the job if the concrete is ready mixed according to approved nationally recognized standards.

B. Foundations:

C. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

D. Rough-in inspections of plumbing, mechanical, gas, sprinklers, alarms, and electrical systems shall be made before covering or concealment, before fixtures or appliances are set or installed, and before framing inspection.

E. Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping, and bracing are in place and after the plumbing, mechanical, and electrical rough inspections are approved.

F. Energy efficiency inspections shall be made to determine compliance with Minnesota Energy Code requirements.

G. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, are in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistive assembly or a shear assembly.

H. Protection of joints and penetrations in fire-resistance-rated or smoke-resistance-rated assemblies shall not be concealed from view until inspected and approved.

I. Installation of manufactured homes (mobile homes) shall be made after the installation of the support systems and all utility service connections are in place, but before any covering material or skirting is in place. Evaluation of an approved anchoring system is part of the installation inspection.

J. Fireplaces must be inspected for compliance with applicable requirements of the code and the manufacturer's installation instructions.

K. A final inspection shall be made for all work for which a permit is issued.

L. Special inspections shall be as required by the code.

M. In addition to the inspections in items A to K, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the code and other laws that are enforced by the Department of Building Safety.

Subp. 7. Inspection agencies.

The building official is authorized to accept inspection reports by approved agencies.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4; 32 SR 5; 39 SR 91

Minn. R. 1300.0215 Plumbing

Subpart 1. Inspections, testing, and permits.

A. For purposes of this part, "administrative authority" is defined in part 4714.0203.

B. Except as provided in item C, new plumbing systems or parts of existing plumbing systems that have been altered, extended, or repaired shall be tested and approved by the administrative authority before the plumbing system is put into use. The administrative authority shall perform the final inspection and witness the test. The administrative authority shall approve the plumbing system if the system complies with the requirements of this code, any permit requirements, and the requirements of any plan approved pursuant to subpart 6. Plumbing system tests shall comply with chapter 4714.

C. Unless the plumbing work poses an unsanitary or hazardous condition, the administrative authority is authorized to waive the permit, inspection, and testing requirements for the following plumbing work performed in one- and two-family dwellings:

D. The administrative authority is permitted to waive testing requirements for plumbing work that does not include any addition to or replacement, alteration, or relocation of any water supply, drainage, or vent piping, if it does not create a hazardous or unsanitary condition.

Subp. 2.

[Repealed, 39 SR 91]

Subp. 3. Covering of work.

No building drainage or plumbing system or part thereof shall be covered until it has been inspected, tested, and approved as herein prescribed.

If any building drainage or plumbing system or part thereof is covered before being regularly inspected, tested, and approved, as herein prescribed, it shall be uncovered upon the direction of the proper administrative authority.

Subp. 4. Building sewer.

The building sewer shall be inspected by the proper administrative authority to ensure compliance with the provisions of the code.

Subp. 5. Certificate of approval.

Upon the satisfactory completion and final inspection of the plumbing system, a certificate of approval shall be issued by the proper administrative authority.

Subp. 6. Plans and specifications.

Prior to the installation by any person, corporation, or public agency, of a system of plumbing that serves the public or that serves any considerable number of persons, or any plumbing system that shall affect the public health in any manner, complete plans and specifications, together with any additional information that the commissioner of labor and industry may require, shall be submitted and approved by the commissioner. The appraisal of the commissioner shall reflect the degree to which these plans and specifications affect the public health and conform to the provisions of the Minnesota Plumbing Code. No construction shall proceed except in accordance with approved plans and specifications. Any material alteration or extension of the existing system shall be subject to these same requirements. This rule shall not apply to cities of the first class, except those plumbing installations in state-licensed health care facilities or in buildings in these cities owned by the state government.

Except as approved in chapter 4714, there shall be no physical connection between water supply systems that are safe for domestic use and those that are unsafe for domestic use. There shall be no apparatus through which unsafe water may be discharged or drawn into a safe water supply system.

History

Statutory Authority: MS s 14.388; 16B.59 to 16B.75; 326.37 to 326.45; 326B.02; 326B.101 to 326B.194; 326B.43 to 326B.49
History: 17 SR 1279; 23 SR 686; L 2007 c 140 art 4 s 61; art 6 s 15; art 13 s 4; L 2008 c 337 s 64; 36 SR 1289; 39 SR 91; 40 SR 71

Minn. R. 1300.0220 Certificate of Occupancy

Subpart 1. Use and occupancy.

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building, structure, or portion of a building or structure shall be made until the building official has issued a certificate of occupancy for the building or structure under this part. Issuance of a certificate of occupancy is not approval of a violation of the code or other ordinances of the municipality. Certificates presuming to give authority to violate or cancel the code or other ordinances of the municipality are not valid.

Exception: A municipality has the option of requiring certificates of occupancy for:

A. "U" occupancies constructed under the International Building Code;

B. accessory structures constructed under the International Residential Code; or

C. used manufactured homes moved into or within a jurisdiction.

Subp. 2. Existing structures.

The legal occupancy of any structure existing on the date of adoption of the code shall be permitted to continue without change.

Subp. 3. Change in use.

Changes in the character or use of an existing structure must comply with chapter 1305 or 1311.

Subp. 4. Moved buildings.

Buildings or structures moved into or within a jurisdiction shall comply with the provisions of the code for new buildings or structures.

Exception:

A. buildings designed to comply with chapter 1311; or

B. a residential building relocated within or into a municipality need not comply with the Minnesota Energy Code or Minnesota Statutes, section 326B.439.

Subp. 5. Certificate issued.

After the building official inspects a building or structure and finds no violations of the code or other laws that are enforced by the Department of Building Safety, the building official shall issue a certificate of occupancy containing the following:

A. the building permit number;

B. the address of the structure;

C. the name and address of the owner;

D. a statement that the described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified;

E. the name of the building official;

F. the edition of the code under which the permit was issued;

G. the use and occupancy classification;

H. the type of construction;

I. if an automatic sprinkler system is provided; and

J. any special stipulations and conditions of the building permit.

Subp. 6. Temporary occupancy.

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that the portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

Subp. 7. Revocation.

The building official may issue a written suspension or revocation of a certificate of occupancy issued under the code if the certificate is issued in error or on the basis of incorrect information supplied, or if the building or use of the building, structure, or portion of the building or structure is in violation of any ordinance or regulation or a provision of the code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1300.0225 Maintenance

All buildings and structures, both existing and new, and all parts of the buildings or structures, shall be maintained in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in conformance with the code editions under which the devices or safeguards are installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. A building official is authorized to require reinspection of a building or structure if the building official is unable to determine whether or not the building or structure complies with this part.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91

Minn. R. 1300.0230 Board of Appeals

Subpart 1. Local board of appeals.

In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be designated by the governing body. Appeals hearings must occur within ten working days from the date the municipality receives a properly completed application for appeal. If an appeals hearing is not held within this time, the applicant may appeal directly to the State Building Code Appeals Board.

The board shall adopt rules of procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official and to the state building official within five working days of the decision. For jurisdictions without a board of appeals, the appellant may appeal to an appeals board assembled by the state of Minnesota, Department of Labor and Industry's Construction Codes and Licensing Division.

Subp. 2. Qualifications.

The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the affected jurisdiction.

Subp. 3. Limitations on authority.

An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.

Subp. 4.

[Repealed, L 2012 c 295 art 1 s 17]

Subp. 5. Final interpretive authority.

In accordance with Minnesota Statutes, section 326B.127, subdivision 5, the commissioner has final interpretive authority to all codes adopted as part of the State Building Code, except for the State Plumbing Code, the State Electrical Code, and the State High Pressure Piping Code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; 32 SR 5; L 2007 c 140 art 4 s 61; art 13 s 4; L 2012 c 295 art 1 s 17; 39 SR 91

Minn. R. 1300.0240 Disclaimer Clause

The inclusion of specific requirements relative to the manner of installation of any building or portion of any building or building equipment in one or more parts of the code does not limit this procedure to any particular type of installer or provide a basis upon which determination of the right to perform a procedure shall be made. The authority for this determination is in the various licensing statutes or ordinances for each type of installer who performs the work.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1300.0250 Severability

The invalidity of any provision of the Minnesota State Building Code does not affect any other provisions of the code that can be given effect without the invalid provision and, to this end, the provisions of the code are declared to be severable.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4

The purpose of parts 1301.0100 to 1301.0600 is to establish procedures for certification of building officials and prerequisites for persons applying to be certified.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1301.0200 Forms of Certification

Subpart 1. Certified building official.

This classification is granted to a person who has met the "certified building official" prerequisites of part 1301.0300 and successfully passed the written examination prepared by the state. A person with this certification may serve as the building official for any municipality.

Subp. 1a.

[Repealed, 27 SR 1474]

Subp. 2.

[Repealed, 19 SR 75]

Subp. 3. Class I certification.

A Class I certification is identified as "Class I" on the certification card. This classification was granted to a person who met a prerequisite and passed a written examination. This classification restricts the holder to administering the code only for one- and two-family dwellings and their accessory structures. As of July 1, 1990, this class is no longer issued. Persons with this classification may continue to hold this classification by submitting evidence of fulfilling the appropriate continuing education program established by part 1301.0900, item A.

Subp. 4.

[Repealed, 19 SR 75]

Subp. 5. Certified building official-limited.

This certification is identified as "certified building official-limited" on the certification card. This classification is granted to a person who has met the "certified building official-limited" prerequisites of part 1301.0300 and successfully passed the written examination prepared by the state. A person with this classification may perform code administration for one- and two-family dwellings, their accessory structures, and "exempt classes of buildings" as provided in part 1800.5000 of the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Geoscience rules, as well as "facilities for persons with physical disabilities" provisions in chapter 1341 of the Minnesota State Building Code. Code administration for all other buildings must be performed by a certified building official as defined in subpart 1. However, the certified building official-limited may conduct inspections at the direction of a certified building official or the state building official.

Subp. 6. Accessibility specialist.

This certification is identified as "accessibility specialist" on the certification card. This certification is granted to a person who has met the "accessibility specialist" prerequisites of part 1301.0300 and successfully passed the written examination prepared by the state. A person with this classification is limited to the administration of those provisions of the Minnesota State Building Code which provide access for persons with disabilities.

Use of this certification is restricted to municipalities that according to Minnesota Statutes, sections 16B.72 and 16B.73, do not administer the code. If a municipality adopts the Minnesota State Building Code, the responsibilities for code administration and enforcement are under the authority of the certified building official or the certified building official-limited.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 19 SR 75; 27 SR 1474; L 2005 c 56 s 2; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1301.0300 Certification Prerequisites

Prior to making application for certification as a certified building official, a person shall accumulate a minimum of 100 points from the categories in items A to C.

Prior to making application for certification as a certified building official-limited, a person shall accumulate a minimum of 30 points from categories in items A to C. Prior to taking the examination for certification as a certified building official-limited, a person shall attend a course specified by the state building official.

Prior to taking the examination for certification as an accessibility specialist, a person shall attend a course specified by the state building official.

A. Education: BIT refers to building inspection technology programs offered in the community college system. Points must be awarded as follows for successful completion of the programs or courses listed:

B. Certifications: Points must be awarded for certifications obtained as follows:

C. Experience: Points shall be awarded for experience obtained as follows:

D. Other education, certifications, and experience relating to the field of the construction industry that is not enumerated in items A to C must be given credit as determined by the state building official based on comparison with the prerequisites in items A to C.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 19 SR 75; 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1301.0400 Application for Certification

A person seeking certification shall submit a completed application to the state building official on an application form provided by the commissioner, along with a nonrefundable $70 fee payable to the commissioner of management and budget. The state building official shall review applications for compliance with prerequisites in part 1301.0300. If the prerequisites are satisfied, the state building official shall schedule the applicant to take the applicable examination.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 19 SR 75; 27 SR 1474; L 2003 c 112 art 2 s 50; L 2007 c 140 art 4 s 61; art 13 s 4; L 2009 c 101 art 2 s 109

Minn. R. 1301.0500 [Repealed, L 2010 c 347 art 3 s 75]

[Repealed, L 2010 c 347 art 3 s 75]

Minn. R. 1301.0600 Education and Training

The commissioner shall provide educational programs designed to train and assist building officials in carrying out their responsibilities, according to Minnesota Statutes, section 326B.133, subdivision 3. Within limitations of personnel and funds, the state building official may provide training programs for legislative bodies, administrative staff persons, design professionals, the construction industry, and the general public.

Information concerning available training programs may be obtained from the state building official by written, electronic mail, or telephone inquiry. Training program information is also available on the department's website.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 1

Minn. R. 1301.0700 Authority and Purpose

Parts 1301.0700 to 1301.1200 establish the guidelines for building official certification maintenance under Minnesota Statutes, section 326B.133, subdivision 7.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 19 SR 75; 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 1

Minn. R. 1301.0800 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1301.0700 to 1301.1200.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of labor and industry.

Subp. 3.

[Repealed, 27 SR 1474]

Subp. 4. State building official.

"State building official" means the individual appointed by the commissioner of labor and industry to administer the code.

Subp. 5.

[Repealed, 27 SR 1474]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 27 SR 1474; L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4

Minn. R. 1301.0900 [Repealed, L 2010 c 347 art 3 s 75]

[Repealed, L 2010 c 347 art 3 s 75]

Minn. R. 1301.1000 Continuing Education Credit

Subpart 1. Approved education programs.

The following programs are approved for the number of continuing education units indicated:

A. Annual Building Official Institute of Minnesota, 2.5 units for each full day of attendance;

B. Department of Labor and Industry seminars, 2.5 units for each full day of attendance;

C. International Conference of Building Officials seminars, 2.5 units for each full day of attendance;

D. International Conference of Building Officials annual education and code development conference, 2.5 units for each full day of attendance;

E. State Building Code development committee meetings, 0.42 unit for each hour of attendance;

F. State International Conference of Building Officials chapter meetings, one unit for each meeting with a minimum three-hour educational program;

G. regional building official meetings, one unit for each meeting with a minimum three-hour educational program;

H. area building official luncheon meetings, 0.25 unit for each meeting;

I. college building inspection technology and other related college courses, four units for each credit earned;

J. postsecondary training courses in construction, management, or supervision, one unit for every three hours of instruction received or related shop work completed;

K. certification in an International Conference of Building Officials certification program received after January 1, 1985, four units for each certificate;

L. certification as a certified building official by the Council of American Building Officials after January 1, 1985, six units;

M. teaching a course at the community college level in the building inspection technology program or teaching a course at a technical college, one unit for every four hours of instruction provided during a three-year reporting period; and

N. maintenance of an International Conference of Building Officials certification, one unit.

Subp. 1a. Credit for repeated continuing education.

Credit must be awarded only once for each course taught or education program attended during a three-year cycle, despite the number of times the same course is taught or the same education program is attended.

Subp. 2. Other continuing education.

Continuing education offered by other states, correspondence schools, universities, or other institutes of learning that offer building code administration and enforcement-related courses must be considered on an individual basis. Each building official must prearrange for unit approval with the state building official to receive credit. Units must be approved on the basis of comparison with the items in subpart 1. The state building official shall award 0.42 continuing education units for each hour of continuing education rounded to the nearest full or half unit.

Subp. 3. Mandatory continuing education.

The state building official shall require that specific courses be taken, if necessary, to insure continuing education in relevant code application, administration, or enforcement practices. The requirements may include training courses when new codes or legislative mandates are adopted.

Subp. 4.

[Repealed, 27 SR 1474]

Subp. 5. Review of continuing education.

All continuing education is subject to periodic review and evaluation by the commissioner or the commissioner's agent.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; L 1989 c 246 s 2; 19 SR 75; 27 SR 1474; L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4

Minn. R. 1301.1100 Requirements for Recertification

Subpart 1. Submission of information.

Each person certified under this chapter must provide evidence to the state building official on forms provided by the state building official of attendance or participation in an approved continuing education program and units earned.

The information must be submitted to the state building official before the last day of the third calendar year following the date of the last certification issued.

Subp. 2.

[Repealed, L 2010 c 347 art 3 s 75]

Subp. 3.

[Repealed, L 2010 c 347 art 3 s 75]

Subp. 4.

[Repealed, L 2010 c 347 art 3 s 75]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.65; 326B.101; 326B.106; 326B.13; 326B.133
History: 15 SR 74; 19 SR 75; 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4; L 2010 c 347 art 3 s 75

Minn. R. 1301.1200 [Repealed, 27 SR 1474; 27 SR 1791]

[Repealed, 27 SR 1474; 27 SR 1791]

Minn. R. 1301.1201 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 1301.1300 Authority and Purpose

The purpose of parts 1301.1300 to 1301.1600 is to establish competency criteria, establish and approve education programs, and establish continuing education requirements for construction code inspectors pursuant to Minnesota Statutes, section 326B.135. Parts 1301.1300 to 1301.1600 shall be administered by the supervising designated building official.

History

Statutory Authority: MS s 16B.655; 326B.135
History: 32 SR 1933; L 2008 c 337 s 64

Minn. R. 1301.1310 Definitions

Subpart 1. Generally.

The definitions in this part apply to parts 1301.1300 to 1301.1600.

Subp. 2. Building construction.

"Building construction" means soils supporting buildings, foundations, superstructures, the entire building envelope, and site work regulated by the State Building Code, but not mechanical systems or plumbing systems.

Subp. 3. Building inspection technology course or BIT course.

"Building inspection technology course" or "BIT course" means a building inspection technology course offered for college or university credit from an accredited college or university.

Subp. 4. Building inspector.

"Building inspector" means an individual who, under the supervision of a designated building official, inspects building construction and meets the requirements of part 1301.1400, subpart 2.

Subp. 5. Combination inspector.

"Combination inspector" means an individual who, under the supervision of a designated building official, inspects building construction, mechanical systems, and plumbing systems and meets the requirements of part 1301.1400, subpart 5.

Subp. 6. Construction code inspector.

"Construction code inspector" means a building inspector, mechanical inspector, plumbing inspector, or combination inspector who, under the supervision of a designated building official, performs building, plumbing, or mechanical inspections.

Subp. 7. Designated building official.

"Designated building official" means an individual who, as a certified building official or building official limited, has been designated by a municipality pursuant to Minnesota Statutes, section 326B.133, subdivision 1.

Subp. 8. Mechanical inspector.

"Mechanical inspector" means an individual who, under the supervision of a designated building official, inspects mechanical systems and meets the requirements of part 1301.1400, subpart 3.

Subp. 9. Mechanical system.

"Mechanical system" means a system within the scope of chapter 1346 that is composed of devices, appliances, or equipment.

Subp. 10. One year of experience.

"One year of experience" means 1,800 hours of time occurring within 12 consecutive months.

Subp. 11. Plumbing inspector.

"Plumbing inspector" means an individual who, under the supervision of a designated building official, inspects plumbing systems and meets the requirements of part 1301.1400, subpart 4.

Subp. 12. Plumbing system.

"Plumbing system" means a system within the scope of chapter 4714 that is composed of devices, appliances, or equipment.

History

Statutory Authority: MS s 16B.655; 326B.135
History: 32 SR 1933; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 40 SR 71

Minn. R. 1301.1400 Minimum Competency Criteria

Subpart 1. Generally.

An individual conducting construction code inspections must meet the minimum competency criteria in this part, except that an individual holding a current certification as a building official under Minnesota Statutes, section 326B.133, is exempt from this part and part 1301.1600. All construction code inspectors hired on or after January 1, 2008, shall within one year of hire, be in compliance with the competency criteria of this part.

Subp. 2. Building inspector.

To conduct the activities of a building inspector, an individual must meet at least one of the following minimum competency criteria:

A. three years' experience in construction with specific skilled participation in the construction of foundations and superstructures;

B. five years' experience in the complete design of buildings;

C. successful completion of two or more BIT courses in building construction;

D. vocational or trade school diploma or equivalent education related to building construction;

E. bachelor's degree or more in architecture, engineering, or construction management;

F. current certification by a national model building code group or a national standards writing group as a building inspector; or

G. two years' experience conducting building construction inspections while under the supervision of a Minnesota designated building official.

Subp. 3. Mechanical inspector.

To conduct the activities of a mechanical inspector, an individual must meet at least one of the following minimum competency criteria:

A. three years' experience in the installation or design of mechanical systems;

B. successful completion of two or more BIT courses, with at least one course specifically related to mechanical systems;

C. vocational or trade school diploma or equivalent education related to the construction of mechanical systems;

D. bachelor's degree or more in architecture or engineering; or

E. current certification by a national model building code group or a national standards writing group in mechanical system inspections.

Subp. 4. Plumbing inspector.

To conduct the activities of a plumbing inspector, an individual must meet at least one of the following minimum competency criteria:

A. three years' qualifying experience in the installation or design of plumbing systems that is obtained in compliance with Minnesota's plumbing licensure laws;

B. successful completion of two or more BIT courses, with at least one course specifically related to plumbing systems;

C. vocational or trade school diploma or equivalent education related to the construction of plumbing systems;

D. bachelor's degree or greater in architecture or engineering; or

E. current certification by a national model building code group or a national standards writing group in plumbing system inspection.

Subp. 5. Combination inspector.

To conduct the activities of a combination inspector, an individual must meet the minimum competency criteria of subparts 2, 3, and 4.

History

Statutory Authority: MS s 16B.655; 326B.135
History: 32 SR 1933; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1301.1500 Education and Training

Subpart 1. Education programs provided.

The commissioner shall provide educational programs designed to train and assist construction code inspectors pursuant to Minnesota Statutes, section 326B.135, subdivision 2.

Subp. 2. Program evaluation.

The commissioner shall evaluate code-related education programs offered by other states, correspondence schools, universities, or other educational or code-related entities which must be considered on an individual basis and shall award one continuing education hour per 50-minute contact hour. Continuing education programs completed by correspondence must be evaluated based upon the program content and the work the participant is required to successfully complete and submit in order to complete the program.

History

Statutory Authority: MS s 16B.655; 326B.135
History: 32 SR 1933; L 2008 c 337 s 64

Minn. R. 1301.1600 Continuing Education

Subpart 1. Mandatory continuing education.

Each construction code inspector must annually meet the requirements for continuing education in subpart 2 or 3, and provide verifiable evidence of completed continuing education credits to the designated building official. The designated building official must retain evidence of compliance for three years.

Subp. 2. Building, mechanical, and plumbing inspectors.

Each building inspector, mechanical inspector, or plumbing inspector must complete 15 hours of continuing education annually, of which six hours must be in the discipline in which the individual meets the competency criteria.

Subp. 3. Combination inspectors.

Each combination inspector must complete 20 hours of continuing education annually, of which six hours must be in each discipline.

History

Statutory Authority: MS s 16B.655; 326B.135
History: 32 SR 1933; L 2008 c 337 s 64

Chapter 1302 CONSTRUCTION APPROVALS

Minn. R. 1302.0100 Title

This chapter shall be known as the "Construction Approval Rules."

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1302.0200 Purpose

The purpose of this chapter is to establish fees; establish procedures for the review of building plans, specifications, and related documents; and provide for code administration including plan review and inspection services for public buildings, state licensed facilities, and municipalities for which the commissioner undertakes code administration as authorized in Minnesota Statutes, section 326B.121, subdivision 2, to determine compliance with the code.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1302.0300 [Repealed, 19 SR 1735]

[Repealed, 19 SR 1735]

Minn. R. 1302.0400 Definitions

Subpart 1. Scope.

The definitions in this part apply to this chapter.

Subp. 2. Certification.

"Certification" means the certification and signature of the designing professional who has prepared the plans, specifications, and other documents in accordance with part 1800.4200.

Subp. 3. Code.

"Code" has the meaning given in part 1300.2400, subpart 6.

Subp. 4. Municipality.

"Municipality" has the meaning given in part 1300.2400, subpart 10.

Subp. 5. Public building.

"Public building" means:

A. a building and its grounds, the cost of which is paid for by the state or a state agency, regardless of its cost; and

B. a school district building project the cost of which is $100,000 or more.

Subp. 6. State building official.

"State building official" has the meaning given in part 1300.2400, subpart 11.

Subp. 7. State licensed facility.

"State licensed facility" means a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, or correctional facility.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1302.0500 Responsibilities

Subpart 1. General.

In order to determine compliance with the code, the state building official shall:

A. provide for the review of building plans, specifications, and related documents for public buildings and state licensed facilities;

B. provide for the inspection of public buildings and state licensed facilities; and

C. provide for the administration and enforcement of the code in municipalities for which the state building official undertakes administration of the code as authorized by the commissioner in Minnesota Statutes, section 326B.121, subdivision 2.

Subp. 2.

[Repealed, 19 SR 1735]

Subp. 3.

[Repealed, 19 SR 1735]

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1302.0600 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 1302.0700 Plan Review

Subpart 1. Materials to be submitted.

When a municipality does not contract with the state for code administration and enforcement services on public buildings and state licensed facilities as referred to in part 1302.0850, plans, specifications, and related documents for new construction, additions, and remodeling must be submitted to the state building official.

Subp. 2. Information to be included.

A person who must submit plans and specifications under this part shall include:

A. two complete sets of drawings, specification books, and other relevant documents necessary to evidence code compliance, with appropriate certification on each sheet of the drawings and the title page of the specifications book;

B. a completed plan review and construction authorization application form provided by the state building official;

C. the appropriate fee established by part 1302.0600; and

D. a reference to any optional chapters of the code as identified in part 1300.2900 adopted by the municipality and any optional appendix chapters of the Uniform Building Code as identified in part 1305.0020 adopted by the municipality.

Subp. 3. State building official's duties.

The state building official or the official's agent shall review submittals and prepare written comments defining items not in compliance with the code. The written comments must be mailed to the submitting designer with copies to the municipal building official, when applicable, and the owner, and a copy must be kept on file by the state building official. The submitting designer shall respond to the review comments of the state building official within 14 days, describing the methods of correcting the errors or omissions in compliance with the comments of the state building official or the official's agent.

Authorization for construction must be granted when compliance with the requirements of the code is documented.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1302.0800 [Repealed, 19 SR 1735]

[Repealed, 19 SR 1735]

Minn. R. 1302.0850 Code Administration by Commissioner

The commissioner shall administer and enforce the code as a municipality with respect to public buildings and state licensed facilities as authorized in Minnesota Statutes, section 326B.106, subdivision 1a. This includes the issuance of building permits and performing plan review and inspection.

The state building official shall contract with a municipality for code administration and enforcement services for public buildings and state licensed facilities if the state building official determines that the contracting municipality has adequately trained and qualified personnel to provide services for the construction project.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1302.0900 [Repealed, 19 SR 1735]

[Repealed, 19 SR 1735]

Minn. R. 1302.0950 Code Enforcement by State Building Official

In accordance with Minnesota Statutes, section 326B.121, subdivision 2, the state building official shall undertake the administration and enforcement of the code in municipalities where the commissioner determines the code is not being properly administered and enforced and in municipalities that determine not to administer and enforce the code when required by Minnesota Statutes, sections 326B.101 to 326B.194. The commissioner may also contract with other certified building officials to provide the required code administration and enforcement. Any cost to the state arising from the state administration and enforcement of the code shall be borne by the subject municipality.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 19 SR 1735; L 2007 c 140 art 4 s 61; art 13 s 4

Chapter 1303 MINNESOTA PROVISIONS OF STATE BUILDING CODE

Minn. R. 1303.1000 Title

This chapter shall be known as "Minnesota provisions."

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1100 Purpose

This chapter contains requirements of the code that are mandated by Minnesota Statutes, are needed to address Minnesota's climatic conditions, or are otherwise determined necessary to provide a safe minimum level of construction in an area not appropriately regulated in the International Building Code or International Residential Code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1200 Restroom Facilities in Public Accommodations

Subpart 1. Ratio.

In a place of public accommodation subject to this part, the ratio of water closets for women to the total of water closets and urinals provided for men must be at least three to two, unless there are two or fewer fixtures for men.

Subp. 2. Application.

This part applies only to the construction of buildings or structures of public accommodation or where the cost of alterations to an existing place of public accommodation exceeds 50 percent of the estimated replacement value of the existing facility.

Subp. 3. Definition.

For purposes of this part, "place of public accommodation" means a publicly or privately owned sports or entertainment arena, stadium, theater, community or convention hall, special event center, amusement facility, or special event center in a public park, that is designed for occupancy by 200 or more people.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1300 Space for Commuter Vans

Every parking ramp or other parking facility must include spaces for the parking of motor vehicles having a capacity of seven to 16 persons. The number of required spaces must be determined by two percent of the gross designed parking area with a minimum of two spaces. The minimum vertical clearance to and within required spaces is 98 inches.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1400 Automatic Garage Door Opening Systems

All automatic garage door opening systems that are installed, serviced, or repaired for garages serving residential buildings, must comply with the provisions of Minnesota Statutes, sections 325F.82 and 325F.83.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1500 Recycling Space

Subpart 1. Requirement.

Space must be provided for the collection, separation, and temporary storage of recyclable materials within or adjacent to all new or significantly remodeled buildings or structures that contain 1,000 square feet or more.

Exception: Residential structures with fewer than four dwelling units.

Subp. 2. Location.

Space designated for recycling shall be located so it is at least as convenient as the location where other solid waste is collected. If feasible, recycling space should be adjacent to other solid waste collection space. Recycling space must be located and designed in accordance with the provisions of this code and ordinances of the jurisdiction.

Subp. 3. Identification on plans.

Space designated for recycling must be identified on plans submitted for a building permit.

Subp. 4. Minimum space.

Space designated for recycling must be sufficient to contain all the recyclable materials generated from the building. The minimum amount of recycling space required must be the number of square feet determined by multiplying the gross square feet of floor areas assigned to each use within a building as set forth in subpart 5, Table 1-A, times the corresponding factor.

Subp. 5.

TABLE 1-A MINIMUM RECYCLING SPACE REQUIREMENTS.

Footnotes:

1 The area of a use must include all areas serving or accessory to a use (corridors, accessory use areas, etc.).

2 Exclude playing areas, courts, fields, and like areas.

3 The factors for these uses are intended to include all incidental uses typical of these types of facilities.

If the provisions of Table 1-A are excessive due to a specific use, space for recycling may be considered individually by the administrative authority.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1600 Footing Depth for Frost Protection

Subpart 1. Minimum footing depth.

In the absence of a determination by an engineer competent in soil mechanics, the minimum allowable footing depth in feet due to freezing is five feet in Zone I and 3-1/2 feet in Zone II.

Zone I includes the counties of: Aitkin, Becker, Beltrami, Carlton, Cass, Clay, Clearwater, Cook, Crow Wing, Douglas, Grant, Hubbard, Itasca, Kanabec, Kittson, Koochiching, Lake, Lake of the Woods, Mahnomen, Marshall, Mille Lacs, Morrison, Norman, Otter Tail, Pennington, Pine, Polk, Red Lake, Roseau, St. Louis, Todd, Traverse, Wadena, and Wilkin.

Zone II shall include the counties of: Anoka, Benton, Big Stone, Blue Earth, Brown, Carver, Chippewa, Chisago, Cottonwood, Dakota, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Hennepin, Houston, Isanti, Jackson, Kandiyohi, Lac qui Parle, Le Sueur, Lincoln, Lyon, McLeod, Martin, Meeker, Mower, Murray, Nicollet, Nobles, Olmsted, Pipestone, Pope, Ramsey, Redwood, Renville, Rice, Rock, Scott, Sibley, Sherburne, Stearns, Steele, Stevens, Swift, Wabasha, Waseca, Washington, Watonwan, Winona, Wright, and Yellow Medicine.

Less depths may be permitted when supporting evidence is presented by an engineer competent in soil mechanics.

Subp. 2. Soil under slab on grade construction for buildings.

When soil, natural or fill, is sand or pit run sand and gravel, and of depth in accordance with minimum footing depth requirements for each zone, slab on grade construction which is structurally designed to support all applied loads is permitted. Sand must contain less than 70 percent material that will pass through a U.S. Standard No. 40 sieve and less than five percent material that will pass through a No. 200 sieve (five percent fines), or be approved by an engineer competent in soil mechanics.

Exception: Slab on grade construction may be placed on any soil except peat or muck for detached one-story private garage, carport, and shed buildings not larger than 1,000 square feet.

Footings for interior bearing walls or columns may be constructed to be integral with the slab on grade for any height building. Footings for exterior bearing walls or columns may be similarly constructed for any height building when supporting soil is as described in this subpart. Footing design must reflect eccentric loading conditions at slab edges, soil bearing capacity, and the requirements of International Building Code, chapter 19.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1303.1700 Ground Snow Load

The ground snow load, Pg, to be used in determining the design snow loads for buildings and other structures shall be 60 pounds per square foot in the following counties: Aitkin, Becker, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, Hubbard, Itasca, Kanabec, Kittson, Koochiching, Lake, Lake of the Woods, Mahnomen, Marshall, Mille Lacs, Morrison, Norman, Otter Tail, Pennington, Pine, Polk, Red Lake, Roseau, St. Louis, Todd, and Wadena. The ground snow load, Pg, to be used in determining the design snow loads for buildings and other structures shall be 50 pounds per square foot in all other counties.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.1800 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1303.1900 [Repealed, 32 SR 10]

[Repealed, 32 SR 10]

Minn. R. 1303.2000 Exterior Wood Decks, Patios, and Balconies

The decking surface and upper portions of exterior wood decks, patios, and balconies may be constructed of any of the following materials:

A. the heartwood from species of wood having natural resistance to decay or termites, including redwood and cedars;

B. grades of lumber which contain sapwood from species of wood having natural resistance to decay or termites, including redwood and cedars; or

C. treated wood. The species and grades of wood products used to construct the decking surface and upper portions of exterior decks, patios, and balconies must be made available to the building official on request before final construction approval.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.2100 Bleacher Safety

All new bleachers, manufactured, installed, sold, or distributed where the bleachers or bleacher open spaces will be over 55 inches above grade or the floor below, and all bleacher guardrails if any part of the guardrail will be over 30 inches above grade or the floor below must comply with the State Building Code in effect and the provisions of Minnesota Statutes, section 326B.112.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1478; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1303.2200 Simplified Wind Loads

Subpart 1. Section 2200.

A. This section applies to the wind loads for the main wind force-resisting systems only.

B. In order to utilize wind loads from this part, the building shall meet the following requirements:

Subp. 2. Simplified design wind pressures.

Ps represents the net pressures (sum of internal and external) to be applied to the horizontal and vertical projections of building surfaces. For the horizontal pressures, Ps is the combination of the windward and leeward net pressures. Ps may be determined from the following equation:

Ps = Kzt (Vult2/1152)Palt

where:

Kzt = Topographic factor as defined in Chapter 26 of ASCE 7.

Palt = Alternative simplified design wind pressure from Table Palt.

aValues are for ultimate wind design (Vult). Multiply by 0.6 for allowable stress design (ASD).

bFor vertical pressure, the above values are negative (upward).

cNegative values are upward.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 537

The purpose of parts 1303.2400 to 1303.2402 is to establish minimum requirements for passive radon control systems that apply to all new residential structures listed in items A to H:

A. one-family dwellings;

B. two-family dwellings;

C. townhouses;

D. apartment buildings;

E. condominiums;

F. multistory buildings that include any residential occupancy;

G. mixed-occupancy buildings that include any residential occupancy; and

H. any addition to an existing dwelling that currently has a radon control system incorporated into the existing building. If a fan is installed in a passive radon control system, this creates an active radon control system that must comply with the requirements of parts 1303.2400 to 1303.2403.

Subp. 2. Applicability; design features.

The requirements in parts 1303.2400 to 1303.2402 shall apply to any structure identified in subpart 1, items A to H, if the structure is designed with any of the features identified in items A to F:

A. a basement concrete slab in contact with the earth;

B. a crawl space within the building's conditioned space that has a concrete or earth floor;

C. a wood foundation floor constructed on or directly above the earth;

D. slab on grade construction designs;

E. attached or tuck-under garages, unless the floor, wall, and ceiling assemblies separating the garage from the dwellings are sealed; and

F. any building configuration that allows radon gas to enter the residential dwelling. Exceptions: 1. Crawl spaces outside the conditioned space of the residential dwelling, when the crawl space is ventilated directly to the outside atmosphere according to IRC sections R408.1 and R408.2; IBC sections 1203.3 and 1203.3.1; Code of Federal Regulations, section 3285.505; and Minnesota Rules, chapter 1350. 2. Hotels and motels. 3. Additions to existing dwellings that do not currently have a radon control system incorporated into the existing dwelling.

Subp. 3. Mixed occupancy or multistory mixed occupancy buildings.

When the nonresidential occupancy is in contact with the earth, all assemblies that separate the occupancies must be sealed to prevent the movement of air and airborne gases between the nonresidential and residential occupancies. When the residential occupancy is in contact with the earth and adjacent to a nonresidential occupancy, the residential occupancy shall incorporate a radon control system and all assemblies that separate the nonresidential and residential occupancy shall be sealed to prevent the movement of air or airborne gases.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1303.2401 Definitions

Subpart 1. Terms not defined.

For purposes of parts 1303.2400 to 1303.2403, where terms are not defined in parts 1303.2400 to 1303.2403, Merriam-Webster's Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

Subp. 2. Definitions.

For the purposes of parts 1303.2400 to 1303.2403, the terms defined in this part have the meanings given them.

ACTIVE RADON CONTROL SYSTEM. "Active radon control system" means a system designed to achieve lower air pressure below the soil-gas membrane relative to the indoor air pressure by use of a fan that has been added to the passive radon control system.

APPROVED. "Approved" means approval by the building official, pursuant to the Minnesota State Building Code, by reason of inspection, investigation, or testing; accepted principles; computer simulations; research reports; or testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

CFR. "CFR" means Code of Federal Regulations, title 24, chapter 3285.

GAS PERMEABLE MATERIAL. A "gas permeable material" means any of the following:

A uniform layer of clean aggregate, a minimum of 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve.
A uniform layer of sand, native or fill, a minimum of 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases.
Other materials, systems, or floor designs if the material, system, or floor design is professionally engineered to provide depressurization under the entire soil-gas membrane.

IBC. "IBC" means the International Building Code incorporated by reference except as qualified and amended in Minnesota Rules, chapter 1305.

IRC. "IRC" means the International Residential Code incorporated by reference except as qualified and amended in Minnesota Rules, chapter 1309.

PASSIVE RADON CONTROL SYSTEM. "Passive radon control system" means a system designed to achieve lower air pressure below the soil-gas membrane relative to the indoor air pressure by use of a vent pipe that relies on stack effect to provide an upward flow of air from beneath the soil-gas membrane.

RADON GAS. "Radon gas" means a naturally occurring, chemically inert, radioactive gas.

SEALED. "Sealed" means to prevent the movement of air or airborne gases through a floor, wall, or ceiling assembly.

SOIL-GAS MEMBRANE. "Soil-gas membrane" means a continuous membrane of 6-mil (0.15 mm) polyethylene, or 3-mil (0.075 mm) cross-laminated polyethylene.

VENT PIPE. "Vent pipe" means a 3-inch (76 mm) or 4-inch (102 mm) diameter ABS or PVC pipe used to vent subsoil gases that have collected under the soil-gas membrane to the exterior of the dwelling.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1303.2402 Requirements for Passive Radon Control Systems

Subpart 1. Gas permeable material preparation.

A gas-permeable material shall be placed on the prepared subgrade under all floor systems.

Subp. 2. Soil-gas membrane installation.

A soil-gas membrane shall be placed on top of the gas-permeable material prior to placing a floor on top of or above the soil. The soil-gas membrane shall cover the entire floor area. Separate sections of membrane must be lapped at least 12 inches (305 mm). The membrane shall fit closely around any penetration of the membrane to reduce the leakage of soil gases. All punctures or tears in the soil-gas membrane shall be repaired by sealing and patching the soil-gas membrane with the same kind of material, maintaining a minimum 12-inch (305 mm) lap.

Subp. 3. "T" fitting.

A "T" fitting shall be installed beneath the soil-gas membrane with a minimum of 10 feet of perforated pipe connected to any two openings of the "T" fitting, or by connecting the two openings to the interior drain tile system. The third opening of the "T" fitting shall be connected to the vent pipe. The perforated pipe or drain tile and the "T" fitting shall be the same size as the vent pipe. All connections to the "T" fitting shall be tight fitting.

Subp. 4. Potential entry routes.

Potential entry routes for radon gas shall be sealed according to this subpart, as applicable.

A. Floor openings. Floor openings around bathtubs, showers, water closets, pipes, wires, or other objects that penetrate the soil-gas membrane and the concrete slab or other floor systems, shall be sealed.

B. Concrete joints. All control joints, isolation joints, construction joints, or any other joints in the concrete slab, or the joint between the concrete slab and a foundation wall, shall be sealed. All gaps and joints shall be cleared of all loose material prior to sealing.

C. Foundation walls. Penetrations of all foundation wall types shall be sealed. Joints, cracks, or other openings around all penetrations of both exterior and interior surfaces of foundation walls shall be sealed.

D. Unconditioned crawl spaces. All penetrations through floors or walls into unconditioned crawl spaces shall be sealed. Access doors into unconditioned crawl spaces shall be gasketed. Crawl space ventilation shall be provided according to part 1303.2400.

E. Sumps. A sump connected to interior drain tile may serve as the termination point for the vent pipe, if the sump cover is sealed or gasketed and designed to accommodate the vent pipe. The sump pump water discharge pipe shall have a backflow preventer installed.

Subp. 5. Vent pipes.

A. Single vent pipe. The vent pipe shall be primed and glued at all fittings and shall extend up from the radon control system's collection point to a point terminating a minimum of 12 inches (305 mm) above the roof. The vent pipe shall be located at least 10 feet (3,048 mm) away from any window or other opening into the conditioned spaces of the building. Vent pipes routed through unconditioned spaces shall be insulated with a minimum of R-4 insulation. Vent pipes within the conditioned envelope of the building shall not be insulated.

B. Multiple vent pipes. In buildings where interior footings or other barriers separate the gas-permeable material into two or more areas, each area shall be fitted with an individual radon control system in accordance with item A, or connected to a single radon gas vent pipe terminating above the roof in accordance with item A.

C. Vent pipe drainage. All components of the radon gas vent pipe system shall be installed to provide drainage to the ground beneath the soil-gas membrane.

D. Vent pipe accessibility. Radon gas vent pipes shall be provided with space around the vent pipe for future installation of a fan. The space required for the future fan installation shall be a minimum of 24 inches in diameter, centered on the axis of the vent pipe, and shall extend a minimum distance of 3 vertical feet. Exception: Accessibility to the radon gas vent pipe is not required if the future fan installation is above the roof system and there is an approved rooftop electrical supply provided.

E. Vent pipe identification. All radon gas vent pipes shall be identified with at least 1 label on each story and in attics and crawl spaces. The label shall read: "Radon Gas Vent System."

F. Combination foundations. Combination basement/crawl space or slab-on grade/crawl space foundations shall have separate radon gas vent pipes installed in each type of foundation area. Each radon gas vent pipe shall terminate above the roof or shall be connected to a single vent pipe that terminates above the roof.

Subp. 6. Power source.

A power source consisting of an electrical circuit terminating in an approved electrical box shall be installed during construction in the anticipated location of the vent pipe fan to allow for the future installation of a fan into a passive radon control system to make the system an active radon control system. The power source shall not be installed in any conditioned space, basement, or crawl space.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1303.2403 Requirements for Active Radon Control Systems

When an active radon control system is installed, all the requirements for the passive radon control system in parts 1303.2400 to 1303.2402 shall be met. In addition, an active radon control system shall incorporate items A to C in this part.

A. Radon gas vent pipe fan. A radon gas vent pipe fan manufactured for radon control systems and rated for continuous operation that provides a minimum measurement of 50 cubic feet per minute at 1/2-inch water column shall be installed in the vertical vent pipe. The fan shall be attached to a radon gas vent pipe that connects the air below the soil-gas membrane with outdoor air and relies on the fan to provide upward air flow in the vent pipe. The radon gas vent pipe fan shall be installed outdoors, in attics, or in garages. The radon gas vent pipe fan shall not be installed in conditioned spaces of a building, basement, or crawl space. The radon gas vent pipe fan shall not be located where it positively pressurizes any portion of the vent pipe that is located inside conditioned space.

B. System monitoring device. An audible alarm, a manometer, or other similar device shall be installed to indicate when the fan is not operating.

C. Luminaire and receptacle outlet. A switch-controlled luminaire and the receptacle outlet near the fan shall be installed according to the Minnesota Electrical Code. The requirements of the International Mechanical Code, section 306, do not apply.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Chapter 1305 ADOPTION OF INTERNATIONAL BUILDING CODE

Minn. R. 1305.0010 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.0011 Adoption of International Building Code by Reference and Administrative Authority

Subpart 1. General.

For purposes of this chapter, "IBC" means the 2018 edition of the International Building Code as promulgated by the International Code Council, Inc. (ICC), Washington, D.C. The IBC is incorporated by reference and made part of the Minnesota State Building Code except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended in this chapter. Portions of this chapter reproduce excerpts from the 2018 IBC, International Code Council, Inc., Washington, D.C., copyright 2017, reproduced with permission, all rights reserved. The IBC is not subject to frequent change and a copy of the IBC, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

Subp. 1a. Deleted appendices.

All of the IBC appendices are deleted.

Subp. 2. Mandatory chapters.

IBC chapters 2 through 35 must be administered by any municipality that has adopted the Minnesota State Building Code, except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended by this chapter. Amendments to IBC chapter 11 are incorporated by reference in this chapter, but the actual amendments for IBC chapter 11 are located in Minnesota Rules, chapter 1341, the Minnesota Accessibility Code. Referenced documents cited in IBC chapter 11, and Minnesota Rules, chapter 1341, apply, unless otherwise stated or deleted. For the complete application and mandatory requirements relating to IBC chapter 11, see Minnesota Rules, chapter 1341.

Subp. 3.

[Repealed, 44 SR 609]

Subp. 4. Seismic or earthquake provisions.

Any seismic or earthquake provisions of the IBC and any references to them are deleted and are not included in this code.

Subp. 5. Flood hazard or floodproofing provisions.

Any flood hazard or floodproofing provisions in the IBC, and any reference to those provisions, are deleted in their entirety. Requirements for floodproofing are located in Minnesota Rules, chapter 1335, Floodproofing Regulations.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0020 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.0021 References to Other International Code Council Codes

Subpart 1. General.

References to other codes and standards promulgated by the International Code Council in the IBC are modified in subparts 2 to 12.

Subp. 2. Building code.

References to the International Building Code or IBC in this code mean the Minnesota Building Code, adopted pursuant to this chapter and Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 3. Residential code.

References to the International Residential Code or IRC in this code mean the Minnesota Residential Code, Minnesota Rules, chapter 1309, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 4. Electrical code.

References to the International Code Council Electrical Code in this code mean the Minnesota Electrical Code, Minnesota Rules, chapter 1315, and adopted pursuant to Minnesota Statutes, section 326B.35.

Subp. 5. Fuel gas code.

References to the International Fuel Gas Code in this code mean the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 6. Mechanical code.

References to the International Mechanical Code or IMC in this code mean the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 7. Plumbing code.

References to the International Plumbing Code in this code mean the Minnesota Plumbing Code, Minnesota Rules, chapter 4714, and adopted pursuant to Minnesota Statutes, section 326B.435.

Subp. 8. Private sewage disposal code.

References to the International Private Sewage Disposal Code in this code mean the Minnesota Pollution Control Agency's minimum standards and criteria for individual sewage treatment systems, Minnesota Rules, chapters 7080, 7081, 7082, and 7083, and adopted pursuant to Minnesota Statutes, chapters 103F, 103G, 115, and 116.

Subp. 9. Energy conservation code.

References to the International Energy Conservation Code in this code mean the Minnesota Energy Code, Minnesota Rules, chapters 1322 and 1323, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 10. Property maintenance code.

References to the International Property Maintenance Code in this code do not apply.

Subp. 11. Fire code.

References to the International Fire Code or IFC in this code mean the Minnesota State Fire Code, Minnesota Rules, chapter 7511, and adopted pursuant to Minnesota Statutes, section 326B.02.

Subp. 12. International Existing Building Code.

References to the International Existing Building Code or IEBC in this code mean Minnesota Conservation Code for Existing Buildings, Minnesota Rules, chapter 1311, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: art 5 s 32; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 40 SR 71; 44 SR 609

Minn. R. 1305.0030 Administrative Procedure Criteria

Procedures relating to the administration and enforcement of this code under Minnesota Statutes, section 326B.101, are contained in Minnesota Rules, chapter 1300, Minnesota Administration Code, which governs the application of this code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 1605

Minn. R. 1305.0040 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.0100 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0101 Chapter 1, Administration

IBC chapter 1 is deleted and replaced with the following:

CHAPTER 1

ADMINISTRATION

This code shall be administered in accordance with Minnesota Rules, chapter 1300.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4

201.4 Terms not defined. Where terms are not defined through the methods authorized by this code, the Merriam-Webster Collegiate Dictionary, available at www.merriam-webster.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4; 44 SR 609

Minn. R. 1305.0202 Section 202, Definitions

Subpart 1. Amended definitions.

IBC section 202 is modified by amending the following definitions to read as follows:

AGRICULTURAL BUILDING. "Agricultural building" means a building that meets the requirements of Minnesota Statutes, section 326B.103, subdivision 3.

AISLE. "Aisle" means that portion of an exit access that connects an aisle accessway to an exit access doorway, corridor, or exit.

ALTERNATING TREAD DEVICE. "Alternating tread device" means a device standing between 50 and 70 degrees (0.87 and 1.22 rad) from horizontal, that has a series of steps usually attached to a center support in an alternating manner so that the user does not have both feet on the same level at the same time. A ships ladder in compliance with Minnesota Rules, part 1346.0306, subpart 1, shall be considered equivalent to an alternating tread device.

AMBULATORY CARE FACILITY. "Ambulatory care facility" means buildings or portions of buildings used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation by the services provided. For the purposes of this code, federally certified end-stage renal disease facilities (kidney dialysis facilities) located on the level of exit discharge shall not be considered ambulatory care facilities.

APPROVED. "Approved" means approval by the building official, pursuant to the Minnesota State Building Code, by reason of: inspection, investigation, or testing; accepted principles; computer simulations; research reports; or testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

CORRIDOR. "Corridor" means an interior passageway having a length at least 3 times its width, having walls, partitions, or other obstructions to exit travel over 6 feet (1829 mm) in height on 2 opposing sides and having openings from rooms or similar spaces.

HISTORIC BUILDING. "Historic building" has the meaning given for "historical building" in Minnesota Rules, part 1300.0070, subpart 12a.

LIVE/WORK UNIT. The definition of "Live/Work Unit" in IBC section 202 is deleted in its entirety.

OUTPATIENT CLINIC. "Outpatient clinic" means a building or part of a building used to provide medical care on a less than 24-hour basis to persons who are not rendered incapable of self-preservation by the services provided, including federally certified endstage renal dialysis facilities (kidney dialysis facilities) not classified as an ambulatory care facility.

ROOF COVERING. "Roof covering" means the covering applied to the roof deck for weather resistance, fire classification, or appearance. Roof covering materials consist of two basic types: roofing systems and prepared materials.

STANDPIPE SYSTEM, CLASSES OF. "Classes of standpipe system" mean the following:

"Class I system" means a system providing 2-½ inch (64 mm) and 1-½ inch (38 mm) hose connections to supply water for use by fire departments and those trained in handling heavy fire streams.

"Class II system" means a system providing 1-½ inch (38 mm) hose stations to supply water for use primarily by the building occupants or by the fire department during initial response.

Subp. 2. Added definitions.

The definition of "townhouse" in IBC section 202 is deleted in its entirety. IBC section 202 is modified by adding the following definitions:

ADULT DAY CARE CENTER OR ADULT DAY SERVICES CENTER. "Adult day care center" or "adult day services center" means a facility, licensed by the Department of Human Services under Minnesota Rules, parts 9555.9600 to 9555.9730, that provides a program of adult day care services to functionally impaired adults for periods of less than 24 hours per day in a setting other than a participant's home or the residence of the facility's operator.

CODE. "The code" or "this code" means Minnesota Rules, chapter 1305, Adoption of the International Building Code.

GENERAL EVACUATION SIGNAL. "General evacuation signal" means a fire alarm occupant notification system in accordance with section 907.5.

GUEST ROOM. "Guest room" means a room or group of rooms used or intended to be used for purposes of lodging by guests.

ROOM. "Room" means a space or area bounded by any obstruction over 6 feet (1829 mm) in height which at any time encloses more than 80 percent of the perimeter of the area. In computing the unobstructed perimeter, openings less than 3 feet (914 mm) in clear width and less than 6 feet 8 inches (2032 mm) in height shall not be considered. Aisles and corridors shall not be construed to form rooms.

SMALL HOSE CONNECTION. "Small hose connection" means a 1 1/2-inch connection supplied inside of a building for firefighting overhaul operations in sprinkler-protected structures.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0300 [Repealed, 15 SR 74]

[Repealed, 15 SR 74]

Minn. R. 1305.0301 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.0302 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0305 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.0308 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0310 Section 310, Residential Group R

IBC section 310 and its subsections are amended to read as follows:

310.1 Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I. This group shall not include buildings regulated by Minnesota Rules, chapter 1309, the Minnesota Residential Code.

Exception: Group R-3 and R-4 occupancies located in a one- or two-family dwelling or a townhouse and classified as a "dwelling unit" in Table 302.2: (1) shall be constructed in accordance with either this code or Minnesota Rules, chapter 1309, the Minnesota Residential Code; and (2) shall be equipped with an automatic sprinkler system when required by Section 903.2.8.

Residential occupancies shall be classified according to subsections 310.2 to 310.5.

310.2 Residential Group R-1. R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses (transient) with more than ten occupants

Congregate living facilities (transient) with more than ten occupants

Hotels (transient)

Lodging houses with six or more guest rooms or more than ten occupants

Motels (transient)

310.3 Residential Group R-2. R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Apartment houses

Congregate living facilities (nontransient) with more than 16 occupants

Boarding houses

Convents

Dormitories

Fraternities and sororities

Monasteries

Hotels (nontransient)

Motels (nontransient)

Vacation time-share properties

310.4 Residential Group R-3. R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4, or I including:

Assisted living

Boarding care homes

Buildings that do not contain more than two dwelling units

Care facilities that provide accommodations for five or fewer persons receiving care

Congregate living facilities (nontransient) with 16 or fewer occupants

Boarding houses (nontransient)

Dormitories

Fraternities and sororities

Convents

Monasteries

Congregate living facilities (transient) with ten or fewer occupants

Boarding houses (transient)

Dwelling units (two or fewer) in mixed occupancy buildings

Family adult foster homes

Foster care

Housing with services establishment

Lodging houses (transient) with five or fewer guest rooms and ten or fewer occupants

Residential hospice with five or fewer occupants

310.4.1 Care facilities within a dwelling. Section 310.4.1 is deleted in its entirety.

(Subsection 310.4.2 remains unchanged.)

310.5 Residential Group R-4. This occupancy shall include buildings, structures, or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. This group shall include the following:

Alcohol and drug centers

Assisted living

Boarding care homes

Congregate care facilities

Group homes

Halfway houses

Housing with services establishment (including those that provide assisted living services)

Residential board and care facilities

Residential hospice with 12 or fewer occupants

Social rehabilitation facilities

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code.

Occupancy conditions. Buildings of Group R-4 shall be classified as either condition 1 under section 310.5.1 or condition 2 under section 310.5.2.

(Sections 310.5.1 and 310.5.2 remain unchanged.)

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 20 SR 2290(NO. 43); 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0400 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0402 Section 402, Covered Mall and Open Mall Buildings

Subpart 1.

[Repealed, 44 SR 609]

Subp. 2.

[Repealed, 32 SR 7]

Subp. 3. IBC section 402.7.2.

IBC section 402.7.2 is amended to read as follows:

402.7.2 Smoke control. Where a covered mall building contains an atrium, a smoke control system shall be provided in accordance with Section 404.5.

Exception: Smoke control is not required in covered mall buildings where an atrium connects only two stories.

Covered mall buildings exceeding 50,000 square feet (4645 m2) in floor area, excluding anchor buildings, not provided with an approved smoke control system, shall be provided with a post-fire smoke exhaust system in accordance with Minnesota Rules, part 1305.0919.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0403 Section 403, High-Rise Buildings

Subpart 1. IBC section 403.2.1.2.

IBC section 403.2.1.2 is deleted in its entirety.

Subp. 2.

[Repealed, 39 SR 1605]

Subp. 3. IBC section 403.4.8.3.

IBC section 403.4.8.3 is amended to read as follows:

403.4.8.3 Standby power loads. The following are classified as standby power loads:

power and lighting for the fire command center required by Section 403.4.6;
ventilation and automatic fire detection equipment for smokeproof enclosures; and
passenger elevators serving occupied floors more than 75 feet (22, 860 mm) above the lowest level of fire department vehicle access.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0404 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.0405 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.0406 Section 406, Motor Vehicle-Related Occupancies

Subpart 1. IBC section 406.2.4.

IBC section 406.2.4 is amended by adding a new exception to read as follows:

Unoccupied portions of nonpublic parking garages shall not be required to be nonabsorbent.

Subp. 2. IBC section 406.5.7.

IBC Section 406.5.7 is amended to read as follows:

406.5.7 Means of egress. Where persons other than parking attendants are permitted, open parking garages shall meet the means of egress requirements of Chapter 10. Where no persons other than parking attendants are permitted, there shall not be less than two 36-inch wide (914 mm) exit stairways.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0407 Section 407, Group I-2

Subpart 1. IBC section 407.2.1.

IBC section 407.2.1 is amended to read as follows:

407.2.1 Spaces open to the corridor. Spaces constructed as required for corridors shall be permitted to be open to a corridor, only when all the following criteria are met:

the spaces are not occupied as care recipient sleeping rooms, treatment rooms, or incidental uses in accordance with Section 509 or hazardous uses;
the open space is protected by an automatic smoke detection system installed in accordance with Section 907;
the corridors onto which the spaces open, in the same smoke compartment, are protected by an automatic smoke detection system installed in accordance with Section 907, or the smoke compartment in which the spaces are located is equipped throughout with quick response sprinklers in accordance with Section 903.3.2; and
the space is arranged so as not to obstruct access to the required exits.

Subp. 2. IBC section 407.4.4.5.1.

IBC section 407.4.4.5.1 is amended to read as follows:

407.4.4.5.1 Area. Care suites containing sleeping rooms shall be not greater than 7,500 square feet (696 m2) in area.

Exception: Care suites containing sleeping rooms shall be permitted to be not greater than 10,000 square feet (929 m2) in area where both of the following criteria are met:

an automatic smoke detection system is provided throughout the care suite and is installed in accordance with NFPA 72; and
the arrangement of sleeping rooms within the care suite allows for continuous visual supervision by care providers. Glass walls and cubical curtains shall be permitted for visual supervision.

Subp. 3. IBC section 407.4.4.5.2.

IBC section 407.4.4.5.2 is amended to read as follows:

407.4.4.5.2 Exit access. Any sleeping room, or any care suite that contains sleeping rooms, of more than 1,000 square feet (929 m2) shall have not fewer than two exit access doors from the care suite located in accordance with Section 1007.

407.4.4.5.2.1 Two means of egress. For suites requiring two means of egress, one means of egress from the suite shall be directly into a corridor or exit.

407.4.4.5.2.2 Travel distance. Travel distance within a sleeping suite to an exit access door shall not exceed 100 feet. Travel distance within a sleeping suite to an exit shall not exceed 200 feet.

Subp. 4. IBC section 407.4.4.6.1.

IBC section 407.4.4.6.1 is amended to read as follows:

407.4.4.6.1 Area. Care suites of rooms, other than sleeping rooms, shall have an area not greater than 10,000 square feet.

Subp. 5. IBC section 407.4.4.6.2.

IBC section 407.4.4.6.2 is amended to read as follows:

407.4.4.6.2 Exit access. Care suites, other than sleeping rooms, with an area of more than 2,500 square feet (232 m2) shall have not fewer than two exit access doors from the care suite located in accordance with Section 1007. At least one exit access shall be directly to a corridor or exit.

407.4.4.6.2.1 Travel distance. Travel distance within a non-sleeping suite to an exit access door shall not exceed 100 feet. Travel distance shall not exceed 200 feet from any point in a non-sleeping suite to an exit.

Subp. 6. IBC section 407.5.1.

IBC section 407.5.1 is amended by deleting both exceptions.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0408 Section 408, Group I-3

Subpart 1.

[Repealed, 39 SR 1605]

Subp. 2. IBC section 408.7.

IBC section 408 is amended to read as follows:

408.7 Security Glazing. In Group I-3 occupancies, windows and doors in 1-hour fire barriers constructed in accordance with section 707; 2-hour fire barriers constructed in accordance with Section 707 used for horizontal exits; fire partitions constructed in accordance with Section 708; and smoke barriers constructed in accordance with Section 709 shall be permitted to have security glazing installed provided that the following conditions are met:

Individual panels of glazing in door assemblies shall not exceed 1296 square inches (0.84 m2).
The glazing shall be protected on both sides by an automatic sprinkler system. The sprinkler system shall be designed to, when actuated, wet completely the entire surface of any glazing affected by fire.

Exception: Fire partitions or smoke barriers with 1/4-inch (6.4 mm) wire glass in a security glazing assembly.

The glazing shall be in a gasketed frame and installed in such a manner that the framing system will deflect without breaking (loading) the glass before the sprinkler system operates.
Obstructions such as curtain rods, drapery traverse rods, curtains, drapes, or similar materials shall not be installed between the automatic sprinklers and the glazing.
Security glazing in fire partitions, 1-hour fire barriers enclosing fire command centers, and smoke barriers, shall not be limited to 25 percent of the area of the common wall with any room.

Subp. 3. IBC section 408.9.

IBC section 408.9 is amended to read as follows:

408.9 Windowless buildings. For the purposes of this section, a windowless building or portion of a windowless building is one with non-openable or readily breakable windows or with skylights or exterior doors provided in all resident areas of the exit access with an occupant load greater than 50. Windowless buildings shall be provided with an engineered smoke control system to provide a tenable environment for exiting from the smoke compartment in the area of fire origin in accordance with Section 909 for each windowless smoke compartment.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0410 Section 410, Stages, Platforms and Technical Production Areas

IBC section 410.7 is amended to read as follows:

410.7 Standpipes. Standpipes are not required.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0413 Section 413, Combustible Storage

IBC section 413 is amended by adding a subsection to read as follows:

413.3 Fire protection of floors. In addition to the requirements of this section, the fire protection of floors in Groups I-1, R-1, R-2, R-3, and R-4 occupancies shall comply with the requirements of Section 420.12.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0414 Section 414, Hazardous Materials

Subpart 1. Section 414.2.4.

IBC section 414.2.4 is amended to read as follows:

414.2.4 Fire-resistance-rating requirements. The required fire-resistance rating for fire barrier assemblies shall be in accordance with Table 414.2.2.

Subp. 2. Section 414.2.6.

IBC section 414.2 is amended by adding a subsection to read as follows:

414.2.6 Hazardous materials above the third floor in laboratories in Group B, E, and I-2 occupancies. Control areas containing laboratories located above the third floor in Group B, E, or I-2 occupancies may be exempt from the provisions in Sections 414.2.1 through 414.2.4 if all of the following conditions are met:

Buildings containing the laboratories are equipped throughout with automatic sprinkler protection installed in accordance with Section 903.3.1.1;
Control areas containing laboratories located above the third floor are separated from each other and other portions of the building by a fire barrier having a fire-resistance rating of not less than two hours;
The maximum amount of hazardous materials in storage and in use in control areas containing laboratories does not exceed ten percent of the maximum allowable quantities listed in Tables 307.1(1) and 307.1(2) with all increases allowed in the footnotes of those tables; and
The maximum number of control areas containing laboratories shall not exceed 5 per floor.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1305.0419 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605

Minn. R. 1305.0420 SECTION 420, GROUPS I-1, R-1, R-2, R-3 and R-4

Subpart 1. IBC section 420.1.

IBC section 420.1 is amended to read as follows:

420.1 General. Occupancies in Groups I-1, R-1, R-2, R-3, and R-4 shall comply with the provisions of Sections 420.1 through 420.12 and other applicable provisions of this code.

Subp. 1a. IBC section 420.7.

IBC section 420.7 is amended to read as follows:

420.7 Group I-1 assisted living housing units. In Group I-1 occupancies, where a fire-resistance rated corridor is provided in areas where assisted living residents are housed, shared living spaces, group meeting spaces, and multipurpose therapeutic spaces open to the corridor shall be in accordance with all of the following criteria:

The walls and ceilings of the space are constructed as required for corridors.
The spaces are not occupied as resident sleeping rooms, treatment rooms, incidental uses in accordance with Section 509, or hazardous uses.
The open space is protected by an automatic smoke detection system installed in accordance with Section 907.
In Group I-1, Condition 1, the corridors onto which the spaces open are protected by an automatic smoke detection system installed in accordance with Section 907, or the spaces are equipped throughout with quick-response sprinklers in accordance with Section 903.3.2.
In Group I-1, Condition 2, the corridors onto which the spaces open, in the same smoke compartment, are protected by an automatic smoke detection system installed in accordance with Section 907, or the smoke compartment in which the spaces are located is equipped throughout with quick-response sprinklers in accordance with Section 903.3.2.
The space is arranged so as not to obstruct access to the required exits.

Subp. 1b. IBC section 420.10.

IBC section 420.10 is amended to read as follows:

420.10 Group R-2 congregate living cooking facilities. Domestic cooking appliances for use by residents of Group R-2 congregate living facilities shall be in accordance with Sections 420.10.1 and 420.10.2.

420.10.1 Cooking appliances. Where located in Group R-2 congregate living facilities, installed domestic cooking appliances for use by residents shall be in compliance with all of the following:

the types of domestic cooking appliances shall be limited to ovens, cooktops, ranges, warmers, coffee makers, and microwaves;
domestic cooking appliances shall be limited to approved locations;
cooktops and ranges shall be protected in accordance with Section 904.13; and
cooktops and ranges shall be provided with a domestic cooking hood installed and constructed in accordance with IMC Section 505.

420.10.2 Cooking appliances in sleeping rooms. Cooktops, ranges, and ovens shall not be installed or used in sleeping rooms.

Subp. 2. IBC section 420.

IBC section 420 is amended by adding two subsections to read as follows:

420.11 Group R-3 and R-4 durability. Group R-3 and R-4 occupancies shall meet the requirements for building durability of Minnesota Rules, chapter 1309, the Minnesota Residential Code, parts 1309.0402; 1309.0406, subpart 2; 1309.0702, subpart 2; 1309.0703, subpart 2a; 1309.0703, subpart 9; and 1309.0903.

420.12 Fire protection of floors. Floor assemblies, not required elsewhere in this code to be fire-resistance rated, shall be provided with 1/2-inch (12.7 mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member.

Exceptions:

Floor assemblies located directly over a space protected by an automatic sprinkler system in accordance with NFPA 13D, or other approved equivalent sprinkler system.
Floor assemblies located directly over a crawl space not intended for storage or fuel-fired appliances.
Portions of the floor assemblies in Group R-3 can be unprotected when complying with the following:

a. the aggregate area of the unprotected portions shall not exceed 80 square feet per story; and

b. fire blocking in accordance with Section 717.2 shall be installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder of the floor assembly.

Wood floor assemblies in Group R-3 occupancies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0421 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.0423 Section 423, Storm Shelters

Subpart 1. IBC section 423.3.

IBC section 423.3 is amended as follows:

423.3 Critical emergency operations. 911 call stations, emergency operation centers, and fire, rescue, ambulance, and police stations shall comply with Sections 423.3.1 and 423.3.2 if located in any of the following counties: Anoka, Benton, Blue Earth, Brown, Carver, Chippewa, Chisago, Cottonwood, Dakota, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Hennepin, Houston, Isanti, Jackson, Kandiyohi, Lac qui Parle, LeSueur, Lincoln, Lyon, Martin, McLeod, Meeker, Mower, Murray, Nicollet, Nobles, Olmsted, Pipestone, Ramsey, Redwood, Renville, Rice, Rock, Scott, Sherburne, Sibley, Steele, Stearns, Swift, Wabasha, Waseca, Washington, Watonwan, Winona, Wright, or Yellow Medicine.

423.3.1. 911 call stations, emergency operation centers, and fire, rescue, ambulance, and police stations shall comply with Table 1604.5 as a Risk Category IV structure.

423.3.2. 911 call stations, emergency operation centers, and fire, rescue, ambulance, and police stations shall be provided with a storm shelter constructed in accordance with ICC 500.

Subp. 2. IBC section 423.4.

IBC section 423.4 is amended as follows:

423.4 Group E occupancies. All Group E occupancies with an occupant load of 50 or more shall have a storm shelter constructed in accordance with ICC 500 in the following counties: Anoka, Benton, Blue Earth, Brown, Carver, Chippewa, Chisago, Cottonwood, Dakota, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Hennepin, Houston, Isanti, Jackson, Kandiyohi, Lac qui Parle, LeSueur, Lincoln, Lyon, Martin, McLeod, Meeker, Mower, Murray, Nicollet, Nobles, Olmsted, Pipestone, Ramsey, Redwood, Renville, Rice, Rock, Scott, Sherburne, Sibley, Steele, Stearns, Swift, Wabasha, Waseca, Washington, Watonwan, Winona, Wright, and Yellow Medicine.

Exceptions:

Group E day care facilities.
Group E occupancies accessory to places of religious worship.
Buildings meeting the requirements for shelter design in ICC 500.

(IBC sections 423.4.1 and 423.4.2 remain unchanged.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0425 [Renumbered 1305.0429]

[Renumbered 1305.0429]

Minn. R. 1305.0429 Section 429, Group E Occupancies

IBC chapter 4 is amended by adding a section and subsections to read as follows:

SECTION 429

GROUP E OCCUPANCIES

429.1 Applicability. This section applies to Group E school buildings containing uses described in this section. School buildings shall comply with this section and all other applicable provisions of this code, as provided by Minnesota Statutes, section 123B.51, subdivision 7.

429.2 Use of school buildings by lower grades. In addition to the occupancy and construction requirements in this code, this section applies to those special uses and occupancies described in this section.

429.2.1 School buildings equipped with approved automatic fire sprinkler and fire alarm systems. Rooms used by preschool, kindergarten, and first and second grade students for classrooms, latchkey, day care, early childhood family education, teen parent, or other programs conducted in the building may be located on any floor level below the fourth story if the following conditions exist:

the building is protected throughout with an approved automatic fire sprinkler system; and
the building is protected throughout with an approved automatic fire alarm system having automatic smoke detection devices installed throughout the exit system within every room or area used for purposes other than a classroom or office.

429.2.2 School buildings equipped with either an approved automatic fire sprinkler system or a fire alarm system. Rooms shall be located on the story of exit discharge when used for the purposes of classroom, latchkey, day care, early childhood education, teen parent, or other programs conducted in the building by preschool, kindergarten, or first grade students. Rooms shall be located on the story of exit discharge or one story above when used for any purpose by second grade students.

Rooms occupied by preschool, kindergarten, first, or second grade students, when used for the programs described in this section, may be located on floor levels other than those designated above if one of the following conditions is met:

an approved automatic fire sprinkler system is provided throughout the building and the use of the affected room or space is limited to one grade level at a time and exiting is provided from the room or space that is independent from the exiting system used by students above second grade; or
an approved automatic fire alarm system is installed throughout the building consisting of automatic smoke detection installed throughout the exit system and within all rooms and areas other than classroom and office areas, and the use of the affected room or space is limited to one grade level at a time, and exiting is provided from the room or space that is independent from the exiting system used by students above second grade.

For the purposes of this section, pupils from the second grade down are considered one grade level.

429.2.3 Accessory spaces. Accessory spaces, including spaces used for gymnasiums, cafeterias, media centers, auditoriums, libraries, and band and choir rooms, used on a temporary basis by preschool, kindergarten, first, and second grade students are permitted to be located one level above or one level below the story of exit discharge, if the building is protected throughout by an approved automatic sprinkler system or an approved corridor smoke detection system.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0500 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0501 Section 501, General

IBC section 501.1 is amended to read as follows:

501.1 Scope. The provisions of this chapter control the height and area of structures hereafter erected and additions to existing structures. An existing building plus additions shall comply with the height and area provisions of this chapter.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1305.0503 Section 503, General Height and Building Area Limitations

IBC section 503.1.4.1 is modified to read as follows:

503.1.4.1 Enclosures over occupied roof areas. Elements or structures enclosing the occupied roof areas shall not extend more than 48 inches (1220 mm) above the surface of the occupied roof.

Exceptions:

Penthouses constructed in accordance with Section 1510.2.
Towers, domes, spires, and cupolas constructed in accordance with Section 1510.5.
Where the occupied roof is considered a story and complies with the requirements of Sections 504 and 506.
Enclosing walls shall not be limited in height where the occupied roof has access to a standpipe.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0504 Section 504, Building Height and Number of Stories

Subpart 1. IBC Table 504.3.

IBC Table 504.3 is amended as follows:

Footnote "d" is deleted from the "See Footnotes" column for all "Occupancy Classification" rows. Footnote "d" is amended to read as follows:

d. Not used.

Subp. 2. IBC Table 504.4.

IBC Table 504.4 is amended as follows:

Footnote "d" is deleted from the "See Footnotes" column for all "Occupancy Classification" rows. Footnote "d" is amended to read as follows:

d. Not used.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0506 Section 506, Building Area

IBC Table 506.2. IBC Table 506.2 is amended to read as follows:

Footnote "d" is deleted from the "See Footnotes" column for all "Occupancy Classification" rows. Footnote "d" is amended to read as follows:

d. Not used.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0507 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

Minn. R. 1305.0508 Mixed Use and Occupancy

IBC section 508.1 is amended by deleting exception 3.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605

Minn. R. 1305.0509 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

Minn. R. 1305.0600 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0603 Section 603, Combustible Materials in Type I and Type Ii Construction

IBC section 603.1 is amended by adding an item to the numerical list as follows:

When not exceeding 48 inches above the roof deck, wood is permitted to be used in roof construction for equipment support, building or roof system joints, skylight or mechanical equipment, curbs, cants, blocking and backing, and for parapet or roof edge construction.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0700 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0704 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

Minn. R. 1305.0707 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0709 Section 709, Smoke Barriers

Subpart 1. IBC section 709.1.

IBC section 709.1 is amended to read as follows:

709.1 General. Vertical and horizontal smoke barriers shall comply with this section. Smoke barrier openings shall comply with Section 909.5.3.

Subp. 2. IBC section 709.5.

IBC section 709.5 is amended by adding a new exception to read as follows:

Doors located in smoke barriers in I-3 occupancies.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0714 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0716 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.0717 Section 717, Ducts and Air Transfer Openings

Subpart 1. IBC section 717.5.3.

IBC section 717.5.3 is amended by adding exception 6 as follows:

Fire dampers, smoke dampers, and combination fire/smoke dampers are not required in laboratory hood exhaust duct penetrations of shaft enclosures where laboratory ventilation systems are installed in accordance with Chapters 1 to 4, 7, and 8 of NFPA 45.

Subp. 2. IBC section 717.6.1.

IBC section 717.6.1 is amended to read as follows:

717.6.1 Through penetrations. In occupancies other than Groups I-2 and I-3, a duct constructed of approved materials in accordance with the International Mechanical Code that penetrates a fire-resistance-rated floor or floor/ceiling assembly that connects not more than two stories is permitted without shaft enclosure protection, provided a listed fire damper is installed at the floor line or the duct is protected in accordance with Section 714.5. For air transfer openings, see Section 712.1.9.

Exceptions:

A duct is permitted to penetrate three floors or less without a fire damper at each floor, provided the duct complies with paragraphs a through e:

a. The duct shall comply with either item (i) or (ii):

i. the duct shall be contained and located within the cavity of a wall above and below the horizontal assembly, the duct shall be constructed of steel having a minimum wall thickness of 0.0187 inches (0.4712 mm) (No. 26 gage), and the annular space around the duct shall be protected with an approved noncombustible material that resists the passage of flame and products of combustion; or

ii. the annular space around the duct shall be protected by an approved through-penetration firestop system that: (1) is installed and tested in accordance with ASTM E 814 or UL 1479; and (2) has an F rating and T rating equivalent to the required rating of the horizontal assembly being penetrated.

b. The duct shall open into only one dwelling or sleeping unit and the duct system shall be continuous from the unit to the exterior of the building.

c. The duct shall not exceed 4-inch (102 mm) nominal diameter and the total area of such ducts shall not exceed 100 square inches (0.065 m2) in any 100 square feet (9.3 m2) of floor area.

d. The annular space around the duct is protected with materials that prevent the passage of flame and hot gases sufficient to ignite cotton waste where subjected to ASTM E 119 or UL 263 time temperature conditions under a minimum positive pressure differential of 0.01 inch (2.49 Pa) of water at the location of the penetration for the time period equivalent to the fire-resistance rating of the construction penetrated.

e. Grille openings located in a ceiling of a fire-resistance-rated floor/ceiling or roof/ceiling assembly shall be protected with a listed ceiling radiation damper installed in accordance with Section 717.6.2.1.

In Groups I-2 and I-3 occupancies, a duct constructed of approved materials in accordance with the International Mechanical Code that penetrates a fire-resistance-rated floor or floor/ceiling assembly that connects not more than two stories is permitted without a shaft enclosure protection, provided a listed smoke/fire damper is installed at the floor line.

Subp. 3. IBC section 717.6.3.

IBC section 717.6.3 is amended to read as follows:

717.6.3 Non-fire-resistance-rated floor assemblies. Duct systems constructed of approved materials in accordance with the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, that penetrate non-fire-resistance-rated floor assemblies shall be protected by any of the following methods:

A shaft enclosure in accordance with Section 713.
The duct connects not more than two stories, and the annular space around the penetrating duct is protected with an approved non-combustible material that resists the free passage of flame and the products of combustion.
The duct connects not more than three stories, the annular space around the penetrating duct is protected with an approved non-combustible material that resists the free passage of flame and the products of combustion, and a fire damper is installed at each floor line.

Exception to item 3: Fire dampers are not required in ducts within individual residential dwelling units.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.0800 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0803 Section 803, Wall and Ceiling Finishes

IBC section 803.3 is amended to read as follows:

803.3 Heavy timber exemption. Exposed portions of building elements complying with the requirements for buildings of heavy timber construction in Section 602.4 or 2304.11 shall not be subject to interior finish requirements.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0806 Section 806, Decorative Materials and Trim

IBC section 806.2 is amended and a subsection is added to read as follows:

806.2 Combustible decorative materials. In Groups A, B, E, I, M, and R-1 and in dormitories in Group R-2, curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall comply with Section 806.4 and shall not exceed 20 percent of the specific wall or ceiling area to which such materials are attached.

Exceptions:

In auditoriums in Group A, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall not exceed 75 percent of the aggregate wall area where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, and where the material is installed in accordance with Section 803.15.
In existing Group A occupancies, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative material suspended from walls or ceilings shall not be limited where such materials comply with Section 806.4.
In Group R-2 dormitories, within sleeping units and dwelling units, the permissible amount of curtains, draperies, fabric hangings, and similar decorative materials suspended from walls or ceilings shall not exceed 50 percent of the aggregate wall areas where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.
In Group A, E, B, and M occupancies, the amount of combustible fabric partitions suspended from the ceiling and not supported by the floor shall comply with Section 806.4 and shall not be limited.
The 20 percent limit shall not apply to curtains, draperies, fabric hangings, and similar combustible decorative materials used as window coverings.

806.2.1 Fixed or movable walls and partitions, paneling, wall pads, and crash pads. Fixed or movable walls and partitions, paneling, wall pads, and crash pads applied structurally or for decoration, acoustical correction, surface insulation, or other purposes covering more than ten percent of the wall or ceiling area shall be considered to be interior finish, shall comply with Section 803, and shall not be considered to be decorative materials or furnishings.

Exception: In existing buildings, fixed or movable walls and partitions, paneling, wall pads, and crash pads applied structurally or for decoration, acoustical correction, surface insulation, or other purposes shall not be considered interior finish unless covering more than 20 percent of the wall or ceiling area, provided the room or area is protected with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0900 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.0901 Section 901, General

IBC section 901.6.3 is amended by deleting the section in its entirety.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0903 Section 903, Automatic Sprinkler Systems

Subpart 1.

[Repealed, 32 SR 7]

Subpart 1.

[Repealed, 39 SR 1605]

Subp. 1a. IBC [F] section 903.2.3.

IBC [F] section 903.2.3 is amended to read as follows:

903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

Throughout all Group E fire areas greater than 12,000 square feet (1115 m2) in area.
Whenever the Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at a level of exit discharge, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

Whenever the Group E fire area has an occupant load of 300 or more.

Subp. 1b. IBC [F] section 903.2.8.

IBC [F] section 903.2.8 and its subsections are amended to read as follows:

903.2.8 Group R. An automatic sprinkler system shall be installed throughout all buildings with a Group R fire area in accordance with Section 903.3.

Exceptions:

A Group R-1, R-2, or combined R-1 and R-2 building where less than 4,500 square feet of the building area consists of R-1 fire area, R-2 fire area, or a combination of R-1 and R-2 fire areas.
A Group R-3 dwelling unit with less than 4,500 square feet of building area, excluding garages, unless the Group R-3 dwelling unit contains a state licensed care facility that is required to be provided with an automatic sprinkler system as a condition of the license.
An automatic fire sprinkler system shall not be required if additions or alterations are made to existing Group R-3 or R-4 buildings or a portion thereof that do not have an automatic sprinkler system installed, unless required by a Minnesota license.
Group R-1 multiunit resort buildings, as defined in Minnesota Statutes, section 157.15, and licensed by the Department of Health, with less than 9,250 square feet of building area.

903.2.8.1 Group R-3. Where required by Section 903.2.8, Group R-3 occupancies shall be provided with an automatic sprinkler system that complies with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

903.2.8.2 Group R-4. Where required by Section 903.2.8, Group R-4 occupancies shall be provided with an automatic sprinkler system that complies with Section 903.3.1.1 or 903.3.1.2.

Exception: Group R-4, Condition 1 occupancies equipped with an automatic sprinkler system that complies with Section 903.3.1.3.

903.2.8.3 State licensed facilities. Group R-3 or R-4 occupancies containing facilities licensed by the state of Minnesota shall be provided with an automatic sprinkler system as required by applicable licensing provisions or this section, whichever is more restrictive.

903.2.8.4 Residential hospice facilities. An automatic sprinkler system installed in accordance with NFPA 13 shall be provided throughout all buildings with a Group R-3 or R-4 fire area containing a residential hospice facility.

Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 is permitted if all habitable spaces and closets are protected by an automatic sprinkler system.

Subp. 1c. IBC [F] section 903.2.9.

IBC [F] section 903.2.9 is amended and a subsection added to read as follows:

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

A Group S-1 fire area exceeds 12,000 square feet (1115 m2).
A Group S-1 fire area is located more than three stories above grade plane.
The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
A Group S-1 fire area is used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).

(Subsections 903.2.9.1 and 903.2.9.2 remain unchanged.)

903.2.9.3 Group S-1 upholstered furniture and mattresses. An automatic sprinkler system shall be provided throughout a Group S-1 fire area used for the storage of upholstered furniture or mattresses that exceeds 2,500 square feet (232 m2).

Exception: Self-service storage facilities (mini-storage) no greater than one story above grade plane where all storage spaces can be accessed directly from the exterior.

Subp. 1d. IBC [F] section 903.2.11.4.

IBC [F] section 903.2.11.4 is amended by deleting the section in its entirety and replacing it with the following:

903.2.11.4 Fire protection for exhaust systems. Where required by Minnesota Rules, chapter 1346, the Minnesota Mechanical Code, automatic sprinklers shall be provided in ducts having a cross-sectional area of 75 square inches (480 cm2) or more and that: (1) convey flammable or combustible components; or (2) have the potential for combustible residue buildup on the inside. When sprinkler protection is installed, means shall be provided to prevent water accumulation in the duct and to prevent the flow of water back to a process where the application of water constitutes a serious life or fire hazard.

Subp. 2.

[Repealed, 32 SR 7]

Subp. 2a. IBC [F] section 903.3.1.

IBC [F] section 903.3.1 is amended as follows:

903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1 unless otherwise permitted by Sections 903.3.1.2 and 903.3.1.3 and other chapters of this code, as applicable.

Automatic sprinkler systems installed in state-licensed or state-registered facilities shall be installed in accordance with this code and by the appropriate licensing or registration provisions of other Minnesota state agencies.

Subp. 2b. IBC [F] section 903.3.1.1.1.

IBC [F] section 903.3.1.1.1 is amended by adding a new item 7 to the list of exempt locations to read as follows:

Sprinkler protection shall not be installed in elevator shafts, elevator pits, or elevator machine rooms.

Exception to #7: Health care occupancies that are: (1) required to have NFPA 13 systems; (2) licensed by the Minnesota Department of Health; and (3) participate in Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

Subp. 2c. IBC [F] section 903.3.1.2.1.

IBC [F] section 903.3.1.2.1 is amended to read:

903.3.1.2.1 Protection of decks and balconies. Decks and balconies greater than six feet (1.8 m) above grade, greater than four feet (1.2 m) deep, with an area greater than 40 square feet (3.72 m2), and attached to new Group R-1 or R-2 occupancy buildings protected in accordance with Section 903.3.1.2 that are three or more stories in height and with 30 or more units, shall be protected with sprinklers under the balcony or deck framing and under attic eaves when both of the following two conditions exist:

the building has an unsprinklered attic; and
the building has combustible siding.

Subp. 3.

[Repealed, 32 SR 7]

Subp. 3a. IBC [F] section 903.3.1.3.

IBC [F] section 903.3.1.3 is amended to read as follows:

903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in Group R-3 and R-4 Condition 1 occupancies shall be permitted to be installed throughout in accordance with NFPA 13D.

Subp. 4. IBC [F] section 903.3.1.4.

IBC [F] section 903.3.1 is amended by adding a section to read as follows:

903.3.1.4 Buildings of undetermined use. When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3,000 square feet (279 m2). Use is considered undetermined if not specified at the time a permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner to upgrade the system to the required density for the new hazard, use, or occupancy.

Subp. 5. IBC [F] section 903.3.1.5.

IBC [F] section 903.3.1 is amended by adding a subsection to read as follows:

903.3.1.5 Special sprinkler design criteria. When fire sprinkler systems are required in areas containing the following uses, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use:

Chemistry labs; or
Wrestling rooms or gymnastic rooms.

Subp. 5a. IBC [F] section 903.3.1.6.

IBC [F] section 903.3.1 is amended by adding a subsection to read as follows:

903.3.1.6 Modifications to sprinkler standards. The sprinkler installation standards as referenced in Sections 903.3.1.1, 903.3.1.2, and 903.3.1.3 are modified as follows:

903.3.1.6.1 Hose stream requirements. When, in the opinion of the fire chief, an adequate alternate water supply for hose stream requirements is provided or available, the water supply requirements for the sprinkler system hose stream demands may be modified.

903.3.1.6.2 Elevator shafts and equipment. Sprinkler protection shall not be installed in elevator shafts, elevator pits, or elevator machine rooms.

Exception: Health care occupancies that (1) are required to have NFPA 13 systems, (2) are licensed by the Department of Health, and (3) participate in Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

903.3.1.6.3 Swimming pools. Sprinkler protection need not be provided on the ceiling of rooms containing swimming pools when the pool area is used exclusively for swimming purposes and when sprinklers are provided around the perimeter of the pool area.

903.3.1.6.4 NFPA 13 modifications. Sections 8.15.8.2, 8.17.2.5, and 23.2.1.1 of NFPA 13 are revised to read:

8.15.8.2 Linen closets and pantries. Sprinklers are not required in linen closets and pantries within dwelling units that meet the following conditions:

the area of the space does not exceed 12 square feet (1.1 m2);
the least dimension does not exceed 3 feet (0.9 m);
the walls and materials are surfaced with noncombustible or limited combustible materials; and
the closet or pantry contains no mechanical equipment, electrical equipment, or electrical appliances.

8.17.2.5 Valves.

8.17.2.5.1 Fire department connection. A listed check valve shall be installed in each fire department connection.

8.17.2.5.1.1 Maximum pipe length. There shall be a maximum of 25 feet (7.6 m) of pipe between the check valve and the fire department connection inlet.

Exception: This maximum shall not apply to the check valve serving a free-standing fire department connection.

8.17.2.5.1.2 Check valve location. The check valve shall be located to minimize freezing potential.

23.2.1.1 Water supply capacity information. Where a waterflow test is used for the purposes of system design, the test shall be conducted no more than 36 months before the working plan submittal.

903.3.1.6.5 Vestibules. Sprinkler protection is not required in vestibules that meet all of the following conditions:

the vestibule is 225 square feet or less in floor area;
the vestibule is of noncombustible or limited combustible construction;
the vestibule has glazing allowing vision into vestibule;
the vestibule's only purpose is ingress and egress; and
the vestibule contains no fueled equipment, flammable or combustible liquids, or furniture. Incidental combustible storage in the vestibule is limited to 5 cubic feet of material.

Subp. 6.

[Repealed, 32 SR 7]

Subp. 6a. IBC [F] section 903.3.9.

IBC [F] section 903.3 is amended by adding a subsection to read as follows:

903.3.9 Sprinkler system design pressure safety margin. For new sprinkler systems or additions to existing sprinkler systems, the available water supply shall exceed the sprinkler system demand, including hose stream requirements, by 5 psi (0.34 bars) or more.

Exception: NFPA 13D systems installed in accordance with Section 903.3.1.3.

Subp. 7. IBC [F] section 903.4.

IBC [F] section 903.4 is amended by adding an exception to read as follows:

For existing sprinkler systems, monitoring is required when the number of sprinklers is 100 or more.

Subp. 7a. IBC [F] section 903.4.2.

IBC [F] section 903.4.2 is amended to read as follows:

903.4.2 Alarms. An approved audible alarm and an approved visible alarm are required on the exterior of the building in an approved location. These alarms can be part of the same device or separate devices. The alarms shall be connected to each automatic sprinkler system. The alarms shall be located above the fire department connection and visible from the street or nearest point of fire department vehicle access, or as otherwise approved by the fire code official. Such sprinkler water-flow alarms shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Subp. 8. IBC [F] section 903.4.4.

IBC [F] section 903.4 is amended by adding a section to read as follows:

903.4.4 Valve security. All valves controlling water supplies for automatic sprinklers shall be locked or secured in the open position.

Exception: Valves located in a room or space when access is limited to essential personnel only.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 36 SR 1479; 39 SR 1605; 44 SR 609

Minn. R. 1305.0904 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0905 Section 905, Standpipe Systems

Subpart 1. IBC [F] section 905.2.1.

IBC [F] section 905.2 is amended by adding subsections to read as follows:

905.2.1 Modification to standards. In buildings other than high rise that are equipped throughout with an automatic sprinkler system installed in accordance with Sections 903.3.1.1 or 903.3.1.2, and a Class I standpipe system, the pipe shall be sized to meet the pressure and flow requirements for the sprinkler system. Such systems shall comply with Sections 905.2.1.1 through 905.2.1.4:

905.2.1.1 System pipe size. Pipe sizes for combined portions of the sprinkler and standpipe systems shall not be less than 4 inches (101.6 mm).

905.2.1.2 System design flow and pressure. The standpipe shall provide a minimum pressure of 100 psi (6.9 bar) at the uppermost outlet and a minimum flow rate of 250 gpm (946 L/min) at the two hydraulically most remote hose connections on the standpipe when the standpipe system is supported through the fire department connection. The hydraulic calculations shall be performed between the hydraulically most demanding standpipe hose connection and the fire department connection.

905.2.1.3 Design pressure. A maximum design pressure of 150 psi (10.3 bars) is permitted at the fire department connection when the standpipe is supported by local fire department apparatus.

905.2.1.4 Automatic sprinkler system demand. The automatic sprinkler system demand, including the inside and outside hose stream demands from NFPA 13, is to be provided by the municipal water supply system without requiring fire department pumping into the system.

Subp. 1a. IBC [F] section 905.3.

IBC [F] section 905.3 is amended to read as follows:

905.3 Required installations. Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.10. Standpipe systems are allowed to be combined with automatic sprinkler systems.

Exception: Standpipe systems are not required in Group R-3 occupancies.

Subp. 1b. IBC [F] section 905.3.1.

IBC [F] section 905.3.1 is amended to read as follows:

905.3.1 Height. Class I wet standpipe systems shall be installed throughout buildings where any of the following conditions exist:

Four or more stories are above or below grade plane.
The floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.
The floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

Exception: Class I manual, automatic, or semiautomatic dry standpipes are allowed in buildings that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5.

905.3.1.1 Lowest level. In determining the lowest level of fire department vehicle access, the following areas should not be considered:

recessed loading docks for four vehicles or less; and
areas where topography makes access from the fire department vehicle to the building impractical or impossible.

Subp. 2. IBC [F] section 905.3.2.1.

IBC [F] section 905.3.2 is amended by adding a subsection to read as follows:

905.3.2.1 Group A exhibition. Class I automatic standpipes shall be provided in Group A-3 Occupancies where the floor area used for exhibition exceeds 12,000 square feet (1115 m2).

Subp. 3. IBC [F] sections 905.3.4 and 905.3.4.1.

IBC [F] sections 905.3.4 and 905.3.4.1 are deleted and replaced with the following:

905.3.4 Stages. Stages are not required to be equipped with standpipe systems.

Subp. 4.

[Repealed, 32 SR 7]

Subp. 4a. IBC [F] section 905.3.6.

IBC [F] section 905.3.6 is amended to read as follows:

905.3.6 Helistops and heliports. Each building with a rooftop helistop or heliport shall be equipped with a Class I standpipe system extended to the roof level on which the helistop or heliport is located in accordance with Section 2007.5 of the International Fire Code.

Subp. 5.

[Repealed, 32 SR 7]

Subp. 6. IBC [F] section 905.3.9.

IBC [F] section 905.3 is amended by adding a subsection to read as follows:

905.3.9 Detention and correctional facilities. Regardless of the height of the building or number of stories, every building in a Group I-3 detention and correctional facility, where 50 or more persons are under restraint or security under Occupancy Condition 3, 4 or 5, shall be provided with a Class I automatic wet or semiautomatic dry standpipe system.

Exception: Combined systems meeting the provisions of Section 905.2 may be used.

When acceptable to the fire chief, fire department connections may be located inside all security walls or fences on the property.

Standpipes shall be located in accordance with Section 905. In addition, standpipes shall be located so that it will not be necessary to extend hose lines through smoke barriers. When located in cell complexes, standpipes may be located in secured pipe chases.

Subp. 6a. IBC [F] section 905.3.10.

IBC [F] section 905.3 is amended by adding a subsection to read as follows:

905.3.10 Group R-2 occupancies small hose connections. Small hose connections shall be installed in Group R-2 occupancies three or more stories in height where any portion of the building's interior area is more than 200 feet (60,960 mm) of travel, vertically or horizontally, from the nearest point of fire department vehicle access. Small hose connections required by this section shall comply with the following:

Supply one 1-1/2-inch (38-mm) fire hose valve at each floor level or intermediate stair landing in each required and enclosed stairway.
The water for the small hose connections shall be supplied separately from the sprinkler system protecting that area so that the small hose connections are still functional if the water supply to the sprinkler system is shut down following fire extinguishment.
The piping shall be a minimum of 1-1/2 inch (38 mm).
The water shall be supplied from a wet-pipe sprinkler system only.
The piping shall be comprised of metallic piping and hose valve connections.

Permanent signage shall be required which reads "Fire Department Overhaul Hose Connection" at each connection in the building. If a separate standpipe system is provided, a sign shall also be provided at the exterior fire department connection.

Subp. 7. IBC [F] section 905.5.1.

IBC [F] section 905.5.1 is deleted.

Subp. 8. IBC [F] section 905.6.

IBC [F] section 905.6 and all subsections are deleted in their entirety.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0906 Section 906, Portable Fire Extinguishers

IBC [F] section 906.1 is amended to read as follows:

906.1 General. Portable fire extinguishers shall be provided in occupancies and locations as required by the Minnesota State Fire Code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605

Minn. R. 1305.0907 Section 907, Fire Alarm and Detection Systems

Subpart 1.

[Repealed, 39 SR 1605]

Subp. 1a. IBC section 907.1.2.

IBC [F] section 907.1.2 is amended to read as follows:

907.1.2 Fire alarm shop drawings. Shop drawings for fire alarm systems shall be submitted for review and approval before system installation, and shall include all of the following where applicable to the system being installed:

A floor plan that indicates the use of all rooms.
Locations of alarm-initiating devices.
Locations of alarm notification appliances, including candela ratings for visible alarm notification appliances.
Design minimum audibility level for occupant notification.
Maximum sound pressure.
Location of fire alarm control unit, transponders, and notification power supplies.
Annunciators.
Power connection.
Battery calculations.
Conductor type and sizes.
Voltage drop calculations.
Manufacturers' data sheets indicating model numbers and listing information for equipment, devices, and materials.
Details of ceiling height and construction.
The interface of fire safety control functions.
Classification of the supervising station.

Subp. 1b. IBC [F] section 907.2.

IBC [F] section 907.2 is amended to read as follows:

907.2 Where required in new buildings and occupancies. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in new buildings and occupancies in accordance with Sections 907.2.1 through 907.2.24.2 and NFPA 72. For the purposes of Sections 907.2.1 through 907.2.24.2, fire barrier walls or fire walls shall not define separate buildings. In buildings containing mixed occupancies that are designed as separated uses in accordance with Section 508.4, fire alarm and detection systems need only be installed in those occupancies where required by this section.

Exception: In areas protected by an approved, supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, automatic fire detectors required by Section 907.2 need not be provided. Where Section 907.2 requires smoke detectors, such protection shall be installed.

Subp. 2.

[Repealed, 32 SR 7]

Subp. 2a. IBC [F] section 907.2.1.

IBC [F] section 907.2.1 is amended to read as follows:

907.2.1 Group A, general. A fire alarm system shall be installed in accordance with Sections 907.2.1 through 907.2.1.3 in Group A occupancies having an occupant load of 300 or more.

Exceptions:

Assembly areas used solely for worship purposes.
A fire alarm system is not required in buildings with an occupant load of less than 1,000 when an approved automatic fire-extinguishing system is installed throughout the building.
Assembly uses within Group E occupancies shall have alarms as required for the Group E occupancy.
Group A-5 occupancies.

Subp. 3. IBC [F] section 907.2.1.1.

IBC [F] section 907.2.1.1 is amended to read as follows:

907.2.1.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be installed in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, kitchens, trash collection rooms, storage rooms, and similar areas.

Subp. 4. IBC [F] section 907.2.1.2.

IBC [F] section 907.2.1.2 is amended to read as follows:

907.2.1.2 Notification. The required fire alarm system shall activate an audible and visible notification appliance at a constantly attended location within the building for the purposes of initiating emergency action. A presignal feature and positive alarm sequencing in accordance with NFPA 72 are permitted.

Occupant notification shall be by means of voice announcements, either live or prerecorded, initiated by the person in the constantly attended location.

Exception: Where no constantly attended location exists, an automatic fire alarm system providing a general evacuation signal or an approved emergency voice/alarm communications system is permitted.

Subp. 5. IBC [F] section 907.2.1.3.

IBC [F] section 907.2.1 is amended by adding a section to read as follows:

907.2.1.3 System initiation in Group A occupancies with an occupant load of 1,000 or more. Activation of the fire alarm system in Group A occupancies with an occupant load of 1,000 or more shall immediately initiate an approved prerecorded message announcement using an approved emergency voice/alarm communications system in accordance with NFPA 72.

Exception: Where approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed 3 minutes, for the sole purpose of allowing a live voice announcement from an approved constantly attended location.

Subp. 6. IBC [F] section 907.2.2.

IBC [F] section 907.2.2 is amended to read as follows:

907.2.2 Group B, general. A fire alarm system shall be installed in accordance with Sections 907.2.2 through 907.2.2.3 in Group B occupancies where:

The building has an occupant load of 500 or more persons;
The building has an occupant load of more than 100 persons above or below the lowest level of exit discharge; or
The building contains an ambulatory care facility.

When automatic sprinkler systems or automatic fire detectors are installed in ambulatory care facilities, such systems or detectors shall be connected to the building fire alarm system.

Exception: In other than ambulatory care facilities, a fire alarm system is not required when an approved automatic fire extinguishing system is installed throughout the building.

Subp. 7. IBC [F] section 907.2.2.1.

IBC [F] section 907.2.2.1 is amended to read as follows:

907.2.2.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, kitchens, mechanical and electrical rooms, trash collection rooms, storage rooms and similar areas. In ambulatory care facilities, initiation of the fire alarm system shall also be by manual means.

Subp. 8. IBC [F] section 907.2.2.2.

IBC [F] section 907.2.2 is amended by adding a section to read as follows:

907.2.2.2 Notification. Activation of the fire alarm system shall initiate a general evacuation signal.

Exception: In lieu of audible notification appliances, visible notification appliances shall be permitted to be used in patient care areas.

Subp. 9. IBC [F] section 907.2.2.3.

IBC [F] section 907.2.2 is amended by adding a section to read as follows:

907.2.2.3 Ambulatory care facilities. Corridors and rooms or spaces open to corridors within an ambulatory care facility shall be protected by an automatic smoke detection system.

Subp. 10. IBC [F] section 907.2.3.

IBC [F] section 907.2.3 is amended to read as follows:

907.2.3 Group E, general. A fire alarm system shall be installed in accordance with Sections 907.2.3 through 907.2.3.3 in Group E occupancies having an occupant load of 50 or more.

Subp. 11. IBC [F] section 907.2.3.1.

IBC [F] section 907.2.3 is amended by adding a section to read as follows:

907.2.3.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash collection rooms, storage rooms, lounges, and similar areas.

Exception:

In buildings protected throughout by an approved automatic sprinkler system or having an approved fire alarm system equipped with corridor smoke detection, manual fire alarm boxes are only required in any main office and in any custodial area.

Subp. 12. IBC [F] section 907.2.3.2.

IBC [F] section 907.2.3 is amended by adding a section to read as follows:

907.2.3.2 Travel through adjoining rooms. Where the only means of egress travel from an interior room or rooms having an aggregate occupant load of more than 10 occupants is through an adjoining or intervening room, automatic smoke detectors shall be installed throughout the common atmosphere through which the path of egress travel passes.

Exception: In buildings that are protected throughout by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, smoke detectors are not required in intervening or adjoining rooms.

Subp. 13. IBC [F] section 907.2.3.3.

IBC [F] section 907.2.3 is amended by adding a subsection to read as follows:

907.2.3.3 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6.

Exception: An emergency voice/alarm communication system is not required in Group E occupancies with occupant loads of 100 or less, as long as the activation of the fire alarm system or automatic sprinkler system in those occupancies initiates a general evacuation signal.

Subp. 14. IBC [F] section 907.2.4.

IBC [F] section 907.2.4 is amended to read as follows:

907.2.4 Group F, general. A fire alarm system shall be installed in accordance with Sections 907.2.4 through 907.2.4.2 in Group F occupancies that are two or more stories in height and have an occupant load of 500 or more above or below the lowest level of exit discharge.

Exception: A fire alarm system is not required when an approved automatic fire extinguishing system is installed throughout the building.

Subp. 15. IBC [F] section 907.2.4.1.

IBC [F] section 907.2.4 is amended by adding a section to read as follows:

907.2.4.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, trash collection rooms, kitchens, mechanical and electrical rooms, and similar areas.

Subp. 16. IBC [F] section 907.2.4.2.

IBC [F] section 907.2.4 is amended by adding a section to read as follows:

907.2.4.2 Notification. Activation of the fire alarm system shall initiate a general evacuation signal.

Subp. 17. IBC [F] section 907.2.5.

IBC [F] section 907.2.5 is amended to read as follows:

907.2.5 Group H, general. A fire alarm system shall be installed in accordance with Sections 907.2.5 through 907.2.5.2 in Group H-5 occupancies, occupancies used for the manufacture of organic coatings, and, when required by chapters 60, 62, and 63 of the Minnesota State Fire Code at the following locations:

rooms or areas where highly toxic compressed gases are stored or used;
rooms or areas where Class I, II, or III organic peroxides are stored; and
liquid and solid oxidizer storage areas.

Subp. 18. IBC [F] section 907.2.5.1.

IBC [F] section 907.2.5 is amended by adding a section to read as follows:

907.2.5.1 Initiation. Initiation of the fire alarm system in Group H-5 Occupancies and in occupancies used for the manufacture of organic coatings shall be by manual means. Initiation of fire alarm systems installed for highly toxic gases, organic peroxides and oxidizers shall be by automatic means, as specified in chapters 60, 62, and 63 of the Minnesota State Fire Code.

Subp. 19. IBC [F] section 907.2.5.2.

IBC [F] section 907.2.5 is amended by adding a section to read as follows:

907.2.5.2 Notification. Activation of the fire alarm system in Group H-5 Occupancies and in occupancies used for the manufacture of organic coatings shall initiate a general evacuation signal. Activation of the automatic detection systems installed for highly toxic gases, organic peroxides, and oxidizers shall sound a local alarm.

Subp. 20.

[Repealed, 32 SR 7]

Subp. 21.

[Repealed, 32 SR 7]

Subp. 22. IBC [F] section 907.2.6.

IBC [F] section 907.2.6 and all subsections are deleted in their entirety and replaced with the following:

907.2.6 Group I, general. A fire alarm system shall be installed in accordance with Sections 907.2.6.1 through 907.2.6.4.2 in Group I occupancies.

907.2.6.1 Group I-1 occupancies-general. A manual and automatic fire alarm system shall be installed in Group I-1 occupancies in accordance with Sections 907.2.6.1.1 through 907.2.6.1.3.

907.2.6.1.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, and similar areas. Automatic smoke detectors shall be provided in corridors and areas that are open to corridors.

Exception: Manual fire alarm boxes in patient sleeping areas of Group I-1 occupancies shall not be required at exits if located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and provided that travel distances required by Section 907.4.2 are not exceeded.

907.2.6.1.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal. In addition, activation of the fire alarm system shall immediately transmit an alarm to an approved central station or remote station service.

Exceptions:

In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in critical care areas.
Where occupants are incapable of evacuating themselves because of age, physical/mental disabilities, or physical restraint, only the attendants or other personnel required to evacuate occupants from a zone, area, floor, or building shall be required to be notified. This notification shall include means to readily identify the zone, area, floor, or building in need of evacuation.

907.2.6.1.3 Sleeping room smoke alarms. Smoke alarms shall be installed in resident sleeping rooms in accordance with Section 907.2.10.2.

907.2.6.2 Group I-2 occupancies-general. A manual and automatic fire alarm system shall be installed in Group I-2 occupancies in accordance with Sections 907.2.6.2.1 through 907.2.6.2.4.

907.2.6.2.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, and similar areas. Hospitals, nursing homes (both intermediate care and skilled nursing facilities), board and care homes, and detoxification facilities shall be provided with smoke detection throughout the corridor and areas open to the corridors, other than nurses' stations.

Exceptions:

Corridor smoke detection shall not be required where the sleeping room smoke detectors required in Section 907.2.6.2.3 are connected to an approved fire alarm system and activate a general evacuation signal.
Manual fire alarm boxes shall not be required at exits from patient sleeping areas if located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and provided that travel distances horizontally on the same floor shall not exceed 200 feet to reach a manual fire alarm box.

907.2.6.2.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a signal that is distinctive from audible signals used for other purposes in the same building. Such signal is intended to notify staff and need not meet the minimum sound pressure levels required for general evacuation fire alarm notification. In addition, activation of the fire alarm system shall immediately transmit an alarm to an approved central station or remote station service.

Exceptions:

In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in critical care areas.
Where occupants are incapable of evacuating themselves because of age, physical/mental disabilities, or physical restraint, only the attendants or other personnel required to evacuate occupants from a zone, area, floor, or building shall be required to be notified. This notification shall include means to readily identify the zone, area, floor, or building in need of evacuation.
Where total evacuation of occupants is impractical due to building configuration, only the occupants in the affected zones shall be initially notified. Provisions shall be made to selectively notify occupants in other zones to afford orderly evacuation of the entire building.

907.2.6.2.3 Patient room smoke detectors. Smoke detectors shall be installed in patient sleeping rooms of hospitals and nursing homes. Such detectors' primary power shall be other than battery power. Actuation of such detectors shall cause a visual display on the corridor side of the room where the detector is located and shall cause a distinct audible and visual alarm at the nurses' station attending the room. Such detectors may be part of the facility's fire alarm system, nurses' call system, or a standalone system.

907.2.6.2.3.1 Integral smoke detectors for automatic door-closing devices. Integral smoke detectors for automatic door-closing devices on sleeping room doors can be installed only if they also meet all of the requirements in Section 907.2.6.2.3.

907.2.6.2.4 Sleeping room smoke alarms. For Group I-2 facilities other than hospitals and nursing homes, single station smoke alarms shall be installed in resident sleeping rooms.

907.2.6.3 Group I-3 occupancies-general. A manual and automatic fire alarm system shall be installed in Group I-3 occupancies in accordance with Sections 907.2.6.3.1 through 907.2.6.3.4.

907.2.6.3.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, commissaries, and similar areas. Actuation of an automatic fire-extinguishing system, a manual fire alarm box, or a fire detector shall initiate an approved fire alarm signal, which automatically notifies staff. Presignal systems shall not be used.

907.2.6.3.2 Manual fire alarm boxes. Manual fire alarm boxes are not required to be located in accordance with Section 907.4 where the fire alarm boxes are provided at staff-attended locations having direct supervision over areas where manual fire alarm boxes have been omitted.

Manual fire alarm boxes are permitted to be locked in areas occupied by detainees, provided that staff members are present within the subject area and have keys readily available to operate the manual fire alarm boxes.

907.2.6.3.3 Smoke detectors. An approved automatic smoke-detection system shall be installed throughout resident housing areas, including sleeping areas and contiguous day rooms, group activity spaces, and other common spaces normally accessible to residents.

Exceptions:

Other approved smoke-detection arrangements providing equivalent protection, such as placing detectors in exhaust ducts from cells or behind protective grills, are allowed when necessary to prevent damage or tampering.
Smoke detectors are not required in sleeping rooms with four or fewer occupants in smoke compartments that are equipped throughout with an approved automatic sprinkler system.

907.2.6.3.4 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a signal that is distinctive from audible signals used for other purposes in the same building. Such signal is intended to notify staff and need not meet the minimum sound pressure levels required for general evacuation fire alarm notification. In addition, activation of the fire alarm system shall immediately transmit an alarm to an approved central station or remote station service.

907.2.6.4 Group I-4 occupancies-general. A manual and automatic fire alarm system shall be installed in Group I-4 occupancies in accordance with Sections 907.2.6.4.1 through 907.2.6.4.2.

907.2.6.4.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, and similar areas. Automatic smoke detectors shall be provided in corridors and areas that are open to corridors.

907.2.6.4.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal. In addition, activation of the fire alarm system shall immediately transmit an alarm signal to an approved central station or remote station service.

Subp. 23. IBC [F] section 907.2.7.

IBC [F] section 907.2.7 is deleted in its entirety.

Subp. 24. IBC [F] section 907.2.7.1.

IBC [F] section 907.2.7.1 is deleted in its entirety.

Subp. 25. IBC [F] section 907.2.8.

IBC [F] section 907.2.8 is amended to read as follows:

907.2.8 Group R-1, general. A fire alarm system shall be installed in accordance with Sections 907.2.8.1 through 907.2.8.3 in Group R-1 occupancies.

Exceptions:

A fire alarm system is not required in buildings not over two stories in height where all individual sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least one-hour fire partitions and each sleeping unit has an exit directly to a public way, exit court, or yard.
Buildings containing five or fewer sleeping units shall be allowed to be equipped with approved multiple-station smoke alarms installed as required for Group R-3 Occupancies. Installation shall be in accordance with Section 907.2.10.

907.2.8.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry and soiled linen rooms, mechanical and electrical rooms, trash collection rooms, storage rooms, gift shops, kitchens, locker rooms, custodial closets, lounges, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire extinguishing system is installed in accordance with Section 903.3.1.1 or 903.3.1.2 and a manual fire alarm box is provided at a constantly attended location. When a constantly attended location is not provided, the manual fire alarm box shall be provided at the main exit.

907.2.8.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.8.3 Sleeping unit smoke alarms. Sleeping unit smoke alarms required by Section 907.2.10 shall not be connected to a fire alarm system.

Exception: Connection of such alarms for annunciation only.

Subp. 26. IBC [F] section 907.2.9.

IBC [F] section 907.2.9 and all subsections are deleted in their entirety and replaced with the following:

907.2.9 Groups R-2 and R-4 , general. Fire alarm systems and smoke alarms shall be installed in Group R-2 and Group R-4 occupancies. Group R-2 occupancies shall comply with Sections 907.2.9.1 through 907.2.9.1.3. Group R-4 occupancies shall comply with Sections 907.2.9.2 through 907.2.9.2.3.

907.2.9.1 Group R-2, general. A fire alarm system shall be installed in accordance with Sections 907.2.9.1 through 907.2.9.1.2 in Group R-2 occupancies where:

any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge;
any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit;
the building contains more than 16 dwelling units or sleeping units; or
the building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

Exception: A fire alarm system is not required in buildings not over two stories in height where all dwelling units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least one-hour fire partitions and each dwelling unit has an exit directly to a public way, exit court, or yard.

907.2.9.1.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Automatic fire detectors shall be provided in boiler and furnace rooms, trash-collection rooms, shops, laundry rooms, common kitchens, locker rooms, lounges, mechanical and electrical rooms, storage rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire extinguishing system is installed throughout the building.

907.2.9.1.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.9.1.3 Dwelling unit smoke alarms. Dwelling unit smoke alarms required by Section 907.2.10 shall not be connected to the building fire alarm system.

Exception: Connection of such alarms for annunciation only.

907.2.9.2 Group R-4, general. A fire alarm system shall be installed in accordance with Sections 907.2.9.2.1 through 907.2.9.2.3 in Group R-4 occupancies.

Exceptions:

A fire alarm system is not required in buildings two stories or less in height where all individual sleeping units, attics, and crawl spaces contiguous to those units are separated from each other and public or common areas by at least one-hour fire partitions and each sleeping unit room has an exit directly to a public way, exit court, or yard.
Buildings containing five or fewer sleeping units are permitted to be equipped with approved multiple-station smoke alarms installed as required for Group R-3 occupancies. Installation shall be in accordance with Section 907.2.10.

907.2.9.2.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry and soiled linen rooms, mechanical and electrical rooms, common kitchens, lounges, trash collection rooms, storage rooms, gift shops, locker rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

907.2.9.2.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.9.2.3 Smoke alarms. Single and multiple-station smoke alarms shall be installed in accordance with Section 907.2.10.

Subp. 26a.

[Repealed, 39 SR 1605]

Subp. 26b.

[Repealed, 44 SR 609]

Subp. 27.

[Repealed, 44 SR 609]

Subp. 27a.

[Repealed, 39 SR 1605]

Subp. 27b. IBC [F] section 907.2.22.

IBC [F] section 907.2.22 is amended to read as follows:

907.2.22 Battery rooms. An automatic smoke detection system shall be installed in areas containing stationary storage battery systems where the battery capacity exceeds that listed in Table 907.2.22. Battery systems exceeding the quantities listed in Table 907.2.22 shall comply with Minnesota Rules, chapter 7511, the Minnesota State Fire Code.

Subp. 27c. IBC [F] section 907.2.22.

IBC [F] section 907.2.22 is amended to add Table 907.2.22 as follows:

For SI: 1 kilowatt hour = 3.6 megajoules.

a For batteries rated in amp-hours, kWh shall equal rated voltage times amp-hour rating divided by 1000.

b Shall include vanadium, zinc-bromine, polysulfide-bromide, and other flowing electrolyte-type technologies.

c 70 kWh for sodium-ion technologies.

Subp. 27d. IBC [F] section 907.2.23.

IBC [F] section 907.2.23 is amended to read as follows:

907.2.23 Capacitor energy storage systems. An automatic smoke detection system shall be installed in areas containing capacitor energy storage systems where the storage capacity exceeds 3 kWh (10.8 megajoules). Systems exceeding 3 kWh (10.8 megajoules) shall comply with Minnesota Rules, chapter 7511, the Minnesota State Fire Code.

Subp. 28. IBC [F] section 907.2.24.

IBC [F] section 907.2 is amended by adding sections to read as follows:

907.2.24 Residential hospices. A fire alarm system shall be installed in accordance with Sections 907.2.24.1 and 907.2.24.2 in residential hospices. When automatic sprinkler systems or automatic fire detectors are installed, such systems or detectors shall be connected to the building fire alarm system.

907.2.24.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, kitchens, laboratories, shops, gift shops, commissaries, laundry and soiled linen rooms, mechanical and electrical rooms, locker rooms, storage rooms, custodial closets, trash collection rooms, lounges, and similar areas. Automatic smoke detectors shall be provided in sleeping rooms, corridors, and spaces open to the corridors.

Exception: Manual fire alarm boxes are not required at exits if manual fire alarm boxes are located at all nurses' stations or other continuously attended staff locations, provided such fire alarm boxes are visible and continuously accessible and that travel distances required by Section 907.4.2 are not exceeded.

907.2.24.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal. In addition, the fire alarm system shall be monitored by an approved central station service in accordance with Section 903.4.1.

Exception: In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in sleeping areas.

Subp. 29.

[Repealed, 32 SR 7]

Subp. 30.

[Repealed, 39 SR 1605]

Subp. 31. IBC [F] section 907.3.

IBC [F] section 907.3 is amended, and subsections added, to read as follows:

907.3 Fire safety functions. Automatic fire detectors required by Section 907.2 of this code and Chapter 11 of the Minnesota State Fire Code are to activate notification appliances in accordance with those sections. When automatic fire detectors are installed for other fire safety functions, they shall perform the intended function upon activation. When automatic detectors are installed for fire safety functions and the building has a fire alarm system, the detectors shall activate supervisory signals at the fire alarm control panel or at a constantly attended location. When the building does not have a fire alarm system, the detectors shall activate a visual and audible supervisory signal at an approved location, which shall indicate the source of the signal.

907.3.1 Air distribution and air-handling systems. Smoke detectors installed to shut down the air distribution or air-handling system shall, upon activation, perform the intended function. Air distribution or air-handling equipment that is part of a smoke-control system shall switch to smoke-control mode upon activation of a detector.

907.3.1.1 Fire alarm system interface. Smoke detectors that are installed in air distribution or air-handling systems for shutdown purposes and that are connected to a fire alarm system shall not sound a general evacuation signal.

907.3.2 Elevator control functions. Smoke detectors that are installed to control or recall elevators or to control doors for elevators, elevator lobbies, or elevator shafts and that are connected to a fire alarm system shall not sound a general evacuation signal. Elevator recall and firefighter's emergency operation for elevators shall only be controlled by elevator smoke detectors and shall not initiate upon other building fire detectors or evacuation signals.

907.3.3 Door hold-open functions. Smoke detectors that are installed to hold open fire doors under nonemergency conditions and that are connected to a fire alarm system shall sound a general evacuation signal when the doors being held open are part of the means of egress corridor or stair system. Door hold-open smoke detectors are not required to activate a visual or audible signal.

(Subsection 907.3.4 remains unchanged.)

Subp. 31a.

[Repealed, 44 SR 609]

Subp. 31b. IBC [F] section 907.5.2.1.2.

IBC [F] section 907.5.2.1.2 is amended to read as follows:

907.5.2.1.2 Maximum sound pressure. Fire alarm system audibility levels shall not exceed 35 dB above the average ambient sound level described in Section 907.5.2.1.1 or 35 dB above the peak ambient sound level. The maximum sound pressure level for audible alarm notification appliances shall be 110 dBA at the minimum hearing distance from the audible appliance. Where the average ambient noise is greater than 95 dBA, visible alarm notification appliances shall be provided in accordance with NFPA 72 and audible alarm notification appliances shall not be required.

Subp. 32.

[Repealed, 39 SR 1605]

Subp. 32a. IBC [F] section 907.6.6.

IBC [F] section 907.6.6 is amended to read as follows:

907.6.6 Monitoring. Where provided, monitoring of fire alarm systems shall comply with Sections 907.6.6.1 and 907.6.6.2.

(The exceptions are removed.)

(Subsections 907.6.6.1 and 907.6.6.2 remain unchanged.)

Subp. 33.

[Repealed, 39 SR 1605]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0908 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

Minn. R. 1305.0909 Section 909, Smoke Control Systems

Subpart 1.

[Repealed, 39 SR 1605]

Subp. 1a. IBC [F] section 909.1.

IBC [F] section 909.1 is amended to read:

909.1 Scope and purpose. This section applies to mechanical or passive smoke control systems for new buildings or portions of new buildings when they are required by other provisions of this code. The purpose of this section is to establish minimum requirements for the design, installation, and acceptance testing for smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants and for fire suppression and overhaul efforts. These provisions are not intended for the preservation of contents or the timely restoration of operations.

Subp. 1b. IBC [F] section 909.4.6.

IBC [F] section 909.4.6 is amended to read:

909.4.6 Duration of operation. All portions of the active or passive smoke control system shall be capable of continued operation after detection of the fire event for a period of not less than 20 minutes. System design shall be for 20 minutes; however, fans shall continue to operate after 20 minutes and shall continue to operate automatically for smoke removal during fire suppression and overhaul efforts for a minimum of 5 minutes for every 10 feet vertically of protected space.

Subp. 1c. IBC [F] section 909.4.8.

IBC [F] section 909.4 is amended by adding a section to read:

909.4.8 Door opening force. With any of the design methods allowed by Section 909, the door opening force, latch release, and set-in-motion force shall comply with Section 1010.1.3 requirements when the system is in smoke control mode.

Subp. 1d. IBC [F] section 909.22.

IBC [F] section 909 is amended by adding a section to read as follows:

909.22 High-rise and covered mall smoke-exhaust systems. High-rise buildings, not provided with a smoke control or a post-fire smoke exhaust system, shall be equipped with a smoke removal system installed in accordance with this code. Covered mall buildings exceeding 50,000 square feet (4,645 m2) in floor area, excluding anchor stores, and not provided with a smoke control system, shall be equipped with a post-fire smoke exhaust system installed in accordance with this code.

Subp. 2.

[Repealed, 39 SR 1605]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0910 Section 910, Smoke and Heat Removal

Subpart 1. IBC [F] section 910.1.

IBC [F] section 910.1 is amended by adding sections to read as follows:

910.1.1 Required venting method. Required smoke and heat venting shall be accomplished with mechanical smoke exhaust according to Section 910.4.

Exceptions:

Calculated engineering design of mechanical smoke exhaust in accordance with Section 910.5 shall be permitted for buildings sprinklered throughout.
For non-sprinklered buildings, smoke and heat vents as specified in Section 910.3 shall be permitted.
Where approved by the building official, smoke and heat vents as specified in Section 910.3 shall be permitted in sprinklered buildings.

910.1.2 Listing. Smoke and heat vents and mechanical smoke exhaust fans shall be listed for the intended purpose.

910.1.3 Curtain boards. When mechanical smoke exhaust is provided in accordance with Section 910.4 or 910.5, curtain boards are only required at the separation between areas protected with early suppression fast response (ESFR) sprinklers and conventional sprinkler systems.

Subp. 2. IBC [F] section 910.4.

IBC [F] section 910.4 is amended to read as follows:

910.4 Mechanical smoke exhaust. Mechanical smoke exhaust shall be in accordance with Sections 910.4.1 through 910.4.7.

(Subsections 910.4.1 through 910.4.7 remain unchanged except as amended in subparts 2a and 3.)

Subp. 2a. IBC [F] section 910.4.3.1.

IBC [F] section 910.4.3.1 is amended to read as follows:

910.4.3.1 Supply air. Supply air for exhaust fans shall be sized to provide a minimum of 50 percent of the required exhaust. Air velocity at each supply air opening shall not exceed an average of 200 feet per minute when measured 4 feet (1219 mm) in front of the opening. Openings for supply air shall be uniformly distributed around the periphery of the area served and be located or ducted to a position not more than one-half the storage height above the floor. Supply air openings shall open automatically upon operation of the smoke exhaust system and shall not require a manual action at each supply opening for operation. Supply air openings shall be kept clear of storage or obstructions to airflow for at least 4 feet (1219 mm) in front of the opening. Supply air openings shall be separated from exhaust fans and exterior combustibles to prevent introduction of smoke into the building.

Subp. 3. IBC [F] section 910.4.4.

IBC [F] section 910.4.4 is amended to read as follows:

910.4.4 Operation. Mechanical smoke exhaust fans shall be manually activated. Individual manual controls of each fan unit shall also be provided.

Subp. 4.

[Renumbered subp 2a]

Subp. 5. IBC [F] section 910.5.

IBC [F] section 910.5 is amended, and subsections added, to read as follows:

910.5 Calculated engineering design of mechanical smoke exhaust. Calculated engineering design of mechanical smoke exhaust shall be in accordance with Sections 910.5.1 through 910.5.5.

910.5.1 Methodology. Mechanical smoke exhaust systems shall be designed to remove smoke after a fire is extinguished and to assist the fire department during suppression operations or during marginal sprinkler control situations. They are not considered life safety systems and are not designed for occupant safety.

910.5.2 Calculation method. Volumetric flow rate calculations shall demonstrate that the system will provide at least three air changes per hour for the space required to be provided with smoke exhaust. When only a portion of a space is used for high-piled storage requiring smoke exhaust, the volume to be extracted shall be based on the ceiling height multiplied by the actual gross floor area for storage.

910.5.3 Operation. Mechanical smoke exhaust fans shall be manually activated. In addition, individual manual controls of each fan unit shall also be provided.

910.5.4 Supply air. Supply air for exhaust fans shall be sized to provide a minimum of 50 percent of the required exhaust. Air velocity at each supply air opening shall not exceed an average of 200 feet per minute when measured 4 feet (1219 mm) in front of the opening. Openings for supply air shall be uniformly distributed around the periphery of the area served and be located or ducted to a position not more than one-half the storage height above the floor. Supply air openings shall open automatically upon operation of the smoke exhaust system and shall not require a manual action at each supply opening for operation. Supply air openings shall be kept clear of storage or obstructions to airflow for at least 4 feet (1219 mm) in front of the opening. Supply air openings shall be separated from exhaust fans and exterior combustibles to prevent introduction of smoke into the building.

910.5.5 Equipment. Wiring and controls shall be as required in Sections 910.4.5 and 910.4.6. Interlock controls shall be as required in Section 910.4.7. Exhaust fans shall be uniformly spaced and each fan shall have a maximum individual capacity of 30,000 cfm (850 m3/min).

Subp. 6. IBC [F] section 910.6.

IBC [F] section 910 is amended by adding a subsection to read as follows:

910.6 Testing and maintenance. Mechanical smoke exhaust systems shall be tested and maintained as required by Sections 910.6.1 through 910.6.4.

910.6.1 Acceptance testing. Mechanical smoke exhaust systems shall be acceptance tested as required by Sections 909.18 and 909.19.

910.6.1.1 Controls. For testing purposes, each smoke exhaust system equipped for automatic activation shall be put into operation by the actuation of the automatic initiating device. Control sequences shall be verified throughout the system, including verification of override from the firefighter's control panel when systems are equipped for automatic activation.

910.6.2 Special inspections. Special inspections for mechanical smoke exhaust shall be conducted according to Section 909.18.8.

910.6.3 Maintenance. Mechanical smoke exhaust systems, including exhaust fans, supply air openings and controls, shall be maintained and unobstructed.

910.6.4 Operational testing. Operational testing of the smoke exhaust system shall include all equipment such as initiating devices, fans, dampers, controls, and supply air openings. Mechanical smoke exhaust systems shall be operated and tested under each control sequence at least annually.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.0912 [f] Section 912, Fire Department Connections

IBC [F] section 912.2 is amended by adding a subsection to read:

912.2.3 Connection height. Newly installed fire department connections shall be located not less than 18 inches (457 mm) and not more than 4 feet (1.2 m) above the level of the adjacent grade or access level.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1305.0913 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.0915 Ibc [f] Section 915, Carbon Monoxide Detection

Subpart 1. IBC [F] section 915.1.

IBC [F] section 915.1 and subsection 915.1.1 are amended to read as follows:

915.1 General. Carbon monoxide detection shall be installed in new buildings in accordance with Sections 915.1.1 through 915.6.

915.1.1 Where required. Carbon monoxide detection shall be provided in Group I-1, I-2, I-4, and R occupancies and in classrooms in Group E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist.

Exception: In multi-family dwellings, approved and operational carbon monoxide alarms may be installed between 15 and 25 feet of carbon monoxide-producing central fixtures and equipment provided there is a centralized alarm system or other approved mechanism for responsible parties to hear the alarms at all times.

(Sections 915.1.2 through 915.1.6 remain unchanged.)

Subp. 2. IBC [F] section 915.2.

IBC [F] section 915.2 and subsections 915.2.1 and 915.2.2 are amended to read as follows:

915.2 Locations. Where required by Section 915.1.1, carbon monoxide detection shall be installed in the locations specified in Sections 915.2.1 through 915.2.3.

915.2.1 Dwelling units. Carbon monoxide detection shall be installed in dwelling units outside of each separate sleeping area within 10 feet of the bedrooms. Where a fuel-burning appliance is located in a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom.

915.2.2 Sleeping units. Carbon monoxide detection shall be installed in sleeping units.

Exception: Carbon monoxide detection shall be allowed to be installed outside of each separate sleeping area within 10 feet of the sleeping unit where the sleeping unit or its attached bathroom does not contain a fuel-burning appliance and is not served by a forced air furnace.

(Section 915.2.3 remains unchanged.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0916 [Renumbered 1305.0919]

[Renumbered 1305.0919]

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0917 Section 917, Mass Notification Systems

IBC section 917.1 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0918 Section 918, Emergency Responder Radio Coverage

IBC section 918 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.0919 Section 919, Post-Fire Exhaust System

IBC chapter 9 is amended by adding a section to read as follows:

SECTION 919

POST-FIRE SMOKE EXHAUST SYSTEM

919.1 Scope and purpose. This section applies to post-fire smoke exhaust systems when they are required by other provisions of this code. The purpose of this section is to establish minimum requirements for the design and installation of smoke exhaust systems that are intended for the timely restoration of operations and overhaul activities once a fire is extinguished.

919.2 General design requirements. Post-fire smoke exhaust systems are not intended or designed as life safety systems and are not required to meet the provisions of Section 909. These systems are permitted to use dedicated equipment, the normal building HVAC system or other openings and shall have the capability to exhaust smoke from occupied spaces. Smoke removal may be by either mechanical or natural ventilation, but shall be capable of removing cold smoke. Smoke exhaust shall be permitted through elevator shafts. Smoke removed from a space shall be discharged to a safe location outside the building and may not be recirculated into the building in accordance with the Minnesota Mechanical Code.

919.3 Exhaust capability. The system shall have an air supply and smoke exhaust capability that will provide a minimum of three air changes per hour or remove smoke to less than a 5 percent concentration within one hour of operation. The system does not need to exhaust from all areas at the same time, but is permitted to be zoned based on the largest fire area served. For the purpose of calculating system size, the height of a compartment shall be considered to run from slab to slab and include the volume above suspended ceilings.

919.4 Operation. The smoke exhaust system shall be operated by manual controls that are readily accessible to the fire department at an approved location and shall incorporate an approved control diagram. When a system is zoned into areas of operation less than the entire building, each zone shall have an individual control. Fire department manual controls of post-fire smoke exhaust systems shall have the highest priority of any control point within the building. Smoke exhaust shall not be permitted through any exit enclosure as defined in Section 1002.

919.5 Inspection and testing. Post-fire smoke exhaust systems shall be inspected and tested annually.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.1000 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1002 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.1003 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

Minn. R. 1305.1004 [Renumbered 1305.1000, subpart 1]

[Renumbered 1305.1000, subpart 1]

Minn. R. 1305.1006 Section 1006, Number of Exits and Exit Access Doorways

Subpart 1. IBC Table 1006.2.1.

IBC Table 1006.2.1 is amended to read as follows:

NP = Not Permitted

a Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. See Section 903 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.2.

b Group H occupancies equipped throughout with an automatic sprinkler system in accordance with Section 903.2.5.

c For a room or space used for assembly purposes having fixed seating, see Section 1029.8.

d For the travel distance limitations in Group I-2, see Section 407.4.

e The common path of egress travel distance in a Group S-2 open parking garage shall not be more than 100 feet.

f For the travel distance limitations in Groups R-3 and R-4 equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3, see Section 1006.2.2.6.

Subp. 2. IBC section 1006.2.2.1.

IBC section 1006.2.2.1 is amended to read as follows:

1006.2.2.1 Boiler, incinerator, and furnace rooms. Two exit access doorways are required in boiler, incinerator, and furnace rooms where the area is over 500 square feet (46 m2) and any fuel-fired equipment exceeds 400,000 British thermal units (Btu) (422,000 kJ) input capacity. Where two exit access doorways are required, one is permitted to be a fixed ladder or an alternating tread device. Exit access doorways shall be separated by a horizontal distance not less than one-half the length of the maximum overall diagonal dimension of the room. The exit access path of travel shall not converge to a separation distance less than one-third the length of the maximum overall diagonal dimension of the room.

Subp. 3. IBC section 1006.2.2.4.

IBC section 1006.2.2.4 is amended to read as follows:

1006.2.2.4 Group E and I-4 means of egress. Group E and I-4 facilities, rooms, or spaces where care is provided for more than ten children that are 2-1/2 years of age or less, shall have access to not less than two exits or exit access doorways.

Subp. 4. IBC section 1006.2.2.7.

IBC section 1006.2.2 is amended by adding a subsection to read as follows:

1006.2.2.7 Educational occupancy laboratories and prep areas. Laboratories and prep areas containing hazardous materials shall be provided with not less than two means of egress when located in an E occupancy and the space is greater than 500 square feet.

Subp. 5. IBC section 1006.3.3.

IBC section 1006.3.3 is amended to read as follows:

1006.3.3 Single exits. A single exit or access to a single exit shall be permitted from any story or occupied roof where one of the following conditions exists:

The occupant load, number of dwelling units or sleeping units, and common path of egress travel distance do not exceed the values in Table 1006.3.3(1) or 1006.3.3(2).
Rooms, areas, and spaces complying with Section 1006.2.1 with exits that discharge directly to the exterior at the level of exit discharge are permitted to have one exit or access to a single exit.
Parking garages where the vehicles are mechanically parked shall be permitted to have one exit or access to a single exit.
Group R-3 and R-4 occupancies shall be permitted to have one exit or access to a single exit.
Individual single-story or multi-story dwelling units and sleeping units shall be permitted to have a single exit or access to a single exit from each dwelling unit or sleeping unit, provided that both of the following criteria are met:

5.1. Each dwelling unit and sleeping unit complies with Section 1006.2.1 as a space with one means of egress.

5.2. Each sleeping unit and dwelling unit either:

(a) has an exit that discharges directly to the exterior at the level of exit discharge; or

(b) has an exit access outside the entrance door that provides access to at least two approved independent exits.

(Subsection 1006.3.3.1 remains unchanged.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.1008 [Renumbered 1305.1010]

[Renumbered 1305.1010]

Minn. R. 1305.1009 [Renumbered 1305.1000, subps 3 and 4]

[Renumbered 1305.1000, subps 3 and 4]

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.1010 Section 1010, Doors, Gates, and Turnstiles

Subpart 1.

[Repealed, 32 SR 7]

Subp. 2.

[Repealed, 32 SR 7]

Subp. 3.

[Repealed, 32 SR 7]

Subp. 4.

[Repealed, 39 SR 1605]

Subp. 5. IBC section 1010.1.5.

IBC section 1010.1.5 is amended by modifying exception 5 to read as follows:

Exterior decks, patios, or balconies that are part of Type B dwelling units, have impervious surfaces, and that are not more than 2 inches (50 mm) below the finished floor level of the adjacent interior space of the dwelling unit.

Subp. 5a. IBC section 1010.1.9.2.

The exception to IBC section 1010.1.9.2 is amended to read as follows:

Exception: The ingress side of access doors or gates in barrier walls and fences protecting pools, spas, and hot tubs shall be permitted to have operable parts of the latch release on self-latching devices at 54 inches (1370 mm) maximum above the finished floor or ground, provided that the self-latching devices are not also self-locking devices operated by means of a key, electronic opener, or integral combination lock. All hardware shall comply with Section 1010.1.9.6.

Subp. 6. IBC section 1010.1.9.4.

IBC section 1010.1.9.4 is amended to read as follows:

1010.1.9.4 Locks and latches. Locks and latches shall be permitted to prevent operation of doors where any of the following exists:

Places of detention or restraint.
In buildings in occupancy Group A having an occupant load of 300 or less, in buildings in occupancy Groups B, F, M, and S, and in places of religious worship, the main exterior door or doors are permitted to be equipped with key-operated locking devices from the egress side provided:

2.1. The locking device is readily distinguishable as locked.

2.2. A readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. The sign shall be in letters 1 inch (25 mm) high on a contrasting background.

2.3. The use of the key-operated locking device is revocable by the building official for due cause.

Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface-mounted hardware.
Doors from individual dwelling or sleeping units of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt, or security chain, provided such devices are openable from the inside without the use of a key or tool.
Fire doors, after the minimum elevated temperature has disabled the unlatching mechanism, in accordance with listed fire door test procedures.
Doors serving roofs not intended to be occupied shall be permitted to be locked preventing entry to the building from the roof.
Delayed egress locks, installed and maintained in conformance with Section 1010.1.9.8.
Controlled egress doors installed and maintained in accordance with Section 1010.1.9.7.
Electrically locked egress doors, installed and maintained in conformance with Section 1010.1.9.9 or 1010.1.9.10.
In rooms, other than detention cells, where occupants are being restrained for safety or security reasons, special detention arrangements that comply with the requirements of Section 1010.1.11 are permitted.
Means of egress stairway doors, installed and maintained in conformance with Section 1010.1.9.12.

Subp. 6a. IBC section 1010.1.9.7.

IBC section 1010.1.9.7 is amended to read as follows:

1010.1.9.7 Controlled egress doors in Group I-1, I-2, R-3, and R-4 occupancies. Controlled egress door locking systems, including electromechanical locking systems and electromagnetic locking systems, shall be permitted in Group I-1 Condition 2, I-2, R-3, and R-4 Condition 2 occupancies when a person's clinical needs require their containment. Controlled egress doors shall be permitted in these occupancies when the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 and an approved automatic smoke detection system installed in accordance with Section 907. Electric locking systems and controlled egress doors shall comply with the requirements in items 1 through 11 below.

The egress control locks shall unlock upon actuation of either the automatic sprinkler system or the automatic smoke-detection system within the means of egress served by the locked area.
The egress control locks shall unlock upon loss of power controlling the lock or lock mechanism.
The egress control locking system shall have the capability of being unlocked by a signal or switch from the fire-command center, a nursing station, or other approved location. The signal or switch shall directly break power to the lock.
A building occupant shall not be required to pass through more than one door equipped with a controlled egress lock before entering an exit.
The procedures for the operations of the unlocking system shall be described and approved as part of the emergency planning and preparedness required by Minnesota Rules, chapter 7511, the Minnesota State Fire Code.
All clinical staff shall have the keys, codes, or other means necessary to operate the controlled egress locking devices or systems.
Emergency lighting shall be provided at both sides of a door equipped with a controlled egress locking device.
24-hour resident or patient supervision is provided within the secured area.
The controlled egress locking devices are designed to fail in the open position.
Floor levels within the building or portion of the building with controlled egress locking devices shall be divided into at least two compartments by smoke barriers meeting the requirements of Section 709.
The controlled egress door locking system units shall be listed in accordance with UL 294.

Exceptions to items 1 through 11:

Items 1 through 4 shall not apply to doors to areas occupied by persons who, because of clinical needs, require restraint or containment as part of the function of a psychiatric treatment area.
Items 1 through 4 shall not apply to doors to areas where a listed egress control system is utilized to reduce the risk of child abduction from nursery and obstetric areas of a Group I-2 hospital.
Item 10 shall not apply to existing Group R-3 or R-4, Condition 1 occupancies where all of the following conditions apply: (i) the construction of smoke barrier compartmentation is not practical; (ii) existing sleeping rooms are provided with smoke-tight construction; and (iii) existing sleeping rooms have an emergency escape and rescue opening complying with Section 1030.

Subp. 7. IBC sections 1010.1.9.8 and 1010.1.9.8.1.

IBC sections 1010.1.9.8 and 1010.1.9.8.1 are amended to read as follows:

1010.1.9.8 Delayed egress door locks. Delayed egress locking systems shall be permitted to be installed on doors serving the following occupancies in buildings that are equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or an approved smoke detection system installed throughout the means of egress in accordance with Section 907.

Group B, F, I, M, R, S, and U occupancies.
Group E in locations where the means of egress does not serve an assembly use area.

Exception: Delayed egress locking systems shall be permitted to be installed on exit or exit access doors, other than the main exit or exit access door, serving a courtroom in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

1010.1.9.8.1 Delayed egress locking system. The delayed egress locking system shall be installed and operated in accordance with all of the following:

The delay electronics of the delayed egress locking system shall deactivate upon actuation of the automatic sprinkler system or automatic fire detection system, allowing immediate free egress.
The delay electronics of the delayed egress locking system shall deactivate upon loss of power controlling the lock or lock mechanism, allowing immediate egress.
The delayed egress locking system shall have the capability of being deactivated at the fire command center and other approved locations.
An attempt to egress shall initiate an irreversible process that shall allow such egress in not more than 15 seconds when a physical effort to exit of not more than 15 pounds (67 N) is applied to the egress side door hardware for not more than one second. Initiation of the irreversible process shall activate an audible signal in the vicinity of the door. Once the delay electronics have been deactivated from an approved location, relocking the delay electronics shall be by manual means only.

Exception to item 4: Where approved, a delay of not more than 30 seconds is permitted on a delayed egress door.

The egress path from any point shall not pass through more than one delayed egress locking system.

Exceptions to item 5:

In Group I-2 or I-3 occupancies, the egress path from any point in the building shall pass through not more than two delayed egress locking systems provided that the combined delay does not exceed 30 seconds.
In Group I-1 or I-4 occupancies, the egress path from any point in the building shall pass through not more than two delayed egress locking systems provided the combined delay does not exceed 30 seconds and the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
A sign shall be provided on the door and shall be located above and within 12 inches (305 mm) of the door exit hardware:

6.1. For doors that swing in the direction of egress, the sign shall read: PUSH UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS.

6.2. For doors that swing in the opposite direction of egress, the sign shall read: PULL UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS.

6.3. The sign shall comply with the visual character requirements in ICC A117.1.

Exception to item 6: Where approved, in Group I occupancies, the installation of a sign is not required where care recipients who because of clinical needs require restraint or containment as part of the function of the treatment area.

Emergency lighting shall be provided on the egress side of the door.
The delayed egress locking system units shall be listed in accordance with UL 294.

Subp. 7a. IBC section 1010.1.9.12.

IBC section 1010.1.9.12 is amended by revising exception 3 to read as follows:

In stairways serving not more than four stories, doors are permitted to be locked from the side opposite the egress side. The exit door is permitted to be locked but shall be operable from the egress side.

Subp. 8. IBC section 1010.1.

IBC section 1010.1 is amended by adding subsections as follows:

1010.1.11 Special detention arrangements. Special detention arrangements meeting the requirements of Sections 1010.1.11.1 through 1010.1.11.4 are permitted for rooms, other than cells, where the occupants are being restrained for safety or security reasons. The use of Sections 1010.1.11.1 through 1010.1.11.4 may be revoked by the fire code official or building official for due cause.

1010.1.11.1 Locking hardware. Locking devices shall release upon any of the following conditions:

Activation of the automatic sprinkler system.
Activation of any automatic fire detection device.
Activation of any automatic fire alarm system.
Loss of electrical power to the locking device or the fire alarm system.
Activation of the fire alarm trouble signal.
Operation of a manual switch located in an approved location.

All locking devices shall be designed to fail in the open position. Following the release of the locking devices for any of the conditions specified in items 1 through 6 above, relocking of the devices shall be by manual means only at the door.

1010.1.11.2 Fire-extinguishing system. When special detention arrangements are used, the room or area being secured shall be protected with quick-response sprinklers.

1010.1.11.3 Fire alarm and detection. When special detention arrangements are used, the room or area and spaces between the room or area and an exterior exit door shall be protected with automatic smoke detection connected to the building's fire alarm system. If the walls of the room or area do not extend to the ceiling, automatic smoke detection can be provided in the adjacent room or area, provided that there are no substantial obstructions to delay activation of the smoke detection.

1010.1.11.4 Door swing. Doors separating detention rooms from other spaces must swing in the direction of egress travel from the detention room.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1011 Section 1011, Stairways

Subpart 1. IBC section 1011.14.

IBC section 1011.14 is amended to read as follows:

1011.14 Alternating tread devices. Alternating tread devices are limited to an element of a means of egress in buildings of Groups F, H, and S from a mezzanine not more than 250 square feet (23 m2) in area and which serves not more than five occupants; and in buildings of Group I-3 from a guard tower, observation station, or control room not more than 250 square feet (23 m2) in area and for access to unoccupied roofs. Access to mechanical equipment or appliances on a roof shall be in accordance with Section 1208.3.1 and the Minnesota Mechanical Code.

(IBC Sections 1011.14.1, 1011.14.2, and the exception still apply.)

Subp. 2. IBC section 1011.15.

IBC section 1011.15 and all subsections are deleted in their entirety and replaced with the following:

1011.15 Ships ladders. Ships ladders constructed as required for permanent stairs in accordance with the Minnesota Mechanical Code, Minnesota Rules, part 1346.0306, subpart 1, amending IMC Section 306.5, shall be permitted to be used as a means of egress component at the following locations:

Ships ladders are permitted to be used in Group I-3 occupancies for means of egress at control rooms or elevated facility observation stations not more than 250 square feet (23 m2) in floor area.
Ships ladders are permitted to be used as a component for means of egress at recessed or elevated floors or platforms when the area served has an occupant load of five or fewer and the space meets all of the following criteria:

2.1 access to the area served is limited to building facilities staff, maintenance staff, employees, or other authorized personnel;

2.2 required access to the area served is limited and periodic;

2.3 the area served is used for building maintenance service functions, or for equipment access or monitoring;

2.4 the area served is not required to have a second means of egress by other provisions of this code; and

2.5 the area served is not classified as a Group H occupancy.

Ships ladders are permitted to be used for access to unoccupied spaces in accordance with the Minnesota Mechanical Code.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1013 [Renumbered 1305.1015]

[Renumbered 1305.1015]

Minn. R. 1305.1014 [Renumbered 1305.1017]

[Renumbered 1305.1017]

Minn. R. 1305.1015 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1017 [Renumbered 1305.1018]

[Renumbered 1305.1018]

Minn. R. 1305.1018 [Renumbered 1305.1020]

[Renumbered 1305.1020]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1019 [Renumbered 1305.1000, subp. 5]

[Renumbered 1305.1000, subp. 5]

Minn. R. 1305.1020 Section 1020, Corridors

Subpart 1. IBC Table 1020.1.

IBC Table 1020.1 is amended as follows:

a For requirements for occupancies in Group I-2, see Sections 407.2 and 407.3.

b For a reduction in the fire-resistance rating for occupancies in Group I-3, see Section 408.8.

c Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2, where allowed.

d Group R-3 and R-4 buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3. See Section 903.2.8 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.3.

Subp. 2. IBC section 1020.6.

IBC section 1020.6 is amended by modifying the exceptions to read as follows:

Exceptions:

Foyers, lobbies, or reception rooms constructed as required for corridors shall not be construed as intervening rooms if the aggregate area of these spaces does not exceed 1,000 square feet per floor.
Foyers, lobbies, or reception rooms that are more than 1,000 square feet per floor in aggregate area and other rooms or spaces that are constructed as required for corridors shall not be construed as intervening rooms when the rooms or spaces meet the following:

(a) The spaces are not occupied as dwelling units, sleeping units, incidental uses or hazardous uses.

(b) The rooms, spaces, or corridors are protected by an automatic smoke detection system that initiates alarm notification devices in all normally occupied rooms or spaces that use the corridor for a means of egress.

(d) Group R occupancies shall be provided with an automatic sprinkler system throughout to allow the use of exception #2.

Enclosed elevator lobbies as permitted by Section 1016.2, item 1, shall not be construed as intervening rooms.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.1022 [Renumbered 1305.1023]

[Renumbered 1305.1023]

Minn. R. 1305.1023 [Renumbered 1305.1024]

[Renumbered 1305.1024]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.1024 Section 1024, Exit Passageways

IBC section 1024.6 is amended to read as follows:

1024.6 Penetrations. Penetrations into or through an interior exit passageway are prohibited except for the following:

Equipment and ductwork necessary for independent ventilation or pressurization.
Fire protection systems.
Security systems that serve the exit passageway.
Wiring that serves the exit passageway.
Two-way communication systems that serve the exit passageway.
Electrical raceway for fire department communication systems.
Electrical raceway serving the exit passageway and terminating in a steel box not exceeding 16 square inches (0.010 m2).

Such penetrations shall be protected in accordance with Section 714. There shall not be penetrations or openings, whether protected or not, between adjacent interior exit stairways and ramps or adjacent exit passageways.

(The exception to Section 1024.6 is deleted.)

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.1025 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.1026 [Renumbered 1305.1029]

[Renumbered 1305.1029]

Minn. R. 1305.1028 [Renumbered 1305.1029]

[Renumbered 1305.1029]

Minn. R. 1305.1029 [Renumbered 1305.1030]

[Renumbered 1305.1030]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.1030 Section 1030, Emergency Escape and Rescue

Subpart 1. IBC section 1030.1.

IBC section 1030.1 is amended to read as follows:

1030.1 General. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies as follows. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.

Exceptions:

Basements with a ceiling height of less than 80 inches (2032 mm) and not used for purposes other than mechanical equipment or storage shall not be required to have emergency escape and rescue openings.
Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court, or exterior exit balcony that opens to a public way.
Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.
Emergency escape and rescue openings shall not be required under the following conditions:

a. the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2; and

b. the means of egress system complies without utilizing the single exit provisions under Section 1006.3.3.

In other than Group R-3 occupancies, sleeping rooms provided with a door to a fire-resistance-rated corridor having access to two remote exits in opposite directions.
The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404, provided the balcony provides access to an exit and the dwelling unit or sleeping unit has a means of egress that is not open to the atrium.
High-rise buildings in accordance with Section 403.
Basements in Group R-3 occupancies used only to house mechanical equipment that do not exceed a total floor area of 200 square feet (18.58 m2).

Subp. 2.

[Repealed, 44 SR 609]

Subp. 3.

[Repealed, 44 SR 609]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1100 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1101 Section 1101, General

IBC section 1101.1 is amended to read as follows:

1101.1 General. Buildings or portions of buildings shall be accessible to persons with disabilities as required by Minnesota Rules, chapter 1341. Refer to Minnesota Rules, chapter 1341, the Minnesota Accessibility Code, for the complete application of IBC Chapter 11.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 19 SR 1340; 23 SR 2042; 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1305.1200 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1202 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1203 [Renumbered 1305.1202]

[Renumbered 1305.1202]

Minn. R. 1305.1204 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

Minn. R. 1305.1207 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

Minn. R. 1305.1209 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1210 [Renumbered 1305.1209]

[Renumbered 1305.1209]

Minn. R. 1305.1300 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1350 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1355 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1305.1370 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1400 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1402 Section 1402, Performance Requirements

IBC section 1402.5 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.1403 [Renumbered 1305.1402]

[Renumbered 1305.1402]

Minn. R. 1305.1404 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 33 SR 1859; 39 SR 1605; 44 SR 609

Minn. R. 1305.1405 [Renumbered 1305.1404]

[Renumbered 1305.1404]

Minn. R. 1305.1500 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1502 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 40 SR 71; 44 SR 609

Minn. R. 1305.1503 [Renumbered 1305.1502]

[Renumbered 1305.1502]

Minn. R. 1305.1505 Fire Classification

IBC Table 1505.1 is amended by deleting footnote "a" from the table.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1305.1506 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.1507 Section 1507, Requirements for Roof Coverings

Subpart 1.

[Repealed, 32 SR 7]

Subp. 2.

[Repealed, 32 SR 7]

Subp. 3.

[Repealed, 32 SR 7]

Subp. 4.

[Repealed, 32 SR 7]

Subp. 5. Section 1507.10.1.

IBC section 1507.10.1 is amended to read as follows:

1507.10.1 Slope. Unless designed for water accumulation in accordance with Section 1611.2, built-up roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope) for drainage, except for coal-tar built-up roofs that shall have a design slope of a minimum one-eighth unit vertical in 12 units horizontal (1-percent slope).

Subp. 6. Section 1507.11.1.

IBC section 1507.11.1 is amended to read as follows:

1507.11.1 Slope. Unless designed for water accumulation in accordance with Section 1611.2, modified bitumen membrane roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope) for drainage.

Subp. 7. Section 1507.12.1.

IBC section 1507.12.1 is amended to read as follows:

1507.12.1 Slope. Unless designed for water accumulation in accordance with Section 1611.2, thermoset single-ply membrane roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope) for drainage.

Subp. 8. Section 1507.13.1.

IBC section 1507.13.1 is amended to read as follows:

1507.13.1 Slope. Unless designed for water accumulation in accordance with Section 1611.2, thermoplastic single-ply membrane roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope) for drainage.

Subp. 9. Section 1507.14.1.

IBC section 1507.14.1 is amended to read as follows:

1507.14.1 Slope. Unless designed for water accumulation in accordance with Section 1611.2, sprayed polyurethane foam roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope) for drainage.

Subp. 10. Section 1507.15.1.

IBC section 1507.15.1 is amended to read as follows:

1507.15.1 Slope. Unless designed for water accumulation in accordance with Section 1611.2, liquid-applied roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope).

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1305.1509 [Renumbered 1305.1510]

[Renumbered 1305.1510]

Minn. R. 1305.1510 [Renumbered 1305.1511]

[Renumbered 1305.1511]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.1511 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4; 44 SR 609

Minn. R. 1305.1590 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1600 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1604 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

Minn. R. 1305.1607 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 7]

Subp. 2.

[Repealed, 44 SR 609]

Subp. 3.

[Repealed, 44 SR 609]

Minn. R. 1305.1608 Section 1608, Snow Loads

Subpart 1. IBC section 1608.2.

IBC section 1608.2 is amended to read as follows:

1608.2 Ground snow loads. The ground snow loads to be used in determining the design snow loads for buildings and other structures are given in Minnesota Rules, chapter 1303.

Subp. 2. IBC Figure 1608.2.

IBC Figure 1608.2 on GROUND SNOW LOADS, pg, FOR THE UNITED STATES (PSF) is deleted.

Subp. 3.

[Repealed, 32 SR 7]

History

Statutory Authority: MS s 16B.59; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

[Repealed, 32 SR 7; 39 SR 1605]

Subp. 2.

[Repealed, 39 SR 1605]

Subp. 3.

[Repealed, 32 SR 7; 39 SR 1605]

Subp. 4.

[Repealed, 39 SR 1605]

Minn. R. 1305.1705 Section 1705, Required Verification and Inspection

Subpart 1. IBC Table 1705.3.

IBC Table 1705.3 is amended as follows:

A. Add "Xc" to the "Periodic" column, row "7. Inspection of concrete and shotcrete placement for proper application techniques."

B. Add footnote "c." to read as follows: c. Exception: Periodic verification and inspection is permitted, upon approval of the structural engineer of record and the building official.

Subp. 2. IBC section 1705.4.

IBC section 1705.4 is amended by adding the following sentence to the end of the section: "Periodic verification and inspection of grout placement is permitted, upon approval of the structural engineer of record and the building official."

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605

[Repealed, 32 SR 7]

Subp. 2.

[Repealed, 32 SR 7]

Subp. 3.

[Repealed, 32 SR 7]

Subp. 4.

[Repealed, 39 SR 1605]

Subp. 5.

[Repealed, 39 SR 1605]

Subp. 6. IBC section 1805.4.3.

IBC section 1805.4.3 is amended to read as follows:

1805.4.3 Drain discharge. The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into a trapped area drain, sump, dry well, or other approved location above the ground.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605

Minn. R. 1305.1806 [Repealed, 32 SR 7]

[Repealed, 32 SR 7]

Minn. R. 1305.1807 [Repealed, 39 SR 1605]

[Repealed, 39 SR 1605]

Minn. R. 1305.1809 Section 1809, Shallow Foundations

IBC section 1809.5 is amended to read as follows:

1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:

extending below the frost line specified in Minnesota Rules, part 1303.1600;
constructing in accordance with ASCE 32; or
erecting on solid rock.

Exception: Freestanding buildings constructed in accordance with Minnesota Rules, chapter 1303, shall not be required to be protected.

Shallow foundations shall not bear on frozen soil.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605

Minn. R. 1305.1900 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.1904 Section 1904, Durability Requirements

IBC section 1904.3 is amended to read as follows:

1904.3 Corrosion protection. Where bonded reinforcing and pre-stressing steel is located in concrete assigned to Exposure Class F3 or Exposure Class C2, the steel shall be protected from corrosion by one of the following methods:

impermeable barrier;
epoxy coating in accordance with ACI 318; or
hot dipped galvanizing in accordance with ACI 318.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

IBC Table 2308.6.1, Wall Bracing Requirements, is amended to read as follows:

TABLE 2308.6.1a

WALL BRACING REQUIREMENTS

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm

NP = Not permitted

a This table specifies minimum requirements for braced wall panels along interior or exterior braced wall lines.

b See section 2308.6.3 for full description of bracing methods.

c For method GB, gypsum wallboard applied to framing supports that are spaced at 16 inches on center.

d The required lengths shall be doubled for gypsum board applied to only one face of a braced wall panel.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 44 SR 609

Minn. R. 1305.2320 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

Minn. R. 1305.2326 [Renumbered 1305.2320]

[Renumbered 1305.2320]

Minn. R. 1305.2400 [Repealed, 15 SR 74]

[Repealed, 15 SR 74]

Minn. R. 1305.2500 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.2510 Section 2510, Lathing and Furring for Cement Plaster (stucco)

IBC section 2510.6 is amended to read as follows:

2510.6 Water-resistive barriers. Water-resistive barriers shall be installed as required in Section 1403.2 and, where applied over wood-based sheathing, shall include a water-resistive, vapor-permeable barrier with a performance at least equivalent to two layers of Grade D paper.

Exception: Where the water-resistive barrier that is applied over wood-based sheathing has a water resistance equal or greater than that of 60-minute Grade D paper and is separated from the stucco by an intervening, substantially non-water-absorbing layer or drainage space.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.2600 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.2603 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

Minn. R. 1305.2700 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.2702 Section 2702, Emergency and Standby Power Systems

IBC section 2702.1.3 is amended to read as follows:

2702.1.3 Installation. Emergency and standby power systems shall be installed in accordance with Minnesota Rules, chapter 1315.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4; 44 SR 609

Minn. R. 1305.2800 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.2900 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.2902 Section 2902, Minimum Plumbing Facilities

Subpart 1. IBC section 2902.1.

IBC section 2902.1 is amended to read as follows:

2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the building official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3.

Exception: When approved by the building official, buildings or structures that are normally unoccupied, such as picnic shelters, amphitheaters, small transit stop stations, cold-storage buildings, utility sheds, warming houses, kiosks, concession stands and similar structures, need not be provided with restroom facilities.

Subp. 1a.

[Repealed, 44 SR 609]

Subp. 2. IBC Table 2902.1, Minimum number of required plumbing fixtures.

A. The body of IBC Table 2902.1 is amended as follows: 1. Add footnote "l" to the No. 1, Assembly Classification, "Stadiums, amusement parks, bleachers, and grandstands for outdoor sporting events and activities" description of the table. 2. Add footnotes "g," "h," "i," and "j" to the "Drinking Fountains" heading in the table. 3. Add footnote "k" to the "Water Closets" heading in the table. 4. In No. 5, Institutional Classification, delete the requirement for a bathtub or shower fixture from adult day care and child day care.

B. The footnotes to IBC Table 2902.1 are amended to read as follows: a The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by this code. b Toilet facilities for employees shall be separate from facilities for inmates or care recipients. c A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient rooms shall be permitted where the room is provided with direct access from each patient room and with provisions for privacy. d The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required. e For business and mercantile classifications with an occupant load of 50 or fewer, a service sink shall not be required. f The required number and type of plumbing fixtures for swimming pools shall be in accordance with Minnesota Rules, part 4717.3650. g The minimum number of required drinking fountains shall comply with Table 2902.1 and Minnesota Rules, chapter 1341. h A drinking fountain shall not be required in buildings or tenant spaces having an occupant load of less than 50. i Where water is served in restaurants, drinking fountains shall not be required. j Water or other beverages available through free or fee-based serving or dispensers may be substituted for up to 50 percent of the required number of drinking fountains. k In each bathroom or toilet room, urinals shall not be substituted for more than 67 percent of the required water closets. l Permanent facilities located either on site or available in an adjacent building or portable temporary facilities available on site during times when the stadium or grandstand is in use may be used.

Subp. 3. IBC section 2902.2.

IBC section 2902.2 is amended to read as follows:

2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.

Exceptions:

Separate facilities shall not be required for dwelling units and sleeping units.
Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or less.
Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less.

Subp. 4. IBC section 2902.6.

IBC section 2902 is amended by adding a subsection to read as follows:

2902.6 Controlled access to required facilities. Sanitation facilities required by this chapter may have controlled access, but in all cases shall be maintained available for utilization by those employees, customers, or patrons used to calculate the minimum required facilities.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605; 44 SR 609

Minn. R. 1305.3000 [Repealed, 15 SR 74]

[Repealed, 15 SR 74]

Minn. R. 1305.3001 [Repealed, 27 SR 1474]

[Repealed, 27 SR 1474]

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.3002 Section 3002, Hoistway Enclosures

Subpart 1. IBC section 3002.3.

IBC section 3002.3 is amended as follows:

3002.3 Emergency signs. An approved pictorial sign of a standardized design shall be posted adjacent to each elevator call station on all floors instructing occupants to use the exit stairways and not to use the elevators in case of fire. The sign shall be as illustrated in ASME A17.1, Figure 2.27.9.

(The exceptions remain unchanged.)

Subp. 2. IBC section 3002.4.

IBC section 3002.4 is amended to read as follows:

3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings four or more stories above grade plane or four or more stories below grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches (610 mm by 2133.5 mm) with not less than 5-inch (127 mm) radius corners, in the horizontal, open position. The emergency access elevator shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than three inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame at each floor level.

Exception: When approved by the authority having jurisdiction, in passenger elevators to be installed in existing buildings where existing hoistway configuration or technical infeasibility prohibits strict compliance with the minimum inside car size, the minimum inside car area may be reduced to not less than 48 inches by 48 inches.

Subp. 3. IBC section 3002.6.

IBC section 3002.6 is amended to read as follows:

3002.6 Prohibited doors. Doors, other than hoistway doors, elevator car doors, and smoke control doors, when required, shall be prohibited at the point of access to an elevator car. Smoke control doors shall be:

held open during normal operation by a "hold-open" device that is activated for closure by fire- or smoke-sensing devices located in the elevator lobby or its immediate vicinity; and
readily openable from inside the car without a key, tool, special knowledge, or effort when closed.

Subp. 4. IBC section 3002.9.

IBC section 3002.9 is amended to read as follows:

3002.9 Plumbing and mechanical systems. Plumbing and mechanical systems installed within elevator hoistways shall be provided in accordance with the following:

3002.9.1 Plumbing systems. Plumbing systems in hoistways shall be limited to and provided in accordance with Minnesota Rules, chapter 1307.

3002.9.2 Mechanical systems. Mechanical systems and mechanical components in hoistways shall be limited to those serving the hoistway. Mechanical systems serving the hoistway shall not serve other portions of the building.

(The exception is deleted.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.3003 Section 3003, Emergency Operations

Subpart 1. IBC section 3003.1.1.

IBC section 3003.1.1 is modified to read:

3003.1.1 Manual transfer. At elevator locations where standby power is required, standby power shall be manually transferable to all elevators in each bank. Standby power shall not be transferred from elevator banks where standby power is required to elevator banks where standby power is not required.

Subp. 2. IBC section 3003.1.3.

IBC section 3003.1.3 is modified to read:

3003.1.3 Two or more elevators. Where two or more elevators are controlled by a common operating system, where standby power is required, all elevators controlled by that common operating system shall automatically transfer to standby power within 60 seconds after failure of normal power where the standby power source is of sufficient capacity to operate all elevators at the same time. Where the standby power source is not of sufficient capacity to operate all elevators at the same time, the elevators shall operate according to ASME A17.1/CSA B44-2016 2.27.2.

History

Statutory Authority: MS s 326B.02
History: 44 SR 609

Minn. R. 1305.3030 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

Minn. R. 1305.3100 [Repealed, 15 SR 74]

[Repealed, 15 SR 74]

Minn. R. 1305.3109 Section 3109, Swimming Pool Enclosures and Safety Devices

IBC section 3109 is deleted in its entirety.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 1605

Minn. R. 1305.3111 Section 3111, Solar Energy Systems

Subpart 1. IBC section 3111.1.

IBC section 3111.1 and its subsections are amended to read as follows:

3111.1 General. Solar energy systems shall comply with the requirements of this section.

Exception: Buildings regulated by Minnesota Rules, chapter 1309, the Minnesota Residential Code.

3111.1.1 Wind resistance. Rooftop-mounted photovoltaic panels and modules and solar thermal collectors shall be designed in accordance with Section 1609.

3111.1.2 Roof live load. Roof structures that provide support for solar energy systems shall be designed in accordance with Section 1607.13.5.

3111.1.3 Roof access points. Roof access points shall meet all the following criteria:

Roof access points shall be located where fire departments have ground access.
Roof access points shall be located in areas that do not require the placement of fire department ground ladders over openings such as windows or doors.
Roof access points shall be located at strong points of building construction capable of supporting emergency responders.
Roof access points shall be in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.
Each roof access point shall be provided with a landing on the roof side not less than six feet in each direction. The landing shall be free and clear of obstructions such as vent pipes, conduit, and mechanical and electrical equipment.
Roof access point landings on roofs with slopes greater than two units vertical in 12 units horizontal (2:12) shall be positioned with direct access to a pathway to ridge.
Each solar array or grouping of arrays shall have not less than two roof access points spaced not closer than 1/3 the diagonal dimension of the array or arrays served.

3111.1.4. When solar photovoltaic panels are installed on any building or site, the licensed design professional shall notify the fire code official.

Subp. 2. IBC section 3111.3.

IBC section 3111.3 is amended to read as follows:

3111.3 Photovoltaic solar energy systems. Solar photovoltaic energy systems shall be designed and installed in accordance with this section, the Minnesota State Fire Code, the Minnesota Electrical Code, and the manufacturer's instructions.

Exception: Solar photovoltaic power systems installed on detached, nonhabitable Group U structures including parking shade structures, carports, solar trellises, and similar structures need only comply with the Minnesota Fire Code, the Minnesota Electrical Code, and the manufacturer's instructions.

(Subsections 3111.3.1, 3111.3.2, and 3111.3.3 remain unchanged.)

Subp. 3. IBC section 3111.3.4.

IBC section 3113.3.4 and its subsections are amended to read as follows:

3111.3.4 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections 3111.3.4.1 through 3111.3.4.2.3. Pathways shall be over areas capable of supporting firefighters accessing the roof. Pathways shall be located in areas without obstructions such as vent pipes, conduit, and mechanical and electrical equipment.

Exceptions:

Detached, nonhabitable Group U structures including but not limited to detached garages serving Group R-3 buildings, parking shade structures, carports, solar trellises, and similar structures.
Roof access, pathways, and spacing requirements need not be provided where the fire code official has determined that rooftop operations will not be employed.

3111.3.4.1 Solar photovoltaic systems for roof slopes greater than two units vertical in 12 units horizontal (2:12). Solar photovoltaic systems for buildings with roof slopes greater than two units vertical in 12 units horizontal (2:12) shall comply with Sections 3111.3.4.1.1 through 3111.3.4.1.3.

3111.3.4.1.1 Pathways to ridge. Not fewer than two 36-inch-wide pathways on separate roof planes, from the lowest roof edge to ridge, shall be provided on all buildings. Pathways shall be provided at intervals not greater than 150 feet throughout the length and width of the roof. Not fewer than one pathway shall be provided on the street or driveway side, or fire-department-access side of the roof. For each roof plane with a photovoltaic array, not fewer than one 36-inch-wide pathway from lowest roof edge to ridge shall be provided on the same roof plane as the photovoltaic array, on an adjacent roof plane, or straddling the same and adjacent roof planes.

3111.3.4.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge. For photovoltaic arrays occupying more than 33 percent of the plan view total roof area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal ridge.

3111.3.4.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is installed within the building, setbacks at the ridge shall conform to one of the following criteria:

For photovoltaic arrays occupying 66 percent or less of the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge.
For photovoltaic arrays occupying more than 66 percent of the plan view total roof area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal ridge.

3111.3.4.1.4 Emergency escape and rescue openings. Panels and modules installed on Group R buildings shall not be placed on the portion of a roof that is below an emergency escape and rescue opening. A pathway of not less than 36 inches (914 mm) wide shall be provided from the roof edge to the emergency escape and rescue opening.

3111.3.4.2 Solar photovoltaic systems for roofs with slopes of two units vertical in 12 units horizontal or less. Access to systems for buildings with roofs with slopes of two units vertical in 12 units horizontal (2:12) or less, shall be provided in accordance with Sections 3111.3.4.2.1 through 3111.3.4.2.3.

3111.3.4.2.1 Perimeter pathways. There shall be a minimum six-foot-wide (1,829 mm) clear perimeter around the edges of the roof.

Exception: Where either axis of the building is 250 feet (76,200 mm) or less, the clear perimeter around the edges of the roof shall be permitted to be reduced to a minimum width of four feet (1219 mm).

3111.3.4.2.2 Interior pathways. Interior pathways shall be provided between array sections to meet the following requirements:

Pathways shall be provided at intervals not greater than 150 feet (45,720 mm) throughout the length and width of the roof.
A pathway of not less than four feet (1219 mm) wide in a straight line to roof standpipes or ventilation hatches.
A pathway not less than four feet (1219 mm) wide around roof access hatches, with not fewer than one such pathway to a parapet or roof edge.
A pathway not less than four feet (1219 mm) wide from the perimeter pathway to an emergency escape and rescue opening located above the roof.

3111.3.4.2.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements:

Where non-gravity-operated smoke and heat vents occur, a pathway not less than four feet (1219 mm) wide shall be provided bordering all sides.
Smoke ventilation options between array sections shall be one of the following:

2.1 A pathway not less than eight feet (2438 mm) wide.

2.2 Where gravity-operated dropout smoke and heat vents occur, a pathway not less than four feet (1219 mm) wide on at least one side.

2.3 A pathway not less than four feet (1219 mm) wide bordering four-foot by eight-foot (1,219 mm by 2438 mm) venting cutouts every 20 feet (6096 mm) on alternating sides of the pathway.

Subp. 4. IBC section 3111.3.5.

IBC section 3111.3.5 is amended to read as follows:

3111.3.5 Ground-mounted photovoltaic panel systems. Ground-mounted photovoltaic panel systems shall comply with this section and Section 3111.1. Setback requirements shall not apply to ground-mounted, freestanding photovoltaic arrays. A clear, brush-free area of ten feet (3048 mm) shall be required for ground-mounted photovoltaic arrays.

Subp. 5. IBC section 3111.3.6.

IBC section 3111.3 is amended by adding subsection 3111.3.6 with subsections, and Figures 3111.3.6.1(1) and 3111.3.6.1(2), to read as follows:

3111.3.6 Buildings with rapid shutdown. Buildings with rapid shutdown solar photovoltaic systems shall have permanent labels in accordance with Sections 3111.3.6.1 through 3111.3.6.3.

3111.3.6.1 Rapid shutdown type. The type of solar photovoltaic system rapid shutdown shall be labeled with one of the following:

For solar photovoltaic systems that shut down the array and the conductors leaving the array, a label shall be provided. The first two lines of the label shall be uppercase characters with a minimum height of 3/8-inch (10 mm) in black on a yellow background. The remaining characters shall be uppercase with a minimum height of 3/16-inch (5 mm) in black on a white background. The label shall be in accordance with Figure 3111.3.6.1(1) and state the following:

SOLAR PV SYSTEM EQUIPPED WITH RAPID SHUTDOWN. TURN RAPID SHUTDOWN SWITCH TO THE "OFF" POSITION TO SHUT DOWN PV SYSTEM AND REDUCE SHOCK HAZARD IN ARRAY.

For photovoltaic systems that only shut down conductors leaving the array, a label shall be provided. The first two lines of the label shall be uppercase characters with a minimum height of 3/8-inch (10 mm) in white on a red background. The remaining characters shall be capitalized with a minimum height of 3/16-inch (5 mm) in black on a white background. The label shall be in accordance with Figure 3111.3.6.1(2) and state the following:

THIS SOLAR PV SYSTEM EQUIPPED WITH RAPID SHUTDOWN. TURN RAPID SHUTDOWN SWITCH TO THE "OFF" POSITION TO SHUT DOWN CONDUCTORS OUTSIDE THE ARRAY. CONDUCTORS WITHIN ARRAY REMAIN ENERGIZED IN SUNLIGHT

Figure 1204.5.1(1) of the 2018 IFC is incorporated by reference and renumbered Figure 3111.3.6.1(1).

Figure 1204.5.1(2) of the 2018 IFC is incorporated by reference and renumbered Figure 3111.3.6.1(2).

3111.3.6.1.1 Diagram. The labels in Section 3111.3.6.1 shall include a simple diagram of a building with a roof. Diagram sections in red signify sections of the solar photovoltaic system that are not shut down when the rapid shutdown switch is turned off.

3111.3.6.1.2 Location. The rapid shutdown label in Section 3111.3.6.1 shall be located not greater than 3 feet (914 mm) from the service disconnecting means to which the photovoltaic systems are connected, and shall indicate the location of all identified rapid shutdown switches if not at the same location.

3111.3.6.2 Buildings with more than one rapid shutdown type. Solar photovoltaic systems that contain rapid shutdown in accordance with Section 3111.3.6.1, items 1 and 2, or solar photovoltaic systems where only portions of the systems on the building contain rapid shutdown, shall provide a detailed plan view diagram of the roof showing each different photovoltaic system and a dotted line around areas that remain energized after the rapid shutdown switch is operated.

3111.3.6.3 Rapid shutdown switch. A rapid shutdown switch shall have a label located not greater than 3 feet (914 mm) from the switch that states the following:

RAPID SHUTDOWN SWITCH FOR SOLAR PV SYSTEM

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.3112 [Renumbered 1305.3114]

[Renumbered 1305.3114]

Minn. R. 1305.3113 Section 3113, Relocatable Buildings

IBC sections 3113.1 through 3113.4 are deleted in their entirety and replaced with the following:

3113.1 Relocatable buildings. Relocatable buildings shall comply with Minnesota Rules, chapter 1361.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609

Minn. R. 1305.3114 Section 3114, Window Cleaning Safety Features

IBC chapter 31 is amended by adding a new section to the chapter:

SECTION 3114

WINDOW CLEANING SAFETY FEATURES

3114.1 Window cleaning safety features. Windows shall be provided with a safe window cleaning method in accordance with ANSI/IWCA I-14.1 and with building and site development features applicable to that safe cleaning method.

3114.1.1 Windows with glazing 38 feet or higher. Windows with glazing 38 feet or higher above an associated work surface shall be provided with equipment as identified in sections 3114.3 or 3114.4.

Exception: Buildings where the glazing in windows is located 60 feet or less above an associated work surface and directly below a roof that has a slope 4 units vertical in 12 units horizontal or greater shall be permitted to comply with section 3114.2.

3114.1.2 Existing buildings with glazing 38 feet or higher. Existing buildings with glazing 38 feet or higher and undergoing alterations shall be required to comply with this section where both of the following conditions are met:

(1) the existing building is not currently provided with a method for safe window cleaning; and

(2) the alteration includes exposure of the primary structural frame of the roof.

3114.2 Manually propelled mobile scaffolds and mobile elevating work platforms. Manually propelled mobile scaffolds and mobile elevating work platforms shall comply with the equipment manufacturer's recommendations for height limitations, working surface, and equipment access.

3114.3 Roof anchorage, wall anchorage, and anchor points at structural members for use of manual swinging scaffolds, boatswain's chairs, and rope descent systems. Buildings where safe window cleaning methods use swinging scaffolds, boatswain's chairs, and rope descent systems shall be equipped with roof anchors, wall anchors, or anchor points at structural members in compliance with this section.

3114.3.1 Anchor point working surface. Each anchor location shall be provided with an anchor point working surface not less than 30 inches deep and 30 inches wide, with a slope not greater than 4 units vertical in 12 units horizontal and a vertical clearance of not less than 80 inches.

3114.3.1.2 Access to anchor point working surface. An accessway that is continuous from the public way to the anchor point working surface shall be provided that consists of one or both of the following components:

An accessway with solid flooring that shall not be less than 6 feet in height and 24 inches in width for its entire length. Where the slope of the accessway is greater than 4 units vertical in 12 units horizontal, fall restraint shall be provided in accordance with section 3114.3.2.

Exception to item 1: A portion of an accessway may be reduced to 30 inches high and 22 inches wide with a slope not greater than 1 unit vertical in 12 units horizontal for a total distance not exceeding 20 feet in length.

Vertical access along the accessway shall comply with the requirements for mechanical equipment and appliances on roofs or elevated structures in Minnesota Rules, chapter 1346.

3114.3.2 Fall restraint. Fall restraint anchorage connector devices compliant with ANSI/ASSE Z 359.1 shall be installed along the accessway to each anchor working surface where the accessway is 10 feet or less from the roof edge or where the slope of the accessway exceeds 4 units vertical in 12 units horizontal.

Exception: Where guards are installed extending not less than 6 feet beyond the working surface on the fall hazard side.

3114.3.3 Roof anchorage points. Buildings shall be equipped with roof anchors at each location where safe window cleaning methods use swinging scaffolds, boatswain's chairs, and rope descent systems. Roof anchors shall conform to ANSI/IWCA I14.1 Standard for Window Cleaning Safety, sections 9 and 17. Anchor designs shall be certified by a licensed structural engineer.

3114.3.3.1 Anchor point working surface access to working surface. Each anchor location shall be provided with an anchor point working surface in accordance with section 3114.3.1.

3114.3.3.2 Access to anchor point working surface. Access to the anchor point working surface shall be provided in accordance with section 3114.3.1.2.

3114.3.3.3 Fall restraint. Fall restraint anchorage connector devices shall comply with section 3114.3.2.

3114.3.4 Wall anchorage. Wall anchors shall comply with sections 3114.3.4.1 through 3114.3.4.4.

3114.3.4.1 Capacity. Anchorages shall be capable of sustaining a 5000 pound (2268 kg) minimum load or a minimum 4-to-1 safety factor, whichever is greater, in any direction that a load may be applied.

3114.3.4.2 Adhered fasteners. Anchorages using adhesive fasteners (epoxy anchors) to a structure shall have a minimum of two fasteners per anchorage.

3114.3.4.3 Materials or finishes. Anchorages which have a surface permanently concealed from view shall be made of corrosion resistant steel or of an approved noncorrosive, nonmetallic material constructed to withstand equipment impact loads and physical abrasion.

3114.3.4.4 Positioning. Anchorages shall be unobstructed and located behind and in line with the equipment or portion of the building they are intended to service and shall be free of sharp edges to prevent damage to appurtenances attached to them.

3114.3.4.5 Anchor point working surface. Each anchor location shall be provided with an anchor point working surface in accordance with section 3114.3.1.

3114.3.4.6 Access to anchor point working surface. Access to the anchor point working surface shall be provided in accordance with section 3114.3.1.2.

3114.3.4.7 Fall restraint. Fall restraint anchorage connector devices shall comply with section 3114.3.2.

3114.3.5 Anchorage to certified structural members. Anchor points at structural members shall comply with sections 3114.3.5.1 through 3114.3.5.4. The structural member where an anchor point is installed shall be certified by a licensed structural engineer for anchor use.

3114.3.5.1 Anchorage points. Anchorage points at certified structural members at locations where safe window cleaning methods use swinging scaffolds, boatswain's chairs, and rope descent systems shall be designed to comply with ANSI/IWCA I14.1 Standard for Window Cleaning Safety. The anchor points at structural members and anchor designs shall be certified by a licensed structural engineer.

3114.3.5.2 Anchor point working surface. Each anchor location shall be provided with an anchor point working surface in accordance with section 3114.3.1.

3314.3.5.3 Access to anchor point working surface. Access to the anchor point working surface shall be provided in accordance with section 3114.3.1.2.

3114.3.5.4 Fall restraint. Fall restraint anchorage connector devices shall comply with section 3114.3.2.

3114.4 Permanently installed powered platforms. Buildings where safe window cleaning methods use permanently installed powered platforms shall comply with this section. The installation shall be certified by a licensed structural engineer.

3114.4.1 Working surface. Each powered platform location shall be provided with a working surface not less than 30 inches wide and not less than the service length of the powered platform. The slope of the working surface shall not be greater than 1 unit vertical in 12 units horizontal and a vertical clearance of not less than 80 inches.

3114.4.2 Access. An accessway that is continuous from the public way to each powered platform working surface shall be provided that consists of one or both of the following components:

An accessway with solid flooring that shall be not less than 6 feet high and 24 inches wide for its entire length. Where the slope of the accessway is greater than 4 units vertical in 12 units horizontal, fall restraint shall be provided in accordance with section 3114.4.3.

Exception to item 1: A portion of an accessway may be reduced to less than 30 inches high and 22 inches wide with a slope not greater than 1 unit vertical in 12 units horizontal for a total distance not exceeding 20 feet in length.

Vertical access along the accessway shall comply with the requirements for mechanical equipment and appliances on roofs or elevated structures in Minnesota Rules, chapter 1346.

3114.4.3 Fall restraint. Fall restraint anchorage connector devices compliant with ANSI/ASSE Z 359.1 shall be installed along the accessway to each powered platform working surface where the accessway is 10 feet or less from the roof edge or where the slope of the accessway exceeds 4 units vertical in 12 units horizontal, or guards shall be installed extending not less than 6 feet beyond the working surface on the fall hazard side.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1605; 44 SR 609; 49 SR 963

Minn. R. 1305.3200 [Repealed, 15 SR 74]

[Repealed, 15 SR 74]

Minn. R. 1305.3300 [Repealed, 15 SR 74]

[Repealed, 15 SR 74]

Minn. R. 1305.3302 Section 3302, Construction Safeguards

IBC section 3302 is amended by adding a subsection to read as follows:

3302.4 Construction barriers. Where construction, remodeling, or demolition is taking place involving the use of cutting and welding, temporary heating with open flames, or flammable liquid fueled equipment, such areas shall be separated from occupied areas of a building by materials that will resist the spread of fire and smoke as specified for draftstopping materials in IBC Section 718.3.1.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 1605

Minn. R. 1305.3305 Section 3305, Sanitary

IBC section 3305 is deleted.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1474; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1305.3400 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Minn. R. 1305.3401 [Repealed, 44 SR 609]

[Repealed, 44 SR 609]

Minn. R. 1305.3500 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 27 SR 1474; 32 SR 7; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 36 SR 1479; 39 SR 1605; 44 SR 609

Chapter 1306 SPECIAL FIRE PROTECTION SYSTEMS

Minn. R. 1306.0010 General

This chapter authorizes optional provisions for the installation of on-premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code. If the municipality adopts them, the sprinkler system requirements of this chapter become part of the State Building Code and are applicable throughout the municipality. This chapter, if adopted, must be adopted without amendment.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0020 Municipal Option

Subpart 1. Requirement.

The sprinkler system requirements of this chapter, if adopted, must be adopted with the selection of either subpart 2 or 3, without amendment.

Subp. 2. Existing and new buildings.

Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D.

Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A to D.

Subp. 3. New buildings.

Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; 32 SR 6; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0030 Requirements

For purposes of this chapter, area separation, fire barriers, or fire walls do not establish separate buildings. Gross square footage (gsf) means the floor area as defined in the International Building Code. The floor area requirements established in items A to D are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise:

A. Group A-1, A-2, A-3, and A-4 occupancies; Exception: air inflated structures, and open picnic shelters.

B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height; Exception: S-2 open parking garages, aircraft hangars, salt storage sheds, and group "M" detached canopies.

C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or more stories in height;

D. Group E day care occupancies with an occupant load of 30 or more.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; 32 SR 6; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0040 Standard

Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available, the building official and fire chief shall approve the use of an alternate on-site source of water if the alternate source provides protection that is comparable to that provided by a public water supply. If an adequate alternate water supply sufficient for hose stream requirements is provided or available, the building official and fire chief may permit the water supply requirements for the hose stream demands to be modified.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0050 Substitute Construction

The installation of an automatic sprinkler system, as required by this chapter, would still allow the substitution of one-hour fire-resistive construction as permitted by the International Building Code, Table 601, footnote d.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0060 Exemption

The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the application of water has been demonstrated to constitute a serious life, fire, or environmental hazard, or if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0070 Reporting

A municipality must submit a copy of the ordinance adopting this chapter to the Department of Labor and Industry, Construction Codes and Licensing Division. The ordinance does not go into effect until:

A. a signed electronic, faxed, or paper copy of the ordinance has been received by the division; and

B. the ordinance has been approved by the division. An ordinance is deemed automatically approved by the division if the municipality has not been informed that the ordinance has not been approved within ten working days of the division's receipt of the ordinance.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; 32 SR 6; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1306.0100 [Repealed, 27 SR 1479]

[Repealed, 27 SR 1479]

Minn. R. 1307.0005 Title

This chapter is known and may be cited as the "Elevators and Related Devices." As used in this chapter, "the code" and "this code" refer to this chapter.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.101 to 326B.194
History: 23 SR 2051; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1307.0010 Purpose and Scope

The provisions of parts 1307.0010 to 1307.0110 are to safeguard life, limb, property, and public welfare by establishing minimum requirements relating to the design, construction, installation, alteration, repair, removal, and operation and maintenance of passenger elevators, freight elevators, handpowered elevators, dumbwaiters, escalators, moving walks, vertical reciprocating conveyors, stage and orchestra lifts, endless belt lifts, wheelchair lifts, and other related devices. The requirements for the enforcement of these provisions are established by this chapter, and by municipal option, according to Minnesota Statutes, section 326B.184, subdivision 4.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.02; 326B.101 to 326B.194
History: 15 SR 70; 23 SR 2051; 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 91

Minn. R. 1307.0015 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 1307.0020 Codes Adopted by Reference

Subpart 1. Incorporation by reference.

The following are incorporated by reference, are not subject to frequent change, are available in the office of the commissioner of labor and industry, and are made part of the Minnesota State Building Code as amended in this chapter:

A. ASME A17.1/CSA B44-2016 Safety Code for Elevators and Escalators;

B. ASME A17.3-2015 Safety Code for Existing Elevators and Escalators;

C. ASME A17.5-2014 Elevator and Escalator Electrical Equipment;

D. ASME A17.7/CSA B44.7-2007 Performance-Based Safety Codes for Elevators and Escalators;

E. ASME A18.1-2017 Safety Standard for Platform Lifts and Stairway Chairlifts;

F. ASME A90.1-2015 Safety Standard for Belt Manlifts;

G. ASME B20.1-2015 Safety Standard for Conveyors and Related Equipment as published by the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, New York 10017.

Subp. 2.

[Repealed, 23 SR 2051]

Subp. 3. Emergency personnel.

ASME A17.4-2015 Guide for Emergency Personnel is the reference document for emergency personnel.

Subp. 4. Building Code elevator and conveying systems provisions.

Chapter 30 of the 2018 International Building Code is incorporated by reference, as amended in Minnesota Rules, chapter 1305, the Minnesota Building Code.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.02; 326B.101 to 326B.194; 326B.106; 326B.187
History: 15 SR 70; 23 SR 2051; 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 91; 45 SR 301

Minn. R. 1307.0025 [Repealed, 31 SR 935]

[Repealed, 31 SR 935]

Minn. R. 1307.0027 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1307.0010 to 1307.0110.

Subp. 1a. Approved.

"Approved" means approval by the building official, pursuant to the Minnesota State Building Code, by reason of:

A. inspection, investigation, or testing;

B. accepted principles;

C. computer simulations;

D. research reports; or

E. testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

Subp. 2. ASME A17.1/CSA B44-2016.

"ASME A17.1/CSA B44-2016" means the ASME A17.1/CSA B44-2016, Safety Code for Elevators and Escalators.

Subp. 3. ASME A17.3-2015.

"ASME A17.3-2015" means the ASME A17.3-2015 Safety Code for Existing Elevators and Escalators (and related equipment).

Subp. 4. ASME A17.5-2014.

"ASME A17.5-2014" means the ASME A17.5-2014 Elevators and Escalators Electrical Equipment.

Subp. 4a. ASME A17.7/CSA B44.7-2007.

"ASME A17.7/CSA B44.7-2007" means the ASME A17.7/CSA B44.7-2007 Performance-Based Safety Codes for Elevators and Escalators.

Subp. 5. ASME A18.1-2017.

"ASME A18.1-2017" means the ASME A18.1-2017 Safety Standard for Platform Lifts and Stairway Chairlifts.

Subp. 6. ASME A90.1-2015.

"ASME A90.1-2015" means the ASME A90.1-2015 Safety Standard for Belt Manlifts.

Subp. 7. ASME B20.1-2015.

"ASME B20.1-2015" means the ASME B20.1-2015 Safety Standard for Conveyors and Related Equipment.

Subp. 8. ASME Code.

"ASME Code" means the ASME Codes incorporated by reference in part 1307.0020, subpart 1.

Subp. 9. Authority having jurisdiction.

"Authority having jurisdiction" means the Department of Labor and Industry pursuant to Minnesota Statutes, section 326B.106, or a unit of local government pursuant to Minnesota Statutes, sections 326B.106 and 326B.184.

Subp. 10. Bank of elevators.

"Bank of elevators" means a group of elevators or a single elevator controlled by a common operating system. Specifically, all elevators that respond to a single call button constitute a bank of elevators. There is no limit to the number of cars that may be in a bank.

Subp. 11. Conditioned space.

"Conditioned space" means space within a building which is conditioned either directly or indirectly by an energy-using system and is capable of maintaining at least 65 degrees Fahrenheit at winter design conditions or less than 78 degrees Fahrenheit at summer design conditions required by the Minnesota Energy Code.

Subp. 12. Dormant elevator, dormant dumbwaiter, or dormant escalator.

"Dormant elevator," "dormant dumbwaiter," or "dormant escalator" means an installation placed out of service as specified in ASME A17.1/CSA B44-2016, 8.11.1.4.

Subp. 13. Endless belt lift.

"Endless belt lift" means belt manlifts and is governed by ASME A90.1-2015 Safety Standard for Belt Manlifts.

Subp. 14. Existing installation.

"Existing installation" means that, before March 31, 2020:

A. all work of installation was completed; or

B. the plans and specifications were filed with the authority having jurisdiction, all required permits were obtained, all permit and inspection fees were paid, and work was begun not later than 12 months after approval of the plans and specifications and issuance of the required permits.

Subp. 15. International Building Code or IBC.

"International Building Code" or "IBC" means the International Building Code, as promulgated by the International Codes Council, Washington, D.C., and as adopted by reference in part 1305.0011.

Subp. 16. Private residence.

"Private residence" means a dwelling unit or sleeping unit that is occupied by the members of a single-family dwelling or no more than six unrelated persons.

Subp. 17. Temporarily dormant elevator, temporarily dormant dumbwaiter, or temporarily dormant escalator.

"Temporarily dormant elevator," "temporarily dormant dumbwaiter," or "temporarily dormant escalator" means an installation whose:

A. power supply has been disconnected by removing fuses (where applicable) and placing a padlock on the mainline disconnect switch in the "OFF" position;

B. car is parked and the hoistway doors are in the closed and latched position; and

C. wire seal or notification or both is installed on the mainline disconnect switch by the authority having jurisdiction or their authorized elevator inspector.

Subp. 18. Vertical reciprocating conveyor.

"Vertical reciprocating conveyor" means a vertical device for moving material only that is not designed to carry passengers or an operator, and that is governed by ASME B20.1-2015, Safety Standard for Conveyors and Related Equipment.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.748; 326B.02; 326B.101; 326B.106; 326B.13; 326B.187
History: 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 45 SR 301

Minn. R. 1307.0030 Permits

Subpart 1. Permits required.

It is unlawful for any person, firm, or corporation to hereafter install any new passenger elevators, freight elevators, handpowered elevators, moving walks, escalators, dumbwaiters, wheelchair lifts, endless belt lifts, vertical reciprocating conveyors, stage and orchestra lifts, or any other related device, or make alterations or repairs to or remove any existing of the same without having first obtained a permit for the work from the authority having jurisdiction. Alterations, modifications, and practical difficulties will be done in keeping with the rules of the Department of Labor and Industry.

Permits for repairs are required by the Department of Labor and Industry for the following ASME A17.1/CSA B44-2016 sections: 8.6.2.3 repair of speed governors; 8.6.2.4 repair of releasing carrier; 8.6.3.3 suspension means fastenings and hitch plates; 8.6.3.4 replacement of governor rope; 8.6.3.6 replacement of speed governor; 8.6.3.9 replacement of releasing carrier; and 8.6.3.10 replacement of hydraulic jack plunger; cylinder, tanks, valve, and anticreep leveling device.

Subp. 2. Application for permit.

Application for a permit to install, alter, repair, or remove must be made on forms provided by the authority having jurisdiction.

Subp. 3. Plans and specifications.

For elevators under the Department of Labor and Industry's jurisdiction, plans and specifications describing the extent of the work involved must be submitted with the application for a permit. The authority having jurisdiction may require that such plans and specifications for work associated with the installation of equipment by this chapter be prepared by an architect or engineer licensed to practice in Minnesota. A permit will be issued to the applicant when the plans and specifications have been approved and the appropriate permit fee specified in this code has been paid by the applicant.

Subp. 4. Certificate of operation required.

It is unlawful to operate equipment governed by ASME A17.1/CSA B44-2016, ASME A17.3-2015, and ASME A90.1-2015 without a current Certificate of Operation issued by the authority having jurisdiction. The certificate will be issued upon payment of prescribed fees and the presentation of a valid inspection report indicating that the conveyance is safe and that the inspections and tests have been performed according to this code. A certificate will not be issued when the conveyance is posted as unsafe.

Subp. 5. Application for certificate of operation.

Application for a certificate of operation shall be made by the owner, or an authorized representative, for equipment governed by ASME A17.1/CSA B44-2016, ASME A17.3-2015, and ASME A90.1-2015. The application shall be accompanied by an inspection report. Fees for the Certificate of Operation shall be as specified by the administrative authority.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.02; 326B.101 to 326B.194; 326B.106; 326B.187
History: 15 SR 70; 23 SR 2051; 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 91; 45 SR 301

Minn. R. 1307.0032 [Repealed, L 2013 c 85 art 2 s 44]

[Repealed, L 2013 c 85 art 2 s 44]

Minn. R. 1307.0035 Inspection, Tests, and Approvals

Subpart 1. Approval of plans.

Any person, firm, or corporation desiring to install, relocate, alter, or remove any installation covered by this chapter shall obtain approval for doing so from the authority having jurisdiction. Two sets of drawings and/or specifications, or PDF files containing the same information if submitted electronically, showing the installation, relocation, alteration, or removal shall be submitted as required by the authority having jurisdiction. A corporation desiring to install, relocate, alter, or remove any installation covered by this chapter shall obtain approval for doing so from the authority having jurisdiction. Two sets of drawings and/or specifications showing the installation, relocation, alteration, or removal shall be submitted as required by the authority having jurisdiction.

Subp. 2. Inspections and tests.

No person, firm, or corporation may put into service any installation covered by this chapter whether the installation is newly installed, relocated, or altered materially, without the installation being inspected and approved by the authority having jurisdiction. The installer of any equipment included in this chapter must request inspections by notifying the authority having jurisdiction to schedule a date and time for inspection. The authority having jurisdiction shall require tests as described in the applicable ASME Code to prove the safe operation of the installation.

Subp. 3. Approval.

A certificate or letter of approval shall be issued by the authority having jurisdiction for equipment governed by ASME A17.1/CSA B44-2016, ASME A17.3-2015, ASME A90.1-2015, and ASME B20.1-2015 when the entire installation is completed in conformity with this code.

Subp. 4. Limited use approval.

When a building or structure is equipped with one or more elevators, at least one of the elevators may be approved for limited use before completion of the building or structure. The limited use approval must specify the class of service permitted and the conditions of approval.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.02; 326B.101 to 326B.194; 326B.106; 326B.187
History: 15 SR 70; 23 SR 2051; 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 91; 45 SR 301

Minn. R. 1307.0040 Accidents

Subpart 1. To be reported.

The owner or person in control of an elevator or other installation covered by this code shall notify the authority having jurisdiction of any accident involving personal injury or damage to equipment covered in this chapter to a person or apparatus on, about, or in connection with an elevator or other installation, and shall allow the authority having jurisdiction reasonable access to the equipment and the opportunity to take statements from employees and agents of the owner or person in control for investigating the accident and the resultant damage. Notification may be given to the authority having jurisdiction by telephone or verbally. The notification must also be confirmed in writing. Notification must be made within one working day of the accident. Failure to provide the proper notification may be considered a violation as described in Minnesota Statutes, section 326B.178.

Subp. 2. Investigation.

The authority having jurisdiction must make or cause to be made an investigation of the accident, and the report of the investigation must be placed on file in its office. The report must give in detail the cause or causes, so far as can be determined, and the report must be available for public inspection subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13.

Subp. 3. Operation discontinued.

When an accident involves the failure or destruction of a part of the installation or the operating mechanism, the elevator or other installation must be taken out of service and may not be used again until it has been made safe and the reuse approved by the authority having jurisdiction. The authority having jurisdiction may, when necessary, order the discontinuance of operation of any such elevator or installation until a new certificate of operation has been issued.

Subp. 4. Removal of parts restricted.

No part of the damaged installation, construction, or operating mechanism may be removed from the premises until permission is granted by the authority having jurisdiction.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.101 to 326B.194
History: 15 SR 70; 23 SR 2051; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1307.0045 [Repealed, 31 SR 935]

[Repealed, 31 SR 935]

Minn. R. 1307.0047 Special Provisions

Subpart 1. Scope.

The special provisions in this part apply to the design, construction, and installation of equipment governed by ASME A17.1/CSA B44-2016 and ASME A17.3-2015.

Subp. 2. Chairlifts.

Inclined stairway chairlifts shall only be installed within a private residence or as approved in accordance with Minnesota Statutes, section 471.471. The installation shall be in accordance with ASME A18.1-2017.

Subp. 3. Attendant-operated lifts.

Attendant-operated lifts shall only be installed in owner-occupied private residences.

Subp. 4. Rooftop elevators.

Passenger and freight elevators are permitted at rooftops when conditioned space or rooftop elevators meeting ASME A17.1/CSA B44-2016 5.6 are provided.

Subp. 5. Winding drum machines.

Except as permitted in the ASME Code for private residence elevators, chairlifts, and wheelchair platform lifts, winding drum machines are not permitted on new elevator installations, as replacements on existing installations, or on elevators undergoing a use conversion or classification change.

Subp. 6. Horizontal swing doors.

Horizontal swing doors of single-section or center-opening two-section design are not permitted as hoistway doors on new elevator installations or as replacement hoistway doors on existing installations, except for private residential elevators, or when the authority having jurisdiction approves their installation or replacement when conditions make it impossible to install approved types of doors.

Subp. 7. Elevator equipment room signage.

Elevator equipment rooms shall have a permanent sign attached to the equipment room door or adjacent to the equipment room door. The sign shall read in no less than 0.5-inch letters "Elevator Equipment Room." On elevators with remote equipment rooms, signs reading in no less than 0.5-inch letters "Elevator Equipment Room Access" shall be provided on or adjacent to doors leading to the machine room.

Exception: Elevator equipment room access signage is not required if the building is staffed with a 24-hour security guard or 24-hour maintenance personnel able to assist emergency personnel to the location of the elevator equipment room.

Subp. 8.

[Repealed, 45 SR 301]

Subp. 9. All work required for compliance with ASME A17.1/CSA B44-2016 8.6.5.8 Bulkhead Material Transfer Device.

Elevators shall not be converted to a material transfer device (vertical reciprocating conveyor) without meeting the requirements of ASME A17.1/CSA B44-2016 8.6.5.8, Safety Bulkhead. A material transfer device shall comply with ASME B20.1-2015.

Subp. 10.

[Repealed, 45 SR 301]

Subp. 11.

[Repealed, 45 SR 301]

Subp. 12.

[Repealed, 45 SR 301]

Subp. 13.

[Repealed, 45 SR 301]

Subp. 14.

[Repealed, 45 SR 301]

Subp. 15. ASME A17.3-2015 2.2.4 Temperature control.

Machine rooms shall be provided with natural or mechanical means to avoid overheating of the electrical equipment and to ensure safe and normal operation of the elevator.

Subp. 16. Newly constructed parking ramps or new construction in an existing parking ramp.

Newly constructed and altered elevator hoistways in parking ramps shall maintain a conditioned temperature between 50 and 90 degrees F.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.748; 326B.02; 326B.101; 326B.106; 326B.13; 326B.187
History: 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 45 SR 301

Subp. 2. ASME A17.1/CSA B44-2016 2.5.1.1 Between car and hoistway enclosures.

ASME A17.1/CSA B44-2016 2.5.1.1 is amended to read as follows:

2.5.1.1. Between car and hoistway enclosures. The clearance between the car and the hoistway enclosures shall not be less than 0.8 inches (20 mm), except on the sides used for loading and unloading. The distance between the car and the hydraulic piping, hydraulic fittings, electrical piping, electrical boxes, steam or hot water piping where permitted, sprinkler piping, where permitted, or any other item not by elevator design shall not be less than 0.8 inches (20 mm).

Subp. 3. ASME A17.1/CSA B44-2016 2.7.3.1 General requirements.

ASME A17.1/CSA B44-2016 2.7.3.1 is amended by adding the following:

2.7.3.1.4 Access to elevator equipment space as referenced in 2.7.3.1.1 and 2.7.3.1.2 shall not be through any toilet room.

Subp. 4. ASME A17.1/CSA B44-2016 2.7.4.1.

ASME A17.1/CSA B44-2016 2.7.4.1 is amended by adding a sentence to the end of the section as follows:

Raised surfaces intended as working space surrounding equipment shall have 72 inches clear headroom measured from the working surface.

Subp. 5. ASME A17.1/CSA B44-2016 2.12.6.2.5.

ASME A17.1/CSA B44-2016 2.12.6.2.5 is amended to read as follows:

The unlocking-device keyway and locked panel (see ASME A17.1/CSA B44-2016 2.12.6.2.3) if provided, shall be located at a height not greater than 83 inches (2100 mm) above the landing and all keyways, with the exception of the keyway at the bottom landing and all private residence elevator keyways, shall have keyed plugs installed with the key for those plugs kept in the key box as defined in subpart 9.

Subp. 6. ASME A17.1/CSA B44-2016 2.12.7.1.

ASME A17.1/CSA B44-2016 2.12.7.1 is amended to read as follows:

2.12.7.1.1 Hoistway access switches shall be provided when the rate of speed is greater than 30 ft./min. at:

A. the lowest landing for access to the pit, when a separate access door is not provided; and

B. the top landing for access to the top of the car.

Subp. 7. ASME A17.1/CSA B44-2016 2.12.7.1.2.

ASME A17.1/CSA B44-2016 2.12.7.1.2 is deleted in its entirety.

Subp. 8. ASME A17.1/CSA B44-2016 2.14.7.1.4.

ASME A17.1/CSA B44-2016 2.14.7.1.4 is amended to read as follows:

Each elevator shall be provided with an electric light that includes an OSHA-recognized guard and a GFCI convenience outlet fixture on both the car top and the bottom of the car.

Subp. 9. ASME A17.1/CSA B44-2016 2.27 Emergency operation and signaling devices.

ASME A17.1/CSA B44-2016 2.27 is amended by adding the following language at the beginning of section 2.27.8:

2.27.8 Switch keys. The key switches required by ASME A17.1/CSA B44-2016 2.27.2 to 2.27.5 for elevators in a building shall be operable by the same key. The keys shall be a Group 3 Security (see section 8.1). There shall be a key for each switch provided. Keys shall be painted or marked red.

These keys shall be kept on premises, in a key box labeled "Fire Dept" approved by the authority having jurisdiction. The key box shall be located in the elevator lobby, on the main egress floor or in the fire command room. When there is not a fire command room and site conditions prohibit installation at the elevator lobby, the authority having jurisdiction shall specify the location of the Fire Dept key box. Keys for emergency access doors (2.11.1.2) and hoistway door unlocking device (2.12.6.2.4) of Group 1 shall be accessible to emergency personnel and a set shall be included in the elevator emergency key box.

Where applicable, Groups 1, 2, and 3 (see section 8.1) security shall be provided in a separate black trimmed key box approved by the authority having jurisdiction. The key box shall be labeled "Elevator Personnel Only" located in the elevator machine room or location specified by the authority having jurisdiction. Keys shall be tagged and labeled. The locked cylinder shall be uniformly keyed throughout the state.

Subp. 10. ASME A17.1/CSA B44-2016 2.27.1.1.3(a).

ASME A17.1/CSA B44-2016 2.27.1.1.3(a) is deleted in its entirety.

Subp. 11. ASME A17.1/CSA B44-2016 3.28.1 Information included on layout drawing.

ASME A17.1/CSA B44-2016 3.28.1 is amended by adding the following subitem:

(p) the method used to comply with 3.18.3.8 (protection of cylinders buried in the ground).

Subp. 12. ASME A17.1/CSA B44-2016 4.3.15 Car safeties.

ASME A17.1/CSA B44-2016 4.3.15 is amended by adding a sentence to read as follows:

All hand-powered elevators shall be equipped with a broken rope safety device.

Subp. 13. ASME A17.1/CSA B44-2016 7.2.4.6 Application of safeties.

ASME A17.1/CSA B44-2016 7.2.4.6 is amended by adding a sentence at the end of the section as follows:

All hand-powered dumbwaiters shall be equipped with a broken rope safety device.

Subp. 14. ASME A17.1/CSA B44-2016 8.10.1.1.3.

ASME A17.1/CSA B44-2016 8.10.1.1.3 is deleted and replaced with the following:

Elevator inspector qualifications. Inspectors shall have a current license issued by the Department of Labor and Industry as a master elevator constructor or elevator journeyworker constructor.

Inspectors shall have proof of successful completion of the National Elevator Industry Education program examination, equivalent program, or equivalent experience. Within 18 months of the employment start date, any person performing inspections shall be certified to the ASME QEI-1 standard as a qualified elevator inspector (QEI) by an organization recognized by the commissioner. Upon initial certification, persons performing inspections shall maintain the QEI certification.

Subp. 15. ASME A17.1/CSA B44-2016 8.11.1.3 Periodic inspection and test frequency.

ASME A17.1/CSA B44-2016 8.11.1.3 Periodic inspection and test frequency. The frequency as established by the authority having jurisdiction shall be as stated in the Minnesota Table N-1.

MINNESOTA TABLE N-1

INSPECTION AND TEST INTERVALS IN "MONTHS"

GENERAL NOTE: The intervals in this table shall be for periodic tests and inspections. Factors such as the environment, frequency and type of usage, quality of maintenance, etc., related to the equipment should be taken into account by the authority having jurisdiction prior to establishing more frequent inspection and test intervals.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.748; 326B.02; 326B.101; 326B.106; 326B.13; 326B.187
History: 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 45 SR 301

Minn. R. 1307.0070 Stage, Orchestra Lifts, and Mechanical Parking Garage Equipment

Stage, orchestra lifts, and mechanical parking garage equipment must be designed, installed, constructed, and maintained so as to be reasonably safe to life, limb, and adjoining property and must be reviewed by the authority having jurisdiction prior to installation or construction.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.748; 326B.101; 326B.106; 326B.13; 326B.187
History: 15 SR 70; 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1307.0075 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 1307.0080 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 1307.0085 [Repealed, 31 SR 935]

[Repealed, 31 SR 935]

Minn. R. 1307.0090 Existing Installations

Subpart 1.

[Repealed, 31 SR 935]

Subp. 2. Conditions for continued operation.

All existing installations of equipment governed by ASME A17.1/CSA B44-2016, ASME A17.3-2015, and ASME A90.1-2015 may be continued in service as long as they are properly maintained and are, in the opinion of the authority having jurisdiction, installed and maintained in a safe condition. The authority having jurisdiction shall order the installation of the following basic safety devices: automatic noncontact door reopening devices; top of car, under car lights, and pit lights, with ground fault interrupter outlets; pit ladder; emergency door unlocking device; and emergency lock box complying with part 1307.0067, subpart 9. All hand-powered elevators and hand-powered dumbwaiters shall be equipped with a broken rope safety device. Elevator machine room lighting shall meet the requirements of ASME A17.1/CSA B44-2016 2.7.9.1 to provide 19 footcandles of illumination at the floor level. The installation of these safety devices does not require compliance with ASME A17.1/CSA B44-2016.

Subp. 3. Damaged installations.

Any installation, whether new or existing, which becomes damaged, defective, or worn, by fire, water, or other causes including ordinary wear to the extent that, in the opinion of the authority having jurisdiction it is dangerous to life, limb, or adjoining property, such installations shall be repaired or rebuilt in conformity with the applicable ASME code and its associated state amendments.

Subp. 4. Unsafe conditions.

When an inspection reveals an unsafe condition, the inspector must immediately file with the owner and the authority having jurisdiction a full and true report of the inspection and the unsafe condition. The authority having jurisdiction shall shut down any piece of equipment covered by this chapter, that, in the opinion of the authority having jurisdiction, is dangerous to life, limb, or adjoining property, and the equipment shall not be put back into operation until the unsafe condition has been corrected and approved by the authority having jurisdiction. When an unsafe condition is determined by the authority having jurisdiction, the inspector shall place a notice, in a conspicuous location, on the elevator, escalator, or moving walk that the conveyance is unsafe. The owner shall ensure that the notice of unsafe condition is legibly maintained where placed by the authority having jurisdiction. The authority having jurisdiction shall issue an order in writing to the owner requiring the repairs or alterations to be made to the conveyance in compliance with the applicable ASME code and its associated state amendments. A posted notice of unsafe conditions shall be removed only by the authority having jurisdiction when satisfied that the required repairs or alterations have been completed.

Subp. 5.

[Repealed, 31 SR 935]

Subp. 6. Other requirements.

Existing installations covered by subpart 2 shall conform to the requirements of: ASME A17.1/CSA B44-2016 Part 1, and 5.10, 8.1, 8.6, 8.7, 8.8, 8.9, 8.10, and 8.11 as amended by this and other sections of this chapter. Alterations shall conform to the requirements of ASME A17.1/CSA B44-2016, Part 8.7, or ASME A17.3-2015, whichever is more restrictive.

Subp. 7. Compliance schedule.

The authority having jurisdiction shall notify the owner of an existing elevator of the applicable ASME code and its associated state amendments (1) at the time of adoption or (2) following inspection of an elevator not in compliance with the applicable ASME code and its associated state amendments. The following applies to elevators or related devices upon the owner receiving notification:

A. Where noncompliance with the applicable ASME code and its associated state amendments creates an imminent danger to persons or property, correction must be initiated immediately and the unit may not be placed into service until the correction is made or approval is granted by the authority having jurisdiction.

B. Where noncompliance with the applicable ASME code and its associated state amendments does not create an imminent danger, the owner or manager of the property shall submit for review and approval a time schedule for compliance with the authority having jurisdiction within 60 calendar days of receipt of notification by the authority having jurisdiction. Any compliance schedule submitted for an existing elevator shall result in compliance with the code requirements within five years of submission of the compliance schedule. The authority having jurisdiction, acting under Minnesota Statutes, section 326B.175, is authorized to take an elevator that is not in compliance with the code requirements within five years of submission of the compliance schedule out of service.

Subp. 8. Removal of existing elevators, dumbwaiters, escalators and moving walks.

A. Prior to a new installation, elevator personnel shall remove all elevator-related equipment, that will not be reused on the new installation. If removal of the equipment is part of building demolition or the hoistway is not reused for elevator equipment, elevator personnel shall remove the equipment from service by safely landing the elevator and counterweights at the lowest landing.

B. Prior to a new installation, elevator personnel must remove all elevator-related equipment that will not be reused on the new installation. If a hydraulic elevator is to be removed for building demolition, elevator personnel must remove all hydraulic oil in accordance with rules of the Minnesota Pollution Control Agency. A company licensed to seal wells and borings in accordance with the Minnesota Department of Health, parts 4725.3850 and 4725.3875, must seal the boring into the earth and provide proof of the sealing to the authority having jurisdiction.

C. Prior to new installation, elevator personnel shall remove all dumbwaiter-related equipment that will not be reused on the new installation. If removal of the equipment is part of building demolition or the hoistway is not reused for dumbwaiter equipment, elevator personnel shall remove the equipment from service by safely landing the dumbwaiter and counterweights at the lowest landing.

D. Prior to a new installation, elevator personnel shall remove all escalator or moving walk-related equipment that will not be reused on the new installation. If removal of the equipment is part of building demolition, elevator personnel shall remove the unit from service by safely removing power and permanently securing the steps and drive chains to prevent unintentional motion of the escalator or moving walk.

E. A dormant elevator, dormant dumbwaiter, or dormant escalator shall be placed out of service in accordance with ASME A17.1/CSA B44-2016 8.11.1.4.

F. A temporarily dormant elevator, temporarily dormant dumbwaiter, or temporarily dormant escalator shall have its power disconnected by removing fuses, where applicable, and placing a seal on the mainline disconnect switch in the "OFF" position. The car shall be parked and the hoistway doors left in the closed and latched position. A wire seal and notification shall be installed on the mainline disconnect switch by an authority having jurisdiction. This installation shall not be used until it has been put in safe running order and is in condition for use. Annual inspections shall continue for the duration of the temporarily dormant status by an authority having jurisdiction. The temporarily dormant status shall be reviewed on an annual basis, and shall not exceed a three-year period. The inspector shall file a report with the supervising authority having jurisdiction describing the current conditions. The wire seal and notification shall not be removed for any purpose without permission from the authority having jurisdiction. When the elevator, dumbwaiter, or escalator has exceeded the three-year temporarily dormant status, the unit shall be placed out of service according to ASME A17.1/CSA B44-2016 8.11.1.4.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.02; 326B.101 to 326B.194; 326B.106; 326B.187
History: 15 SR 70; 23 SR 2051; 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 91; 45 SR 301

Minn. R. 1307.0092 Referenced Codes, Standards, and Specifications

Section 9.1 ASME A17.1 referenced documents. References to NFPA 13-1985 shall be deleted and replaced with references to NFPA 13-2016.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.187
History: 36 SR 1479; 45 SR 301

Minn. R. 1307.0095 [Repealed, 45 SR 301]

[Repealed, 45 SR 301]

Minn. R. 1307.0100 [Repealed, 31 SR 935]

[Repealed, 31 SR 935]

Minn. R. 1307.0110 Minnesota Amendments to Asme A18.1-2017

Subpart 1. ASME A18.1-2017 section 2.1 Runways.

A. ASME A18.1-2017 2.1.2.5 is amended to read as follows: 2.1.2.5. All doors, except as provided in paragraph 2.1.2.9, shall be provided with a combination mechanical lock and electric contact. Locking devices shall be protected against tampering from the landing side. The locking devices shall permit a door to be opened only if the platform floor is within 51 mm (2 inches) of the respective landing. The platform shall be permitted to move away from the landing under control of the normal operating device if the door is closed but not locked, provided that the device will cause the platform to stop if it moves more than 51 mm (2 inches) away from the landing before the door is locked.

B. ASME A18.1-2017 2.1.2 Partial runway enclosure provided, is amended by adding a new paragraph 2.1.2.9 to read as follows: 2.1.2.9. Where the lift is installed at a location that does not have guards at the upper landing as allowed by building codes (see definition), the requirements of paragraphs 2.1.2.2, 2.1.2.3, and 2.1.2.4 shall be permitted to be omitted when platform gates are provided. They shall extend to a height at least equal to the top terminal landing height plus 152 mm (6 inches) measured when the platform is at its lowest position. The gates shall be of unperforated construction, self-closing, and be provided with electric contact to prevent movement of the platform if the gates are not closed. The gates shall not be permanently deformed when a force of 556 N (125 lbf) is applied on any 102 mm (4 inches) by 102 mm (4 inches) area.

C. ASME A18.1-2017 2.1.2 Partial runway enclosure provided, is amended by adding a new paragraph 2.1.2.10 to read as follows: 2.1.2.10. The clearance between the platform floor and the upper landing sill shall be permitted to be increased to 76 mm (3 inches) if a platform gate complying with paragraph 2.1.2.9 and an automatically folding ramp to service the upper landing is provided. When deployed, the ramp shall have a minimum overlap at the upper landing sill of 51 mm (2 inches) and shall be substantially level. It shall be provided with an electric contact, which will stop the movement of the platform within 152 mm (6 inches) of travel away from the upper landing if the ramp has failed to rise to its retracted position.

D. ASME A18.1-2017 2.1.3 Runway enclosure not provided. For purposes of A18.1-2017 section 2 Vertical platform lifts, 2.1.3 is deleted in its entirety. However, as referenced in A18.1-2017 section 5.1 Runways, 2.1.3 remains in full force and effect.

E. ASME A18.1-2017 2.1.7 Lower level access ramps and pits is amended to read as follows: 2.1.7 Lower level across ramps and pits. Lifts shall be permitted to have a pit. Where a pit is not provided, a floor-mounted or retractable platform floor-mounted ramp complying with the requirements for ramps in ICC/ANSI A117.1 and having a maximum rise of 102 mm (4 inches) shall be provided. When backing down an incline from the lift platform may be necessary, the slope of the incline shall not exceed 1 in 20.

F. ASME A18.1-2017 2.1.7.1 is deleted in its entirety.

G. ASME A18.1-2017 2.1.7.2 is deleted in its entirety.

Subp. 2.

[Repealed, 39 SR 91]

Subp. 3. ASME A18.1-2017 section 2.10 Operating devices and control equipment.

A. ASME A18.1-2017 2.10.1 Operation is amended to read as follows: 2.10.1 Operation. Operation of the lift from the landings and from the platform shall be controlled by "UP" and "DOWN" control switches at all stations, and shall be by means of the continuous pressure type. Control switches shall be 51 mm (2 inches) minimum wide and 102 mm (4 inches) minimum high. Controls shall be 1219 mm (48 inches) maximum and 381 mm (15 inches) minimum above the platform floor or facility floor or ground level. Operation devices shall be designed so that both the "UP" and "DOWN" circuits cannot be operated at the same time.

B. ASME A18.1-2017 2.10.2.2 is amended to read as follows: 2.10.2.2. The attendant shall operate the platform by means of a continuous pressure switch so located that the attendant has full view of the platform throughout its travel. A manually reset emergency stop switch shall also be provided at that location.

Subp. 4. ASME A18.1-2017 section 2.11 Emergency signals.

A. ASME A18.1-2017 section 2.11 Emergency signals is amended to read as follows: 2.11 Emergency signals. If the platform is installed in an area not visible or audible to persons at all times, or installed in an enclosed runway, emergency signaling devices shall be provided in accordance with the requirements of paragraphs 2.11.1 and 2.11.2. Standby power shall be provided in accordance with paragraph 2.11.3.

B. ASME A18.1-2017 2.11.2 is amended to read as follows: 2.11.2. The lift shall be provided with a means of two-way communication complying with ASME A17.1/CSA B44-2016.

Subp. 5. ASME A18.1-2017 section 2.12 Standby power.

ASME A18.1-2017 section 2.12 Standby power is amended as follows:

2.12 Standby power. In buildings and structures where standby power is required or furnished to operate a vertical lift, the operation shall be in accordance with section 2.12. Lifts not required to provide standby power are not required to be equipped with battery power.

2.12.1 Standby power. Except where permitted by 2.12.1.1, the vertical lift shall be powered by a standby power system from the building.

2.12.1.1 Battery power. A lift equipped with rechargeable battery power capable of cycling the lift under full load for five cycles minimum after building power is removed shall be permitted.

2.12.2 Battery power, rated number of cycles. Except where permitted by 2.12.3, where a lift provided with battery power serves an area with more wheelchair users than the rated number of cycles provided by battery power, or where the authority having jurisdiction determines that the anticipated number of wheelchair users is greater than the rated number of cycles provided by battery power, the lift shall be powered by a standby power system from the building.

2.12.3 Existing buildings without standby power. Where an existing building is not required to provide a building standby power system, the installation of a lift shall not require the installation of a building standby power system. A battery standby power system complying with 2.12.1.1 shall be provided.

2.12.4 Auxiliary items. Auxiliary items necessary for lift operation such as power doors and runway lighting shall remain operational under standby power.

Subp. 6. ASME A18.1-2017 3.6.8 Platform guarding.

ASME A18.1-2017 3.6.8 Platform guarding is amended to read as follows:

3.6.8 Platform guarding. Platform guarding shall be in accordance with paragraph 3.6.8.1, or, when safety issues are effectively addressed and approved by the authority having jurisdiction, in accordance with paragraph 3.6.8.2.

Subp. 7. ASME A18.1-2017 section 3.10.1 Operation.

ASME A18.1-2017 3.10.1 Operation is amended to read as follows:

3.10.1 Operation. Operation of the lift from the landings and from the platform shall be controlled by control switches at all stations, and shall be by means of the continuous pressure type. Control switches shall be 2 inches (50 mm) minimum wide and 4 inches (100 mm) minimum high. Controls shall be 48 inches (1220 mm) maximum and 15 inches (380 mm) minimum above the platform floor or facility floor or ground level. Controls shall be located within forward or side reach of the passenger as defined in ANSI A117.1. Operation devices shall be designed so that both the "UP" and "DOWN" circuits cannot be operated at the same time.

Subp. 8. ASME A18.1-2017 section 3.11 Emergency signals.

A. ASME A18.1-2017 section 3.11 Emergency signals is amended to read as follows: 3.11 Emergency signals. If the lift is installed in an area not visible or audible to persons at all times, or installed in an enclosed runway, emergency signaling devices shall be provided in accordance with the requirements of paragraphs 3.11.1 and 3.11.2.

B. ASME A18.1-2017 3.11.2 is amended to read as follows: ASME 3.11.2. The lift shall be provided with a means of two-way communication complying with ASME A17.1/CSA B44-2016.

Subp. 9. ASME A18.1-2017 section 3.12 Standby power.

ASME A18.1-2017 section 3.12 Standby power is amended to read as follows:

3.12 Standby power. In buildings and structures where standby power is required or furnished to operate an inclined lift, the operation shall be in accordance with section 3.12. Lifts not required to provide standby power are not required to be equipped with battery power.

3.12.1 Standby power. Except where permitted by paragraph 3.12.1.1, the inclined lift shall be powered by a standby power system from the building.

3.12.1.1 Battery power. A lift equipped with rechargeable battery power capable of cycling the lift under full load for five cycles minimum after building power is removed shall be permitted.

3.12.2 Battery power, rated number of cycles. Except where permitted by paragraph 3.12.3, where a lift provided with battery power serves an area with more wheelchair users than the rated number of cycles provided by battery power, or where the authority having jurisdiction determines that the anticipated number of wheelchair users is greater than the rated number of cycles provided by battery power, the lift shall be powered by a standby power system from the building.

3.12.3 Existing buildings without standby power. Where an existing building is not required to provide a building standby power system, the installation of a lift shall not require the installation of a building standby power system. A battery standby power system complying with 3.12.1.1 shall be provided.

3.12.4 Auxiliary items. Auxiliary items necessary for lift operation such as power doors and runway lighting shall remain operational under standby power.

Subp. 10. ASME A18.1-2017 6.1.1 Clearances.

ASME A18.1-2017 6.1.1 Clearances is amended to read as follows:

6.1.1 Clearances. Clearances between the platform and adjacent surfaces shall not be less than 20 mm (.75 inches). At no point in its travel shall the edge of the platform facing the upper landing be more than 600 mm (24 inches) above a step or landing as measured vertically. Headroom clearance measured vertically from any position on the platform floor shall be 1372 mm (54 inches) minimum throughout the travel of the platform or alternate methods, approved by the authority having jurisdiction, shall be provided, which will stop the movement of the platform in the direction of travel should the clearance be reduced.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 16B.748; 326B.02; 326B.101; 326B.106; 326B.13; 326B.187
History: 31 SR 935; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 45 SR 301

Chapter 1309 INTERNATIONAL RESIDENTIAL CODE

Minn. R. 1309.0010 Adoption of International Residential Code (irc) by Reference

Subpart 1. Generally.

The 2018 edition of the International Residential Code ("IRC") as promulgated by the International Code Council, Inc. ("ICC"), Washington, D.C., is incorporated by reference and made part of the Minnesota State Building Code except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended in this chapter. Portions of this publication reproduce excerpts from the 2018 IRC, International Code Council, Inc., Washington, D.C., copyright 2017, reproduced with permission, all rights reserved. The IRC is not subject to frequent change and a copy of the IRC, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

Subp. 1a. Deleted appendices.

All of the IRC appendices are deleted except Appendix K and Appendix Q.

Subp. 2. Mandatory chapters.

The 2018 IRC chapters 2 to 10, 44, section P2904 of chapter 29, Appendix K, and Appendix Q shall be administered by any municipality that has adopted the Minnesota State Building Code, except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended by this chapter.

Subp. 3. Replacement chapters.

The following 2018 IRC chapters are being deleted and replaced with the provisions in items A to E:

A. Chapter 1 of the 2018 IRC is deleted and replaced as provided in Minnesota Rules, part 1309.0100, subpart 1.

B. Chapter 11 of the 2018 IRC and any references to residential or commercial energy in this code are deleted and replaced with Minnesota Rules, chapters 1322 and 1323, Minnesota Energy Code.

C. Chapters 12 to 24 of the 2018 IRC and any references to mechanical matters in this code are deleted and replaced with Minnesota Rules, chapter 1346, Minnesota Mechanical Code.

D. Chapters 25 to 33 of the 2018 IRC and any references to plumbing in this code are deleted and replaced with Minnesota Rules, chapter 4714, Minnesota Plumbing Code, except that section P2904 of IRC chapter 29 is not deleted.

E. Chapters 34 to 43 of the 2018 IRC and references to electrical matters in this code, other than sections R314 Smoke Alarms and R315 Carbon Monoxide Alarms, are deleted and replaced with Minnesota Rules, chapter 1315, Minnesota Electrical Code.

Subp. 4.

[Repealed, 39 SR 91]

Subp. 5. Flood hazard or floodproofing provisions.

Any flood hazard or floodproofing provisions in the IRC, and any reference to those provisions, are deleted in their entirety. Requirements for floodproofing are located in chapter 1335, floodproofing regulations.

Subp. 6. Elevator and platform lift provisions.

Any elevator and platform lift provisions in the IRC and any reference to those provisions are deleted in their entirety. Requirements for elevators or platform lifts are located in chapter 1307, elevators and related devices.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 40 SR 71; 44 SR 764

Minn. R. 1309.0020 References to Other Icc Codes

Subpart 1. Generally.

References to other codes and standards promulgated by the ICC in the 2018 IRC are modified in subparts 2 to 11.

Subp. 2. Building code.

References to the International Building Code in this code mean the Minnesota Building Code, adopted pursuant to Minnesota Rules, chapter 1305, and Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 3. Residential code.

References to the IRC in this code mean the Minnesota Residential Code, adopted under Minnesota Rules, chapter 1309, and Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 4. Electrical code.

References to the ICC Electrical Code in this code mean the Minnesota Electrical Code, Minnesota Rules, chapter 1315, adopted under Minnesota Statutes, section 326B.35.

Subp. 5. Fuel gas code.

References to the International Fuel Gas Code in this code mean the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, adopted under Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 6. Mechanical code.

References to the International Mechanical Code in this code mean the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, adopted under Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 7. Plumbing code.

References to the International Plumbing code in this code mean the Minnesota Plumbing Code, Minnesota Rules, chapter 4714, adopted under Minnesota Statutes, section 326B.435.

Subp. 8. Private sewage disposal code.

References to the International Private Sewage Disposal Code in this code mean the Minnesota Pollution Control Agency's minimum standards and criteria for individual sewage treatment systems in Minnesota Rules, chapter 7080, adopted under Minnesota Statutes, chapters 103F, 103G, 115, and 116.

Subp. 9. Energy conservation code.

References to the International Energy Conservation Code in this code mean the Minnesota Energy Code, adopted under Minnesota Rules, chapters 1322 and 1323.

Subp. 10. Property maintenance code.

References to the International Property Maintenance Code in this code do not apply.

Subp. 11. Accessibility code.

References to accessibility in this code mean the Minnesota Accessibility Code, Minnesota Rules, chapter 1341.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 5 s 32; art 13 s 4; 39 SR 91; 40 SR 71; 44 SR 764

Minn. R. 1309.0030 Administrative Procedure Criteria

Procedures relating to the administration and enforcement of this code under Minnesota Statutes, section 326B.101, are contained in Minnesota Rules, chapter 1300, Minnesota Building Code Administration. Minnesota Rules, chapter 1300, governs the application of this code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1309.0040 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1309.0100 Chapter 1, Administration

Subpart 1. IRC chapter 1.

IRC chapter 1 is deleted and replaced with the following:

CHAPTER 1

ADMINISTRATION

This code shall be administered according to Minnesota Rules, chapter 1300.

Subp. 2. Existing buildings and structures.

Additions, alterations, or repairs to existing buildings and structures meeting the scope of the International Residential Code shall be exempt from Minnesota Rules, chapter 1311, Minnesota Conservation Code for Existing Buildings.

Additions, alterations, or repairs to existing one- and two-family dwellings including townhouses may be made without requiring the existing building or structure to comply with all the requirements of this code provided that any addition or alteration conforms to this code. Repairs to existing buildings or structures may be made that are nonstructural and do not adversely affect any structural member or required fire-resistive element with the same methods and materials of which the building or structure is constructed.

Exception: The installation or replacement of glass shall be as required for new installations in accordance with IRC Section R308.

Subp. 3. Transient use.

Buildings constructed for transient use and required to be licensed by any Minnesota state agency shall be constructed in accordance with the requirements for Group R occupancies located in Minnesota Rules, chapter 1305.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 44 SR 764

Minn. R. 1309.0201 Section R201, General

IRC Section R201.4 is amended to read as follows:

R201.4 Terms not defined. Where terms are not defined through the methods authorized by this chapter, the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1309.0202 Section R202, Definitions

Subpart 1. Modifications.

IRC Section R202 is amended by modifying the following definitions:

DWELLING.

SINGLE-FAMILY. Any building that contains one dwelling unit used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or occupied for living purposes.

TWO-FAMILY. Any building that contains two separate dwelling units with separation either horizontal or vertical on one lot that is used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or occupied for living purposes.

TOWNHOUSE. A single-family dwelling unit constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and having open space on at least two sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. Separate building service utilities shall be provided to each single-family dwelling unit when required by other chapters of the State Building Code.

Subp. 2. Additional definitions.

IRC section R202 is amended by adding the following definitions:

APPROVED. "Approved" means approval by the building official, pursuant to the Minnesota State Building Code, by reason of:

a. inspection, investigation, or testing;

b. accepted principles;

c. computer simulations;

d. research reports; or

e. testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

CODE. For purposes of this chapter, "the code" or "this code" means the Minnesota Residential Code, Minnesota Rules, chapter 1309.

CRAWL SPACE. Areas or rooms with less than 6 feet 4 inches (1931 mm) ceiling height measured to the finished floor or grade below.

FLASHING. Approved corrosion-resistive material provided in such a manner as to deflect and resist entry of water into the construction assembly.

FLOOR AREA. The calculated square footage of the floor within the inside perimeter of the exterior walls of the building under consideration without deduction for hallways, stairways, closets, the thickness of interior walls, columns, or other features.

KICK-OUT FLASHING. Flashing used to divert water where the lower portion of a sloped roof stops within the plane of an intersecting wall cladding.

OCCUPANCY CLASSIFICATIONS

IRC-1 - Single-family dwelling

IRC-2 - Two-family dwellings

IRC-3 - Townhouses

IRC-4 - Accessory structures:

a. Garages;

b. Storage sheds; and

c. Similar structures.

SILL HEIGHT. The lowest part of the window opening of an operable window measured from the finished floor.

TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.

WATERPROOFING. Treatment of a surface or structure located below grade to resist the passage of water in liquid form, under hydrostatic pressure that bridges nonstructural cracks.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0300 Section R300, Classification

IRC Chapter 3 is amended by adding a new section to read as follows:

R300.1 Occupancy classification. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups in accordance with Table R300.1.

Table R300.1

Occupancy Classifications

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1309.0301 Section R301, Design Criteria

Subpart 1.

[Repealed, 39 SR 91]

Subp. 2. IRC Table R301.2(1).

Table R301.2(1) is amended to read as follows:

TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, such as "negligible," "moderate," or "severe," for concrete as determined from the Weathering Probability Map Figure R301.2(4). The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216, or C 652.

b See Minnesota Rules, part 1303.1600 -- Footing Depth for Frost Protection to verify whether the county requires Zone I or Zone II frost protection.

c The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d See wind speed map Figure R301.2(5)A. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e See Minnesota Rules, chapter 1322, Climate Data Design Conditions to verify by city.

f The ground snow loads to be used in determining the design snow loads for buildings and other structures are given in Minnesota Rules, part 1303.1700 - Ground Snow Load to verify by county. The roof snow load is a uniform load on the horizontal projection of the roof.

g See Minnesota Rules, chapter 1335, Flood Proofing Regulations.

h In accordance with Sections R905.1.2, R905.2.7, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, and R905.8.3.1, where there has been a history of local damage from the effects of ice damming.

i The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32° F)" at www.ncdc.noaa.gov.sites/default/files/attachments/Air-Freezing-Index-Return-Periods-and-Associated-Probabilities.pdf.

j The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Average Mean Temperature Index" at www.ncdc.noaa.gov.sites/default/files/attachments/Air-Freezing-Index-Return-Periods-and-Associated-Probabilities.pdf.

k In accordance with Section R301.2.1.5.

l Assigned to allow the application of the least restrictive topographic provisions of the code.

Subp. 3. IRC Figure R301.2(6).

Figure R301.2(6), Ground Snow Loads, Pg, for the United States (lb/ft2), is deleted in its entirety.

Subp. 4.

[Repealed, 39 SR 91]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0302 Section R302, Fire-Resistant Construction

Subpart 1. IRC Tables R302.1(1) and R302.1(2).

Table R302.1(1) and Table R302.1(2) are amended to read as follows:

TABLE R302.1(1)

EXTERIOR WALLS

For SI: 1 foot = 304.8 mm.

NA = Not Applicable.

a The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing.

b The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings are not installed.

c One hour on the underside equates to one layer of 5/8-inch type X gypsum sheathing. Openings are not allowed.

TABLE R302.1(2)

EXTERIOR WALLS - DWELLINGS WITH FIRE SPRINKLERS

For SI: 1 foot = 304.8 mm.

NA = Not Applicable.

a For residential subdivisions where all dwellings are equipped throughout with an automatic sprinkler system installed in accordance with Section P2904, the fire separation distance for exterior walls not fire-resistance rated and for fire-resistance-rated projections shall be permitted to be reduced to 0 feet, and unlimited unprotected openings and penetrations shall be permitted, where the adjoining lot provides an open setback yard that is 6 feet or more in width on the opposite side of the property line.

b The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing.

c The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings are not installed.

d One hour on the underside equates to one layer of 5/8-inch type X gypsum sheathing. Openings are not allowed.

Subp. 2. IRC section R302.2.3, Continuity.

Section R302.2.3 is amended to read as follows:

R302.2.3 Continuity. The fire-resistance-rated wall or assembly separating townhouses shall be continuous from the foundation to the underside of the roof sheathing, roof deck, or roof slab. The fire-resistance rating shall extend the full length of the wall or assembly, including wall extensions through and separating attached enclosed accessory structures. The separation shall extend through enclosed soffits, overhangs, and similar projections.

Subp. 2a. IRC section R302.2.7.

Section R302.2 is amended by adding a subsection to read as follows:

R302.2.7 Sound transmission. Townhouses constructed in accordance with Section R302.2 shall comply with the sound transmission requirements of IRC Appendix K.

Subp. 3. IRC section R302.3, Two-family dwellings.

Section R302.3 is amended by adding a subsection to the end of the section to read as follows:

R302.3.2 Sound transmission. Two-family dwellings constructed in accordance with Section R302.3 shall comply with the sound transmission requirements of IRC Appendix K.

Subp. 4. IRC section R302.5.1, Opening protection.

Section R305.5.1 is amended to read as follows:

R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1-3/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not less than 1-3/8 inches (35 mm) thick, or 20-minute fire-rated doors.

Subp. 5. IRC section R302.6.

Section R302.6 and Table R302.6 are amended to read as follows:

R302.6 Dwelling/garage fire separation. The garage shall be separated as required by Table R302.6. Openings in garage walls shall comply with Section R302.5.

TABLE R302.6a

DWELLING/GARAGE SEPARATION MATERIAL

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.

a Attachment of gypsum board shall comply with Table R702.3.5.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0303 Section R303, Light, Ventilation, and Heating

Section R303.4 is amended to read as follows:

R303.4 Mechanical ventilation. Mechanical ventilation of a dwelling unit shall comply with either Minnesota Rules, chapter 1322 or 1346.

History

Statutory Authority: MS s 326B.02
History: 44 SR 764

Minn. R. 1309.0305 Section R305, Ceiling Height

IRC section R305 is amended to read as follows:

R305.1 Minimum height, new buildings. Habitable space, hallways, bathrooms, toilet rooms, laundry rooms, and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet (2134 mm). The required height shall be measured from the finish floor to the lowest projection from the ceiling.

Exceptions:

For rooms with sloped ceilings, at least 50 percent of the required floor area of the room shall have a ceiling height of at least 7 feet (2134 mm) and no portion of the required floor area may have a ceiling height of less than 5 feet (1524 mm).
Bathrooms shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) at the center of the front clearance area for water closets, bidets, or sinks. The ceiling height above fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead.

R305.1.1 Basements, new buildings. Portions of basements that do not contain habitable space, hallways, bathrooms, toilet rooms, and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches (2032 mm).

Exception: Beams, girders, ducts, or other obstructions may project to within 6 feet 4 inches (1931 mm) of the finished floor.

R305.2 Alterations to existing building basements. Alterations to portions of existing basements shall comply with the provisions of this section.

R305.2.1 Minimum ceiling height, existing buildings. Alterations to existing basements or portions thereof shall have a ceiling height of not less than 6 feet 4 inches (1931 mm), including beams, girders, ducts, or other obstructions.

R305.2.1.1 Bathroom plumbing fixture clearance. Bathrooms shall have a minimum ceiling height of 6 feet 4 inches (1931 mm) at the center of the front clearance area for water closets, bidets, or sinks. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 4 inches (1931 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the wall where the showerhead is placed. The ceiling may have slopes or soffits that do not infringe on the height required for the plumbing fixture.

R305.2.2 Minimum stairway headroom, existing buildings. Alterations to existing basement stairways shall have a minimum headroom in all parts of the stairway not less than 6 feet 4 inches (1931 mm) measured vertically from the sloped line adjoining the tread nosing or from the floor surface of the landing or platform on that portion of the stairway.

Exception: Where the nosings of treads at the side of a flight extend under the edge of a floor opening through which the stair passes, the floor opening shall be allowed to project horizontally into the required headroom a maximum of 4-3/4 inches (121 mm).

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1309.0307 Section R307, Toilet, Bath, and Shower Spaces

IRC section R307.1 is amended to read as follows:

R307.1 Space required. Plumbing fixtures shall be installed in accordance with Minnesota Rules, chapter 4714, Minnesota Plumbing Code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91; 40 SR 71

Minn. R. 1309.0309 Section R309, Garages and Carports

Subpart 1. IRC section R309.1, Floor surface.

Section R309.1 is amended to read as follows:

R309.1 Floor surface. Garage floor surfaces may be concrete, asphalt, sand, gravel, crushed rock, or natural earth.

Subp. 2. IRC section R309.2, Carports.

Section R309.2 is amended to read as follows:

R309.2 Carports. Carports shall be open on at least two sides. Carport floor surfaces may be concrete, asphalt, sand, gravel, crushed rock, or natural earth. Carports not open on at least two sides shall be considered a garage and shall comply with the provisions of this section for garages.

Subp. 3. IRC section R309.4, Automatic garage door opening systems.

Section R309.4 is amended to read as follows:

R309.4 Automatic garage door opening systems. All automatic garage door opening systems that are installed, serviced, or repaired for garages serving residential buildings shall comply with the provisions of Minnesota Statutes, sections 325F.82 and 325F.83.

Subp. 4. IRC section R309.5, Fire sprinklers.

Section R309.5 is amended to read as follows:

R309.5 Fire sprinklers. Attached garages of two-family dwellings and townhouses shall be protected by fire sprinklers and installed in compliance with section R313.3.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1309.0310 Section R310, Emergency Escape and Rescue Openings

Subpart 1. IRC section R310.1, Emergency escape and rescue opening required.

Section R310.1 is amended to read as follows:

R310.1 Emergency escape and rescue opening required. Basements, habitable attics, and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency egress and rescue opening shall be required in each sleeping room, but not be required in adjoining areas of the basement. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.

Exceptions:

Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2).
Basements or basement bedrooms when the building is protected with an automatic sprinkler system installed in accordance with IRC Section P2904 or NFPA 13D.
Basements or basement bedrooms where the entire basement area, including all portions of the means of egress to the level of exit discharge, and all areas on the level of exit discharge that are open to the means of egress is protected with an automatic sprinkler system in accordance with IRC Section P2904 or NFPA 13D.

(Section R310.1.1 remains unchanged.)

Subp. 2. IRC section R310.2, Emergency escape rescue openings.

Section R310.2 is amended by adding a subsection to read as follows:

R310.2.5.1 Licensed facilities. Windows in rooms used for foster care or day care licensed or registered by the state of Minnesota shall comply with the provisions of Section R310.2.5, or all of the following conditions, whichever is more restrictive:

Minimum of 20 inches in clear opening width;
Minimum of 20 inches in clear opening height;
Minimum of 648 square inches (4.5 square feet) clear opening; and
Maximum of 48 inches from the floor to the sill height.

Subp. 3. IRC section R310.6, Alterations or repairs of existing basements.

Section R310.6 is amended and a subsection added to read as follows:

R310.6 Alterations or repairs of existing basements. An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs.

R310.6.1 Sleeping rooms in existing basements. New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accordance with Section R310.1.

Exception: Emergency escape and rescue openings are not required to be provided where the entire basement area, including all portions of the means of egress to the level of exit discharge, and all areas on the level of exit discharge that are open to the means of egress are protected with an automatic sprinkler system in accordance with IRC Section P2904 or NFPA 13D.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0311 Section R311, Means of Egress

Subpart 1. IRC section R311.3.2, Floor elevations for other exterior doors.

Section 311.3.2 is amended to read as follows:

R311.3.2 Floor elevations for other exterior doors. Doors other than the required egress door shall be provided with landings or floors not more than 7-3/4 inches (196 mm) below the top of the threshold.

Exception: A landing is not required if a stairway less than 30 inches (762 mm) in height is located on the exterior side of the door, provided the door does not swing over the stairway. The stairway height shall be measured vertically from the interior floor surface to the finished grade.

Subp. 2. IRC section R311.7.1, Width.

Section R311.7.1 is deleted and replaced with the following:

R311.7.1 Stairways; general.

R311.7.1.1 Stairways serving dwellings or accessory structures. All stairways serving a dwelling or accessory structure, or any part thereof, shall comply with this section. This shall include exterior stairs from a dwelling or garage to grade and those stairs serving decks, porches, balconies, sun rooms, and similar structures.

Exceptions:

Stairs serving attics or crawl spaces.
Stairs that only provide access to plumbing, mechanical, or electrical equipment.

R311.7.1.2 Width. Stairways shall not be less than 36 inches (914 mm) in clear width at all points above the permitted handrail height and below the required headroom height. Handrails shall not project more than 4.5 inches (114 mm) on either side of the stairway and the minimum clear width of the stairway at and below the handrail height, including treads and landings, shall not be less than 31-1/2 inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are provided on both sides.

Exception: The width of spiral stairways shall be in accordance with Section R311.7.10.1.

Subp. 3. IRC section R311.7.2, Headroom.

Section R311.7.2 is amended to read as follows:

R311.7.2 Headroom. The minimum headroom in all parts of the stairway shall not be less than 6 feet 8 inches (2032 mm) measured vertically from the sloped line adjoining the tread nosing or from the floor surface of the landing or platform on that portion of the stairway.

Exceptions:

Where the nosings of treads at the side of a flight extend under the edge of a floor opening through which the stair passes, the floor opening shall be allowed to project horizontally into the required headroom a maximum of 4-3/4 inches (121 mm).
The minimum headroom for existing buildings shall be in accordance with Section R305.2.2.
The headroom for spiral stairways shall be in accordance with Section R311.7.10.1.

History

Statutory Authority: MS s 14.386; 14.388; 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; 33 SR 807; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 39 SR 1003; 41 SR 762; 44 SR 764

Minn. R. 1309.0312 [Repealed, 32 SR 12]

[Repealed, 32 SR 12]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91; 44 SR 764

Minn. R. 1309.0313 Section R313, Automatic Fire Sprinkler Systems

IRC section R313 is amended to read as follows:

R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses.

Exceptions:

An automatic residential fire sprinkler system shall not be required to be installed in a two-unit townhouse, unless required by section R313.4.
An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.

R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with IRC section P2904 or NFPA 13D.

R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall not be required to be installed in one- and two-family dwellings, unless required by section R313.4.

R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with IRC section P2904 or NFPA 13D.

R313.3 Installation requirements. When an automatic sprinkler system is required in two-family dwellings, it shall be installed in accordance with IRC section P2904 or NFPA 13D.

Automatic sprinkler systems required in two-family dwellings and townhouse buildings shall be installed in accordance with the following:

Attached garages are required to have one dry head sprinkler located within 5 lineal feet of each door installed in the common wall separating the dwelling unit and the attached garage;
Attached covered patios, covered decks, covered porches, and similar structures are required to have automatic sprinklers with a minimum of one dry head for every 20 lineal feet (6.096 m) of common wall between the dwelling unit and the covered patio, covered deck, covered porch, or similar structure.

Exception: Attached roofs of covered patios, covered decks, covered porches, or similar structures that do not exceed 40 square feet (3,716 m2) of floor area.

R313.4 State-licensed facilities. One- and two-family dwellings and townhouse buildings containing facilities required to be licensed or registered by the state of Minnesota shall be provided with an automatic sprinkler system required by the applicable licensing provisions of that agency or according to this part, whichever is more restrictive.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13; L 2017 c 20 s 1
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 41 SR 1399

Minn. R. 1309.0314 Section R314, Smoke Alarms

Subpart 1. IRC section R314.2.2, Alterations, repairs, and additions.

Section R314.2.2 is amended to read as follows:

R314.2.2 Alterations, repairs, and additions. An individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings when:

alterations, repairs (including installation or replacement of windows or doors), or additions requiring a building permit occur; or
one or more sleeping rooms are added or created in existing dwellings.

Exceptions:

Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition of an open porch or deck, or chimney repairs.
Installation, alteration, or repairs of plumbing, electrical, or mechanical systems.

Subp. 2. IRC section R314.4, Interconnection.

Section R314.4 is amended by adding an exception to read as follows:

Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure.

Subp. 3. IRC section R314.6, Power source.

Section R314.6 is amended by modifying the second exception to read as follows:

Smoke alarms installed in existing areas shall be permitted to be battery powered provided any alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0315 [Repealed, 32 SR 12]

[Repealed, 32 SR 12]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91; 44 SR 764

Minn. R. 1309.0316 [Repealed, 32 SR 12]

[Repealed, 32 SR 12]

Minn. R. 1309.0317 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1309.0318 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1309.0320 Section R320, Accessibility

IRC sections R320.1 and R320.1.1 are deleted in their entirety and replaced with the following:

R320.1 Scope. Where there are four or more IRC-3 dwelling units or sleeping units in a single structure, the provisions for Group R-3 occupancies located in Minnesota Rules, chapter 1341, Minnesota Accessibility Code, shall apply.

History

Statutory Authority: MS s 326B.02
History: 44 SR 764

Minn. R. 1309.0321 Section R321, Elevators and Platform Lifts

IRC sections R321.1, R321.2, and R321.3 are deleted and replaced with the following:

R321.1 Elevators, platform lifts. For elevator and platform lift requirements, see Minnesota Rules, chapter 1307, Elevators and Related Devices.

History

Statutory Authority: MS s 326B.02
History: 44 SR 764

Minn. R. 1309.0322 [Repealed, 32 SR 12]

[Repealed, 32 SR 12]

Minn. R. 1309.0323 Section R323, Storm Shelters

IRC section R323 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91

Minn. R. 1309.0326 Section R326, Swimming Pools, Spas, and Hot Tubs

IRC section R326 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02
History: 44 SR 764

Minn. R. 1309.0402 Section R402, Materials

IRC Table R402.2 is amended to read as follows:

TABLE R402.2 MINIMUM SPECIFIED COMPRESSIVE STRENGTH OF CONCRETE

For SI: 1 pound per square inch = 6.895 kPa.

a Strength at 28 days psi.

b See Table R301.2(1) for weathering potential.

c Concrete in these locations that may be subject to freezing and thawing during construction shall be air-entrained concrete in accordance with footnote "d."

d Concrete shall be air-entrained. Total air content (percent by volume of concrete) shall be not less than 5 percent or more than 7 percent.

e See Section R402.2 for maximum cementitious materials content.

f For garage floors with a steel-troweled finish, reduction of the total air content (percent by volume of concrete) to not less than 3 percent is permitted if the specified compressive strength of the concrete is increased to not less than 4,000 psi.

g Compressive strength (f ʹc) of 2,500 psi, with an approved admixture that provides a water and vapor resistance at least equivalent to 5,000 psi concrete.

h Compressive strength (f ʹc) of 5,000 psi is not required for post footings for decks or porches, wood foundations, slab-on-grade foundation walls, and footings for floating slabs.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91; 44 SR 764

Minn. R. 1309.0403 Section R403, Footings

Subpart 1. IRC section R403.1.4.1.

Section R403.1.4.1 is amended to read as follows:

R403.1.4.1 Frost protection. Footings shall not bear on frozen soil. Foundation walls, piers, and other permanent supports of buildings and structures not otherwise protected from frost shall be protected by one or more of the following methods:

Extended below the frost line specified in Table R301.2(1);
Constructing in accordance with Section R403.3;
Constructing in accordance with ASCE 32;
Erected on solid rock; or
Constructing in accordance with Minnesota Rules, chapter 1303.

Subp. 2. IRC section R403.1.6.

IRC Section R403.1.6 is amended to read as follows:

R403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.

Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs, and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. Bolts shall be at least 1/2-inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than 7 bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318. Cold-formed steel framing systems shall be fastened to the wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.1.1. When vertical reinforcing is required by other sections of this code, the foundation anchor bolts shall be within 8 inches (203 mm) of the vertical reinforcing. All anchor bolts installed in masonry shall be grouted in place with at least 1-inch (25 mm) of grout measured from the inside face of the masonry and the anchor bolt.

Exceptions:

Foundation anchor straps spaced as required to provide equivalent anchorage to 1/2-inch diameter (12.7 mm) anchor bolts. When vertical reinforcing is required by other sections of this code, the foundation anchor straps shall align with the reinforcing.
Walls 24 inches (609.6 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels according to Figure R602.10.5 at corners.
Walls 12 inches (304.8 mm) total length or shorter connecting offset braced wall panels shall be permitted to be connected to the foundation without anchor bolts. The wall shall be attached to adjacent braced wall panels according to Figure R602.10.5 at corners.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0404 Section R404, Foundation and Retaining Walls

Subpart 1. IRC section R404.1.

Section R404.1 is amended to read as follows:

R404.1 Concrete and masonry foundation walls. Concrete foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1.2. Masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1.1. Concrete and masonry foundation walls shall be laterally supported at the top and bottom. Foundation walls that meet all of the following shall be considered laterally supported:

Full basement floor shall be 3.5 inches (89 mm) thick concrete slab poured tight against the bottom of the foundation wall.
Floor joists and blocking shall be connected to the sill plate at the top of wall with an approved connector with listed capacity meeting the top of wall reaction in Table R404.1(1). Maximum spacing of floor joists shall be 24 inches on center. Spacing of blocking shall be in accordance with Table R404.1(1).
Bolt spacing for the sill plate shall be no greater than the requirements in Table R404.1(1).
The floor shall be blocked perpendicular to the floor joists. Blocking shall be installed in accordance with footnote "e" of Table R404.1(1).

Exception: Cantilevered concrete and masonry foundation walls supporting unbalanced backfill that do not have permanent lateral support at the top of the foundation shall be constructed according to Table R404.1.1(5), Table R404.1.1(6), or Table R404.1.1(7).

(For subsection R404.1.1, see subpart 9. Subsections R404.1.2 through R404.1.9 and their subsections remain unchanged.)

Subp. 2. IRC Table R404.1(1).

Section R404.1 is amended by adding Table R404.1(1) to read as follows:

TABLE R404.1(1)

MAXIMUM ANCHOR BOLT AND BLOCKING SPACING FOR SUPPORTED FOUNDATION WALL

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.

a Soil classes are in accordance with the Unified Soil Classification System. Refer to table R405.1.

b Anchor bolts shall be cast in place with a minimum 7-inch embed. Where vertical reinforcing is required by other sections of this code, the anchor bolts shall be within 8 inches of the vertical reinforcing and are to be spaced as required by this table. Anchor bolts installed in masonry shall be grouted in place with not less than 1 inch of grout measured from the inside face of the masonry and the anchor bolt.

c The sill plate shall be 2 x 6 minimum. Anchor bolts shall be placed at least 2-1/2 inches from the edge of the sill plate and the edge of the foundation wall.

d Anchor bolts shall have a 2-inch by 1/8-inch thick round or square washer tightened and countersunk 1/4 inch into the top of the sill plate. Use of standard and noncountersunk washers is permitted where anchor bolt spacing is half the spacing required by this table.

e Minimum load to be used for the sizing of accepted anchors or fasteners if anchor bolts are not used.

f Perpendicular blocking shall be 2-by the full depth joists or an approved alternative full depth joist material that is installed in the first three joist spaces adjacent to the foundation wall. The blocking shall be connected to the sill plate with an approved fastener sized in accordance with footnote "e." The floor sheathing shall be nailed to the blocking through the subfloor with a minimum of 8d common (2-1/2 x 0.131) nails at 3 inches on center or an equivalent connector. Blocking shall be installed within 8 inches of an anchor bolt location.

Subp. 3.

[Repealed, 39 SR 91]

Subp. 4.

[Repealed, 39 SR 91]

Subp. 5.

[Repealed, 39 SR 91]

Subp. 6. IRC Table R404.1.1(5).

Section R404 is amended by adding a new table as follows:

TABLE R404.1.1(5)

CANTILEVERED CONCRETE AND MASONRY FOUNDATION WALLS

a Mortar shall be Type M or S and masonry shall be laid in running bond. Minimum unit compressive strength is 1,900 psi.

b Alternative reinforcing bar sizes and spacings having an equivalent cross-sectional area of reinforcement per lineal foot of wall shall be permitted provided the spacing of the reinforcement does not exceed 72 inches.

c Vertical reinforcement shall be Grade 60 minimum. The distance from the face of the soil side of the wall to the center of vertical reinforcement shall be no greater than 2.5 inches.

d Soil classes are in accordance with the Unified Soil Classification System. Refer to Table R405.1.

e Interior concrete floor slab-on-grade shall be placed tight to the wall. The exterior grade level shall be 6 inches minimum below the top of wall. Maximum height from top of slab-on-grade to bottom of floor joists is 10 feet, 0 inches. Unbalanced backfill height is the difference in height of the exterior finish ground levels and the top of the interior concrete slab-on-grade.

f Minimum footing size of 20 inches by 8 inches shall be placed on soil with a bearing capacity of 2,000 psf. Minimum concrete compressive strength of footing shall be 3,000 psi.

g Provide propped cantilever wall: top of footing shall be 16 inches below the bottom of the concrete floor slab minimum.

h Provide #5 Grade 60 dowels, 1 foot, 6 inches long, to connect footing to wall. Embed dowel 5 inches into footing. Place dowels in center of wall thickness spaced at 32 inches on center maximum. No dowels are required where length of the foundation wall between perpendicular walls is two times the foundation wall height or less.

i This table is applicable where the length of the foundation wall between perpendicular walls is 35 feet or less, or where the length of the foundation laterally supported on only one end by a perpendicular wall is 17 feet or less.

j Maximum wall height is measured from top of the foundation wall to the bottom of the interior concrete slab-on-grade.

k Install foundation anchorage per Section R403.1.6.

Subp. 7. IRC Table R404.1.1(6).

Section R404 is amended by adding a new table as follows:

TABLE R404.1.1(6)

CANTILEVERED CONCRETE AND MASONRY FOUNDATION WALLS

a Mortar shall be Type M or S and masonry shall be laid in running bond. Minimum unit compressive strength is 1,900 psi.

c Vertical reinforcement shall be Grade 60 minimum. The distance from the face of the soil side of the wall to the center of vertical reinforcement shall be no greater than 2.5 inches.

d Soil classes are in accordance with the Unified Soil Classification System. Refer to Table R405.1.

e Interior concrete slab-on-grade shall be placed tight to the wall. The exterior grade level shall be 6 inches minimum below the top of wall. Maximum height from top of slab-on-grade to bottom of floor joists is 10 feet, 0 inches. Unbalanced backfill height is the difference in height of the exterior finish ground levels and the top of the interior concrete slab-on-grade.

f Minimum footing size of 20 inches by 8 inches shall be placed on soil with a bearing capacity of 2,000 psf. Minimum concrete compressive strength of footing shall be 3,000 psi.

g Provide propped cantilever wall: top of footing shall be 16 inches below the bottom of the concrete floor slab minimum.

j Maximum wall height is measured from top of the foundation wall to the bottom of the interior concrete slab-on-grade.

k Install foundation anchorage per Section R403.1.6.

Subp. 8. IRC Table R404.1.1(7).

Section R404 is amended by adding a new table as follows:

TABLE R404.1.1(7)

CANTILEVERED CONCRETE AND MASONRY FOUNDATION WALLS

a Mortar shall be Type M or S and masonry shall be laid in running bond. Minimum unit compressive strength is 1,900 psi.

c Vertical reinforcement shall be Grade 60 minimum. The distance from the face of the soil side of the wall to the center of vertical reinforcement shall be no greater than 3 inches.

d Soil classes are in accordance with the Unified Soil Classification System. Refer to Table R405.1.

f Minimum footing size of 20 inches by 8 inches shall be placed on soil with a bearing capacity of 2,000 psf. Minimum concrete compressive strength of footing shall be 3,000 psi.

g Provide propped cantilever wall: top of footing shall be 16 inches below the bottom of the concrete floor slab minimum.

j Maximum wall height is measured from top of the foundation wall to the bottom of the interior concrete slab-on-grade.

k Install foundation anchorage per Section R403.1.6.

Subp. 9. IRC section R404.1.1.

Section R404.1.1 is amended by adding the following exception to condition 2:

Exception: Cantilevered concrete and masonry foundation walls constructed in accordance with Table R404.1.1(5), R404.1.1(6), or R404.1.1(7).

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0406 Section R406, Foundation Waterproofing and Dampproofing

Subpart 1. IRC section R406.1.

Section R406.1 is deleted in its entirety.

Subp. 2. IRC section R406.2.

Section R406.2 is amended to read as follows:

R406.2 Concrete and masonry foundation waterproofing. Exterior foundation walls that retain earth and enclose below grade interior spaces, floors, and crawl spaces shall be waterproofed. Waterproofing shall be installed at a minimum from the top of the footing to the finished grade or in accordance with the manufacturer's installation instructions. Walls shall be waterproofed in accordance with one of the following:

2-ply hot-mopped felts.
55 pound (25 kg) roll roofing.
6-mil (0.15 mm) polyvinyl chloride.
6-mil (0.15 mm) polyethylene.
40-mil (1 mm) polymer-modified asphalt.
60-mil (1.5 mm) flexible polymer cement.
1/8-inch cement based, fiber reinforced, waterproof coating.
60-mil (1.5 mm) solvent free liquid applied synthetic rubber.

Exception: Organic solvent-based products such as hydrocarbons, chlorinated hydrocarbons, ketones, and esters shall not be used for ICF walls with expanded polystyrene form material. Use of plastic roofing cements, acrylic coatings, latex coatings, mortars, and pargings to seal ICF walls is permitted. Cold-setting asphalt or hot asphalt shall conform to Type C of ASTM D 449. Hot asphalt shall be applied at a temperature of less than 200° F (90° C).

All joints in membrane waterproofing shall be lapped and sealed with an adhesive compatible with the membrane.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1309.0506 [Repealed, 32 SR 12]

[Repealed, 32 SR 12]

Minn. R. 1309.0507 Section R507, Exterior Decks

Subpart 1. IRC Table R507.3.1.

Table R507.3.1 is modified to read as follows:

TABLE R507.3.1

MINIMUM FOOTING SIZE FOR DECKS

For SI: 1 inch = 25.4 mm, 1 square foot = 0.0929 m2, 1 pound per square foot = 0.0479 kPa.

a Interpolation permitted, extrapolation not permitted.

b Live load = 40 psf, dead load = 10 psf.

c Assumes minimum square footing to be 12 inches x 12 inches x 6 inches for a 6 x 6 post.

d If the support is a brick or CMU pier, the footing shall have a minimum 2-inch projection on all sides.

e Area, in square feet, of deck surface supported by post and footings.

Subp. 2. IRC Table R507.5.

Table R507.5 is amended by modifying footnote "a" to read as follows:

a Live load = 40 psf, dead load = 10 psf, L/∆ = 360 at main span, L/∆ = 180 at cantilever with a 220-pound load applied at the end.

Subp. 3. IRC Table R507.6.

Table R507.6 is amended by modifying footnotes "b" and "c" to read as follows:

b Live load = 40 psf, dead load = 10 psf, L/∆ = 360.

c Live load = 40 psf, dead load = 10 psf, L/∆ = 360 at main span, L/∆ = 180 at cantilever with a 220-pound point load applied to end.

Subp. 4. IRC Table 507.9.1.3(1).

Table R507.9.1.3(1) is modified to read as follows:

TABLE R507.9.1.3(1)

DECK LEDGER CONNECTION TO BAND JOISTa

(Deck live load = 40 psf, deck dead load = 10 psf)

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound per square foot = 0.0479 kPa.

a Ledgers shall be flashed in accordance with Section R703.4 to prevent water from contacting the house band joist.

b The tip of the lag screw shall fully extend beyond the inside face of the band joist.

c Sheathing shall be wood structural panel or solid sawn lumber.

d Sheathing shall be permitted to be wood structural panel, gypsum board, fiberboard, lumber, or foam sheathing. Up to 1/2-inch thickness of stacked washers shall be permitted to substitute for up to 1/2-inch of allowable sheathing thickness where combined with wood structural panel or lumber sheathing.

History

Statutory Authority: MS s 326B.02
History: 44 SR 764

Minn. R. 1309.0602 Section R602, Wood Wall Framing

Subpart 1. IRC Table R602.3.1.

Table R602.3.1 is amended to read as follows:

TABLE R602.3.1

MAXIMUM ALLOWABLE LENGTH OF WOOD WALL STUDS EXPOSED TO

WIND SPEEDS OF 115 MPH OR LESSb,c,d,e,f,g,h,i,j

Where conditions are not within the parameters

of footnotes "b," "c," "d," "e," "f," "g," "h," "i," and "j,"

design is required.

a Design required.

b Applicability of these tables assumes the following: SPF#2 or better, Ground snow = 60 psf, Roof snow = 42 psf, Component and Cladding Zone 4 - 50 square feet (Exposure B = 14.3 psf, Exposure C = 18.4 psf), eaves not greater than 2.0 feet in dimension.

c The exterior of the wall shall be continuously sheathed in accordance with one of the materials listed in items 30 to 36 in Table R602.3(1), including the prescribed fastening. All wall bracing requirements shall be in accordance with Section R602.10.

d Studs shall be continuous full height. Where studs do not extend full height due to a wall opening, full height studs shall be provided on each side of the opening, equal in number to the spacing of the required full height studs multiplied by half the width of the opening, plus one stud. Where multiple openings occur adjacent to one another, framing between openings shall include the total of all full height studs required for both openings combined.

e Full depth blocking is required at 10-foot spacing maximum.

f Utility, standard, stud, and No. 3 grade lumber of any species are not permitted.

g This table is based on a maximum allowable deflection limit of L/120.

h Where the sill plate of the frame wall bears on the supporting foundation and the frame wall is less than 12 feet in height, anchor the sill plate to the supporting foundation wall with 1/2-inch diameter anchor bolts spaced a maximum of 6 feet on center. For frame walls more than 12 feet but not exceeding 24 feet in height, anchor the sill plate to the supporting foundation wall with 1/2-inch diameter anchor bolts spaced a maximum of 3 feet on center.

i Where the sill plate of the frame wall bears on the supporting floor framing, it shall be fastened to the rim board through the subfloor using 8d common (3-1/2 by 0.131) nails or equivalent fastening spaced at 6 inches on center.

j For frame walls up to 20 feet in height, fasten the studs to the top and sole plates in accordance with Table R602.3(1). For frame walls that are more than 20 feet in height, fasten the studs to the top plate and sole plate using fastening or an approved fastener that is capable of supporting at least 450 pounds.

Subp. 2.

[Repealed, 44 SR 764]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0612 [Repealed, 44 SR 764]

[Repealed, 44 SR 764]

Minn. R. 1309.0613 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1309.0702 Section R702, Interior Covering

Subpart 1.

[Repealed, 44 SR 764]

Subp. 2. IRC section R702.7 Vapor retarders.

Section R702.7 is amended to read as follows:

R702.7 Vapor retarders. A Class I or II vapor retarder is required on the interior side of frame walls in Climate Zones 6 and 7. Class II vapor retarders are permitted only when specified on the construction documents.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 91; 44 SR 764

Minn. R. 1309.0703 Section R703, Exterior Covering

Subpart 1.

[Repealed, 32 SR 12]

Subp. 2.

[Repealed, 32 SR 12]

Subp. 2a. IRC Section R703.2 Water-resistive barrier.

Section R703.2 is amended to read as follows:

R703.2 Water-resistive barrier. One layer of No. 15 asphalt felt, free from holes and breaks, complying with ASTM D 226 for Type 1 felt or other approved water-resistive barrier shall be applied over studs or sheathing of all exterior walls. No. 15 asphalt felt shall be applied horizontally, with the upper layer lapped over the lower layer not less than 2 inches (51 mm). Where joints occur, felt shall be lapped not less than 6 inches (152 mm). Other approved materials shall be installed in accordance with the water-resistive barrier manufacturer's installation instructions. The No. 15 asphalt felt or other approved water-resistive barrier material shall overlap the flashings required in Section R703.4 not less than 2 inches (51 mm). The No. 15 asphalt felt or other approved water-resistive barrier material shall be continuous up to the underside of the rafter or truss top chord and terminated at penetrations and building appendages in a manner to meet the requirements of the exterior wall envelope as described in Section R703.1.

Subp. 2b. IRC section R703.4 Flashing.

Section R703.4 is amended and a subsection is added to read as follows:

R703.4 Flashing. Approved corrosion-resistant flashing shall be applied shingle-fashion in such a manner as to prevent entry of water into the wall cavity or penetration of water to the building structural framing components. Self-adhered membranes used as flashing shall comply with AAMA 711. Fluid-applied membranes used as flashing in exterior walls shall comply with AAMA 714. The flashing shall extend to the surface of the exterior wall finish. Approved corrosion-resistant flashing shall be installed at all of the following locations:

Exterior window and door openings. Flashing shall be installed at the head and sides of exterior window and door openings and shall extend to the surface of the exterior wall finish or to the water-resistive barrier for subsequent drainage. Flashing at exterior window and door openings shall be installed in accordance with at least one of the following:

(a) the fenestration manufacturer's installation and flashing instructions. When flashing is not addressed in the fenestration manufacturer's instructions, it shall be installed in accordance with the flashing manufacturer's instructions;

(b) in accordance with the flashing design or method of a registered design professional; and

At the intersection of chimneys or other masonry construction with frame or stucco walls, with projecting lips on both sides under stucco copings.
Under and at the ends of masonry, wood, or metal copings and sills.
Continuously above all projecting wood trim.
Where exterior porches, decks, or stairs attach to a wall or floor assembly of wood-frame construction.
At wall and roof intersections.
At built-in gutters.
Where exterior material meets in other than a vertical line.
Where the lower portion of a sloped roof stops within the plane of an intersecting wall cladding in such a manner as to divert water away from the assembly in compliance with Section R903.2.1.
At the intersection of the foundation and rim joist framing when the exterior wall covering does not lap the foundation insulation.

R703.4.1 Pan flashing of windows and doors. Pan flashing shall be installed in accordance with the fenestration manufacturer's installation and flashing instructions. Where flashing instructions or details are not provided, pan flashing shall be installed at the sill of exterior window and door openings. Pan flashing shall be sealed or sloped in such a manner as to direct water to the surface of the exterior wall finish or to the water-resistive barrier for subsequent drainage.

Exceptions:

Windows or doors installed in accordance with the manufacturer's installation instructions which include an alternate flashing method.
Windows or doors in detached accessory structures.
Skylights, bow or bay windows.
Doors required to meet accessibility requirements that would prevent the installation of pan flashing.
Repairs or replacement of existing windows and doors.
When a method is provided by a registered design professional.

Subp. 3. IRC Section R703.7.

Section R703.7 is amended to read as follows:

R703.7 Exterior plaster. Installation of these materials shall be in compliance with ASTM C 926 and ASTM C 1063 and provisions of this code.

R703.7.1 Lath. All lath and lath attachments shall be of corrosion-resistant materials. Expanded metal or woven wire lath shall be attached with 11 gage nails having a 7/16-inch (11.1 mm) head or 16 gage staples, spaced at no more than 6 inches (152 mm) or as otherwise approved. Nails or staples shall penetrate wood framing support members not less than 3/4-inch (19 mm).

R703.7.1.1 Control joints and expansion joints. Provisions for the control of expansion shall be determined by the exterior plaster application designer. ASTM C 1063 Sections 7.11.4 - 7.11.4.4 do not apply.

R703.7.2 Plaster. Plastering with portland cement plaster shall be in accordance with ASTM C926. Cement materials shall be in accordance with one of the following:

Masonry cement conforming to ASTM C91 Type M, S, or N.
Portland cement conforming to ASTM C150 Type I, II, or III.
Blended hydraulic cement conforming to ASTM C595 Type IP, IS (<70), IL, or IT (S < 70).
Hydraulic cement conforming to ASTM C1157 Type GU, HE, MS, HS, or MH.
Plastic (stucco) cement conforming to ASTM C1328.

Plastering with portland cement plaster shall be not less than three coats when applied over metal lath or wire lath and shall be not less than two coats when applied over masonry, concrete, pressure-preservative treated wood, or decay-resistant wood as specified in Section R317.1 or gypsum backing. If the plaster surface is completely covered by veneer or other facing material or is completely concealed, plaster application need be only two coats, provided the total thickness is as set forth in Table R702.1(1).

On wood-frame construction with an on-grade floor slab system, exterior plaster shall be applied to cover, but not extend below, lath, paper, and screed.

R703.7.2.1 Weep screeds. A minimum 0.019-inch (0.5 mm) (No. 26 galvanized sheet gage), corrosion-resistant weep screed or plastic weep screed, with a minimum vertical attachment flange of 3-1/2 inches (89 mm) shall be provided at or below the foundation plate line on exterior stud walls in accordance with ASTM C 1063. The weep screed shall be placed a minimum of 4 inches (102 mm) above the earth or 2 inches (51 mm) above paved areas and shall be of a type that will allow trapped water to drain to the exterior of the building. The weather-resistant barrier shall lap the attachment flange. The exterior lath shall cover and terminate on the attachment flange of the weep screed.

R703.7.3 Water-resistive barriers. Water-resistive barriers shall be installed as required in Section R703.2 and, where applied over wood-based sheathing, shall include two layers of a water-resistive vapor-permeable barrier. Each layer shall meet both of the following requirements:

A water resistance of not less than that of 60-minute Grade D paper; or a minimum hydrostatic head of 23-31/32 inches (60.9 cm) when tested in accordance with hydrostatic pressure test method AATCC 127-2008; or a minimum water transudation time of 60 minutes when tested in accordance with ASTM D-779.
A water vapor permeance of not less than that of No. 15 felt; or a minimum permeance rating of 8.5 gr/h.ft.2 in Hg (US perm) (4.9 x 1010kg/Pa.s.m2) when tested in accordance with Procedure B of ASTM E96.

Exception: One layer of water-resistive barrier complying with R703.2 is permitted when a drainage space that allows bulk water to flow freely behind the cladding is provided.

R703.7.4 Application. Each coat shall be kept in a moist condition for at least 48 hours prior to application of the next coat.

Exception: Applications installed in accordance with ASTM C 926. The second coat is permitted to be applied as soon as the first coat has attained sufficient rigidity to receive the second coat.

R703.7.5 Curing. The finish coat for two-coat cement plaster shall not be applied sooner than seven days after application of the first coat. For three-coat cement plaster, the second coat shall not be applied sooner than 48 hours after application of the first coat, except as required in Section R703.7.4. The finish coat for three-coat cement plaster shall not be applied sooner than seven days after application of the second coat.

Subp. 3a.

[Repealed, 39 SR 91]

Subp. 4.

[Repealed, 32 SR 12]

Subp. 5.

[Repealed, 32 SR 12]

Subp. 6.

[Repealed, 32 SR 12]

Subp. 7.

[Repealed, 32 SR 12]

Subp. 8.

[Repealed, 32 SR 12]

Subp. 8a.

[Repealed, 44 SR 764]

Subp. 8b.

[Repealed, 44 SR 764]

Subp. 9.

[Repealed, 44 SR 764]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1475; 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0802 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1309.0806 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Minn. R. 1309.0807 Section R807, Attic Access

IRC Section R807.1 is amended as follows:

R807.1 Attic access. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet (2.8 m2) and have a vertical height of 30 inches (762 mm) or greater. The vertical height shall be measured from the top of the ceiling framing members to the underside of the roof framing members.

The rough-framed opening shall be not less than 22 inches by 30 inches (559 mm by 762 mm) and shall be located in a hallway or other readily accessible location. Where located in a wall, the opening shall be not less than 22 inches wide by 30 inches high (59 mm wide by 762 mm high). Where the access is located in a ceiling, minimum unobstructed head-room in the attic space shall be 30 inches (762 mm) at some point above the access measured vertically from the bottom of ceiling framing members. See Minnesota Rules, chapter 1346, the Minnesota Mechanical Code, for access requirements where mechanical equipment is located in attics.

History

Statutory Authority: MS s 326B.02
History: 44 SR 764

Minn. R. 1309.0903 Section R903, Weather Protection

IRC Section R903.2.1 is amended as follows:

R903.2.1 Locations. Flashings shall be installed at wall and roof intersections, wherever there is a change in roof slope or direction and around roof openings. A kick-out flashing shall be installed to divert the water away from where the eave of a sloped roof intersects a vertical sidewall. The kick-out flashing on the roof shall be a minimum of 2-1/2 inches (63.5 mm) long. Where flashing is of metal, the metal shall be corrosion-resistant with a thickness of not less than 0.019 inch (0.5 mm) (No. 26 galvanized sheet).

R903.2.1.1 Existing buildings and structures. Kick-out flashings shall be required in accordance with Section R903.2.1 when re-siding or simultaneously re-siding and re-roofing existing buildings and structures.

Exception: Kick-out flashings are not required when only re-roofing existing buildings and structures.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91; 44 SR 764

Minn. R. 1309.0905 Section R905, Requirements for Roof Coverings

Subpart 1. IRC section R905.2.1.

Section R905.2.1 is amended as follows:

R905.2.1 Sheathing requirements. Asphalt shingles shall be fastened to solidly sheathed decks or 1-inch thick nominal wood boards.

Subp. 2. IRC section R905.2.8.5.

Section R905.2.8.5 is deleted in its entirety.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 32 SR 12; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 91

Minn. R. 1309.4300 [Repealed, 39 SR 91]

[Repealed, 39 SR 91]

Chapter 1311 REHABILITATION OF EXISTING BUILDINGS

Minn. R. 1311.0010 Adoption by Reference of the International Existing Building Code

Subpart 1. General.

For the purposes of this chapter, "IEBC" means the 2018 edition of the International Existing Building Code as promulgated by the International Code Council (ICC), Washington, D.C. The IEBC is incorporated by reference and made a part of the Minnesota State Building Code, except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended in this chapter. Portions of this publication reproduce excerpts from the 2018 IEBC, International Code Council (ICC), Washington, D.C., reproduced with permission, all rights reserved. The 2018 IEBC is not subject to frequent change and a copy of the 2018 IEBC, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

Subp. 1a. Deleted appendices.

The appendices to the IEBC are deleted and are not made a part of this code.

Subp. 2. Mandatory chapters.

IEBC chapters 2 to 16 are required and are incorporated into the Minnesota State Building Code, except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended by this chapter. Amendments to IEBC section 305 are incorporated by reference in this chapter, but the amendments to that section are located in Minnesota Rules, chapter 1341, the Minnesota Accessibility Code. Referenced documents cited in IEBC section 305, and Minnesota Rules, chapter 1341, apply, unless otherwise stated or deleted. For the complete application and mandatory requirements relating to IEBC section 305, see Minnesota Rules, chapter 1341.

Subp. 3. Replacement chapters and provisions.

The following IEBC chapters or sections are deleted and replaced with the provisions listed in items A to D:

A. Administration. Chapter 1 of the 2018 IEBC and any references to code administration in this code are deleted and replaced with Minnesota Rules, chapter 1300, Administration of the State Building Code.

B. Elevators and platform lift provisions. Reference to elevator and platform lift provisions in the IEBC mean Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

C. Flood hazard or floodproofing provisions. Any flood hazard or floodproofing provisions in the IEBC and any reference to those provisions are deleted in their entirety. Requirements for floodproofing are located in Minnesota Rules, chapter 1335, Floodproofing Regulations.

D. Construction safeguards. IEBC chapter 15, Construction Standards, is deleted and replaced with IBC chapter 33 as adopted and amended in Minnesota Rules, chapter 1305, Safeguards During Construction.

Subp. 4. Seismic or earthquake provisions.

Any seismic or earthquake provisions of the IEBC and any references to them are deleted and are not made a part of this code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 1 s 1; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 95; 44 SR 487

Minn. R. 1311.0020 References to Other International Code Council Codes

Subpart 1. General.

References to other codes and standards promulgated by the International Code Council in the IEBC are modified as established in this part.

Subp. 2. Building code.

References to the "building code," the "Minnesota Building Code," the "International Building Code," or "IBC" in this code mean Minnesota Rules, chapter 1305, Adoption of the International Building Code, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 3. Fire code.

References to the "International Fire Code" do not apply and are deleted.

Subp. 4. Property maintenance code.

References to the "property maintenance code" or the "International Property Maintenance Code" in this code do not apply and are deleted.

Subp. 5. Fuel gas code.

References to the "fuel gas code" or the "International Fuel Gas Code" in this code mean Minnesota Rules, chapter 1346, Minnesota Mechanical and Fuel Gas Codes, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 6. Mechanical code.

References to the "mechanical code" or the "International Mechanical Code" in this code mean Minnesota Rules, chapter 1346, Minnesota Mechanical and Fuel Gas Codes, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 7. Plumbing code.

References to the "plumbing code" or the "International Plumbing Code" in this code mean Minnesota Rules, chapter 4714, Plumbing Code, adopted pursuant to Minnesota Statutes, section 326B.43.

Subp. 8. Energy conservation code.

References to the "energy conservation code" or the "International Energy Conservation Code" in this code mean Minnesota Rules, chapters 1322 and 1323, Minnesota Residential and Commercial Energy Codes, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 9. Residential code.

References to the "residential code" or the "International Residential Code" in this code do not apply and are deleted.

Subp. 10. Private sewage disposal code.

References to the "private sewage disposal code" or the "International Private Sewage Disposal Code" in this code mean Minnesota Rules, chapter 7080, the Minnesota Pollution Control Agency's minimum standards and criteria for individual sewage treatment systems adopted pursuant to Minnesota Statutes, chapters 103F, 103G, 115, and 116.

Subp. 11. Electrical code.

References to the "electrical code" or NFPA 70's "National Electrical Code" in this code mean Minnesota Rules, chapter 1315, Minnesota Electrical Code, adopted pursuant to Minnesota Statutes, section 326B.35.

Subp. 12. Minnesota State Building Code.

References to the "Minnesota State Building Code" in this chapter shall have the same meaning as "code" in part 1300.0070, subpart 8.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 40 SR 71; 44 SR 487

Subp. 2. Section 202, General definitions; amended.

The following definitions in IEBC section 202 are amended to read as follows:

CODE OFFICIAL. "Code official" and "building code official" have the same meaning as "building official" in part 1300.0070, subpart 5.

EXISTING BUILDING. "Existing building" means a building erected prior to the effective date of this code, or one for which a legal building permit has been issued.

HISTORIC BUILDING. "Historic building" has the meaning given in part 1300.0070, subpart 12a.

REPAIR. "Repair" means the reconstruction, individual component replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.

SUBSTANTIAL DAMAGE. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. "Substantial improvement" means any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure, before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either of the following:

any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the code official and that is the minimum necessary to ensure safe living conditions; or
any alteration of a historic building, provided that the alteration will not preclude the building's continued designation as a historic building.

TECHNICALLY INFEASIBLE, ACCESSIBILITY. "Technically infeasible, accessibility" means an alteration of a building that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other physical or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

TECHNICALLY INFEASIBLE, STAIR CONSTRUCTION. "Technically infeasible, stair construction" means an alteration of a building that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing structural element that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for stair construction.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 95; 44 SR 487

Minn. R. 1311.0203 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1311.0205 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1311.0206 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1311.0301 Section 301, Administration

Subpart 1. Section 301.3.1 Prescriptive compliance methods.

IEBC section 301.3.1 is amended to read as follows:

301.3.1 Prescriptive compliance methods. Alterations, additions, or changes of occupancy complying with chapter 5 of this code shall be considered in compliance with the provisions of this code.

Subp. 2. Section 301.5 Compliance with accessibility.

IEBC section 301.5 is amended to read as follows:

301.5 Compliance with accessibility. Accessibility requirements for existing buildings shall comply with Minnesota Rules, chapter 1341, the Minnesota Accessibility Code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 95; 44 SR 487

Minn. R. 1311.0302 Section 302, General Provisions

IEBC section 302.3 is amended by adding a subsection to read as follows:

302.3.1 Window cleaning anchors. Building anchors for window cleaning safety shall comply with the Minnesota State Building Code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.0305 Section 305, Accessibility for Existing Buildings

IEBC section 305.1 is amended to read as follows:

305.1 General. Existing buildings or portions of existing buildings undergoing maintenance, change of occupancy, additions, alterations, or reconstruction due to substantial damage or substantial improvements shall be made accessible to persons with disabilities as required by Minnesota Rules, chapter 1341. Refer to Minnesota Rules, chapter 1341, the Minnesota Accessibility Code, for the complete application of section 305.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.0401 [Repealed, 44 SR 487]

[Repealed, 44 SR 487]

Minn. R. 1311.0402 [Renumbered 1311.0502]

Subpart 1. Section 502.4 Existing structural elements carrying gravity load.

IEBC section 502.4 is amended to read as follows:

502.4 Existing structural elements carrying gravity load. Any existing gravity load-carrying structural element for which an addition and its related alterations cause an increase in design dead, live, or snow load, including snow drift effects, that increases the demand-capacity ratio to more than 105 percent shall be replaced or altered as needed to carry the gravity loads required by the International Building Code for new structures. The evaluation of demand-capacity ratios and calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction. Any existing gravity load-carrying structural element whose vertical load-carrying capacity is decreased as a part of the addition and its related alteration shall be considered an altered element subject to the requirements of IEBC section 503.3. Any existing element that will form part of the lateral load path for any part of the addition shall be considered an existing lateral load-carrying structural element subject to the requirements of IEBC section 502.5.

(The exception remains unchanged.)

Subp. 1a. Section 502.5 Existing structural elements carrying lateral load.

The first exception to IEBC section 502.5 is amended to read as follows:

Any existing lateral load-carrying structural element for which an addition causes an increase in demand-capacity ratio to no more than 110 percent shall be permitted to remain unaltered. For purposes of calculating demand-capacity ratios, the demand shall consider applicable load combinations with design lateral loads or forces in accordance with IBC section 1609. For purposes of this exception, comparisons of demand-capacity ratios and calculation of design lateral loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

(The second exception remains unchanged.)

Subp. 2. Section 502.6 Smoke alarms in existing portions of a building.

IEBC section 502.6 is amended to read as follows:

502.6 Smoke alarms in existing portions of a building. Where an addition is made to a building or structure of a Group R or I-1 occupancy, the existing building shall be provided with smoke alarms in accordance with the Minnesota Building Code, chapter 1305.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0503 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 95; 44 SR 487

Minn. R. 1311.0504 Section 504, Fire Escapes

IEBC section 504.4 is amended to read as follows:

504.4 Dimensions. Existing and replacement fire escape stairs shall meet the minimum width, capacity, riser height, and tread depth as specified in Table 504.4.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 95; 44 SR 487

Minn. R. 1311.0505 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.0506 Section 506, Change of Occupancy

Subpart 1. Section 506.1 Compliance.

IEBC section 506.1 is amended to read as follows:

506.1 Compliance. Changes in the use or occupancy of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies shall be permitted if such building is made to comply with the requirements of the International Building Code for such division or group of occupancy. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this code for those groups, provided the new or proposed use is equally or less hazardous, based on life and fire risk, than the existing use based on Table 506.1.

Exception: The building need not be made to comply with IBC chapter 16 unless required by section 506.4.

(IEBC subsection 506.1.1 remains unchanged.)

Subp. 2. Table 506.1 Life safety and fire risk.

IEBC section 506.1 is amended by adding a table to read as follows:

(a) IRC-1, IRC-2, IRC-3, and IRC-4 occupancy classifications are included only to determine relative hazard level where residential structures are converted to nonresidential uses in a change of occupancy. See part 1300.0070, subpart 12b, for occupancy classifications.

Subp. 3. Section 506.1.2 Small assembly spaces.

IEBC section 506.1 is amended by adding a subsection to read as follows:

506.1.2 Small assembly spaces. The following rooms and spaces shall not be classified as assembly occupancies:

A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to another occupancy shall be classified as part of that occupancy or as a Group B occupancy.
A room or space used for assembly purposes that is less than 750 square feet (70 m2) in area and accessory to another occupancy shall be classified as part of that occupancy or as a Group B occupancy.

Subp. 4. Section 506.4.1 Live loads.

The exception to IEBC section 506.4.1 is amended to read as follows:

Exception: Structural elements whose demand-capacity ratio considering the change of occupancy is not more than 105 percent of the demand-capacity ratio based on previously approved live loads need not comply with this section. For purposes of this exception, the comparison of demand-capacity ratios and calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 95; 44 SR 487

Minn. R. 1311.0601 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1311.0603 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1311.0604 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1311.0606 [Renumbered 1311.0405]

[Renumbered 1311.0405]

Minn. R. 1311.0702 Section 702, Building Elements and Materials

IEBC section 702.5 is amended and a subsection is added to read as follows:

702.5 Replacement window emergency escape and rescue openings. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies, replacement windows shall be exempt from the requirements of IBC sections 1030.2, 1030.3, and 1030.4, provided that the replacement window meets the following conditions:

The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
The replacement window is not part of a change of occupancy.

Window opening control devices complying with ASTM F2090 shall be permitted for use on windows required to provide emergency escape and rescue openings.

702.5.1 Licensed facilities. Windows in rooms used for foster care or day care licensed or registered by the state of Minnesota shall comply with the provisions of section 702.5 or all of the following conditions, whichever is more restrictive:

a. minimum of 20 inches in clear opening width;

b. minimum of 20 inches in clear opening height;

c. minimum of 648 square inches (4.5 square feet) clear opening; and

d. maximum of 48 inches from the floor to the bottom of the clear opening.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.0704 Section 704, Means of Egress

Section 704.1 General. IEBC section 704.1 is amended to read as follows:

704.1 General. Alterations shall be done in a manner that maintains the level of fire protection provided for the means of egress.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95

Minn. R. 1311.0706 Section 706, Structural

IEBC section 706.2 is amended to read as follows:

706.2 Addition or replacement of roofing or replacement of equipment. Any existing gravity load-carrying structural element for which an alteration causes an increase in design dead, live, or snow load, including snow drift effects, that increases the demand-capacity ratio to more than 105 percent shall be replaced or altered as needed to carry the gravity loads required by the International Building Code for new structures. The evaluation of demand-capacity ratios and calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

Exceptions:

Buildings of Group R occupancy with not more than five dwelling or sleeping units used solely for residential purposes where the altered building complies with the conventional light-frame construction methods of the International Building Code.
Buildings in which the increased dead load is due entirely to the addition of a second layer of roof covering weighing 3 pounds per square foot (0.1437 kN/m2) or less over an existing single layer of roof covering.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0707 Section 707, Energy Conservation

Section 707 Energy conservation. IEBC section 707 is amended by deleting the section in its entirety and replacing it with the following:

707 Energy conservation. For energy conservation requirements, see Minnesota Rules, chapters 1322 and 1323, as applicable.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95

Minn. R. 1311.0801 Section 801, General

IEBC section 801.1 is amended by deleting the exception and amending the section to read follows:

801.1 Scope. Level 2 alterations as described in IEBC section 603 shall comply with the requirements of this chapter.

(The exception pertaining to accessibility requirements is deleted.)

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0802 [Repealed, 44 SR 487]

[Repealed, 44 SR 487]

Minn. R. 1311.0803 [Repealed, 44 SR 487]

[Repealed, 44 SR 487]

Minn. R. 1311.0805 Section 805, Means of Egress

Subpart 1. Section 805.2 General.

IEBC section 805.2 is amended to read as follows:

805.2 General. The means of egress shall comply with the requirements of IEBC section 805.

Exception: Means of egress conforming to the requirements of the Minnesota Building Code chapter under which the building was constructed shall be considered compliant means of egress if, in the opinion of the code official, they do not constitute a distinct hazard to life.

Subp. 2.

[Repealed, 44 SR 487]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0806 Section 806, Structural

Subpart 1. Section 806.2 Existing structural elements carrying gravity loads.

IEBC section 806.2 is amended to read as follows:

806.2 Existing structural elements carrying gravity loads. Any existing gravity load-carrying structural element for which an alteration causes an increase in design dead, live, or snow load, including snow drift effects, that increases the demand-capacity ratio to more than 105 percent shall be replaced or altered as needed to carry the gravity loads required by the International Building Code for new structures. The evaluation of demand-capacity ratios and calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction. Any existing gravity load-carrying structural element whose gravity load-carrying capacity is decreased as part of the alteration shall be shown to have the capacity to resist the applicable design dead, live, and snow loads, including snow drift effects, required by the International Building Code for new structures.

(The exceptions remain unchanged.)

Subp. 2. Section 806.3 Existing structural elements resisting lateral loads.

The exception to section 806.3 is amended to read as follows:

Exception: Any existing lateral load-carrying structural element for which an alteration causes an increase in demand-capacity ratio to no more than 110 percent shall be permitted to remain unaltered. For purposes of calculating demand-capacity ratios, the demand shall consider applicable load combinations with design lateral loads or forces in accordance with IBC section 1609. For purposes of this exception, comparisons of demand-capacity ratios and calculation of design lateral loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.0807 [Repealed, 44 SR 487]

[Repealed, 44 SR 487]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0808 [Renumbered 1311.0807]

[Renumbered 1311.0807]

Minn. R. 1311.0809 Section 809, Plumbing

IEBC section 809.1 is amended to read as follows:

809.1 Minimum fixtures. Where the occupant load of the story is increased by more than 20 percent, plumbing fixtures for the story shall be provided in quantities specified in Minnesota Rules, chapter 1305, based on the increased occupant load.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0810 [Renumbered 1311.0809]

[Renumbered 1311.0809]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0811 [Renumbered 1311.0810]

[Renumbered 1311.0810]

Minn. R. 1311.0901 Section 901, General

IEBC section 901.2 is amended by deleting the exception to section 901.2.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.0903 Section 903, Building Elements and Materials

Section 903.2.1 Separation required. IEBC section 903.2.1 is amended to read as follows:

903.2.1 Separation required. Where the work area is in any attached dwelling unit in Group R-3 occupancies, walls separating the dwelling units that are not continuous from the foundation to the underside of the roof sheathing shall be constructed to provide continuous fire separation using construction materials consistent with the existing wall or complying with the requirements for new structures. All work shall be performed on the side of the dwelling unit wall that is part of the work area.

Exception: Where alterations or repairs do not result in the removal of wall or ceiling finishes exposing the structure, walls are not required to be continuous through concealed floor spaces.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95

Minn. R. 1311.0907 Section 907, Energy Conservation

IEBC section 907.1 is amended to read as follows:

907.1 Minimum requirements. For energy conservation requirements, see Minnesota Rules, chapters 1322 and 1323, as applicable.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.0908 [Renumbered 1311.0907]

[Renumbered 1311.0907]

Minn. R. 1311.1006 Section 1006, Structural

The exception to IEBC section 1006.1 is amended to read as follows:

Exception: Structural elements whose demand-capacity ratio considering the change of occupancy is not more than 105 percent of the demand-capacity ratio based on previously approved live loads. The evaluation of demand-capacity ratios and calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.1007 [Repealed, 44 SR 487]

[Repealed, 44 SR 487]

Minn. R. 1311.1009 Section 1009, Plumbing

IEBC section 1009.1 is amended to read as follows:

1009.1 Increased demand. Where the occupancy of an existing building or part of an existing building is changed such that the new occupancy is subject to increased or different plumbing fixture requirements in accordance with Minnesota Rules, chapter 1305, or to increased water supply requirements in accordance with Minnesota Rules, chapter 4714, the new occupancy shall comply with Minnesota Rules, chapter 4714.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 40 SR 71; 44 SR 487

Minn. R. 1311.1010 [Renumbered 1311.1009]

[Renumbered 1311.1009]

Minn. R. 1311.1011 Section 1011, Change of Occupancy Classification

Subpart 1. Section 1011.1.1 Compliance with chapter 9.

IEBC section 1011.1.1 is amended to read as follows:

1011.1.1 Compliance with chapter 9. The requirements of IEBC chapter 9 shall be applicable throughout the building for the new occupancy classification based on the separation conditions in sections 1011.1.1.1 and 1011.1.1.2.

(IEBC subsections 1011.1.1.1 and 1011.1.1.2 remain unchanged.)

Subp. 2. Section 1011.2.1 Fire sprinkler system.

IEBC section 1011.2.1 is amended to read as follows:

1011.2.1 Fire sprinkler system. Where a change in occupancy classification occurs that requires an automatic fire sprinkler system to be provided based on the new occupancy in accordance with Minnesota Rules, chapter 1305, such system shall be provided throughout the area where the change of occupancy occurs.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.1012 [Renumbered 1311.1011]

[Renumbered 1311.1011]

Minn. R. 1311.1103 Section 1103, Structural

Subpart 1. Section 1103.1 Additional gravity loads.

IEBC section 1103.1 is amended to read as follows:

1103.1 Additional gravity loads. Any existing gravity load-carrying structural element for which an addition and its related alterations cause an increase in design dead, live, or snow load, including snow drift effects, that increases the demand-capacity ratio to more than 105 percent shall be replaced or altered as needed to carry the gravity loads required by the International Building Code for new structures. The evaluation of demand-capacity ratios and calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction. Any existing gravity load-carrying structural element whose gravity load-carrying capacity is decreased as part of the addition and its related alterations shall be considered to be an altered element subject to the requirements of section 806.2. Any existing element that will form part of the lateral load path for any part of the addition shall be considered to be an existing lateral load-carrying structural element subject to the requirements of section 1103.3.

(The exceptions remain unchanged.)

Subp. 2. Section 1103.2 Lateral force-resisting systems.

The exceptions to IEBC section 1103.2 are amended to read as follows:

Exceptions:

Buildings of Group R occupancy with no more than five dwelling or sleeping units used solely for residential purposes where the existing building and the addition comply with the conventional light-frame construction methods of the IBC.
Any existing lateral load-carrying structural element for which an addition causes an increase in demand-capacity ratio to no more than 110 percent shall be permitted to remain unaltered. For purposes of calculating demand-capacity ratios, the demand shall consider applicable load combinations with design lateral loads or forces in accordance with IBC section 1609. For purposes of this exception, comparisons of demand-capacity ratios and calculation of design lateral loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

Subp. 3.

[Repealed, 44 SR 487]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.1105 Section 1105, Carbon Monoxide Alarms in Groups I-1, I-2, I-4, and R

IEBC section 1105.1 is amended to read as follows:

1105.1 Carbon monoxide alarms in existing portions of a building. Where an addition is made to a building or structure of a Group I-1, I-2, I-4, or R occupancy, the existing building shall be equipped with carbon monoxide alarms in accordance with IBC section 915.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.1106 Section 1106, Storm Shelters

IEBC section 1106.1 is amended to read as follows:

1106.1 Addition to a Group E occupancy. Where an addition with an occupant load of 50 or more is made to an existing Group E occupancy, the addition shall have a storm shelter constructed in accordance with ICC 500 in the following counties: Anoka, Benton, Blue Earth, Brown, Carver, Chippewa, Chisago, Cottonwood, Dakota, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Hennepin, Houston, Isanti, Jackson, Kandiyohi, LeSueur, Lincoln, Lyon, Martin, McLeod, Meeker, Murray, Nicollet, Nobles, Olmsted, Pipestone, Ramsey, Redwood, Renville, Rice, Rock, Scott, Sherburne, Sibley, Steele, Stearns, Swift, Wabasha, Waseca, Washington, Watonwan, Winona, Wright, and Yellow Medicine.

Exceptions:

Group E day care facilities.
Group E occupancies accessory to places of religious worship.
Additions meeting the requirements for shelter design in ICC 500.

(Subsections 1106.1.1 and 1106.1.2 remain unchanged.)

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 487

Minn. R. 1311.1201 Section 1201, General

IEBC section 1201.2 is amended to read as follows:

1201.2 Report. A historic building undergoing alteration or change of occupancy shall be investigated and evaluated. A written report shall be prepared and filed with the code official by a registered design professional when such a report is necessary in the opinion of the code official. The report shall identify each required safety feature that is in compliance with this chapter and where compliance with provisions of this chapter would be damaging to the contributing historic features.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.1203 [Repealed, 44 SR 487]

[Repealed, 44 SR 487]

Minn. R. 1311.1301 [Renumbered 1311.1401]

[Renumbered 1311.1401]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.1302 [Renumbered 1311.1402]

[Renumbered 1311.1402]

Minn. R. 1311.1401 [Renumbered 1311.1301]

[Renumbered 1311.1301]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Minn. R. 1311.1402 Section 1402, Requirements

Subpart 1. Section 1402.3 Wind loads.

IEBC section 1402.3 is amended to read as follows:

1402.3 Wind loads. Buildings shall comply with International Building Code wind provisions, as applicable.

Exceptions:

Detached one- and two-family dwellings and Group U occupancies where wind loads at the new location are not higher than those at the previous location.
Structural elements whose demand-capacity ratio is not increased to more than 110 percent. For purposes of this exception, comparisons of demand-capacity ratios and calculation of design lateral loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

Subp. 2. Section 1402.5 Snow loads.

IEBC section 1402.5 is amended to read as follows:

1402.5 Snow loads. Structures shall comply with International Building Code snow loads as applicable where snow loads at the new location are higher than those at the previous location.

Exception: Structural elements whose demand-capacity ratio is not increased to more than 105 percent. For purposes of this exception, comparisons of demand-capacity ratios ad calculation of design gravity loads, forces, and capacities shall account for the cumulative effects of additions and alterations since original construction.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 487

Chapter 1322 RESIDENTIAL ENERGY CODE

Minn. R. 1322.0010 Adoption of International Energy Conservation Code (iecc) by Reference

Subpart 1. General.

Chapters 2(RE) to 5(RE) of the Residential Provisions of the 2012 edition of the International Energy Conservation Code (IECC) as promulgated by the International Code Council, Inc. (ICC), Washington, DC, is incorporated by reference and made part of the Minnesota State Building Code except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended in this chapter. Portions of this publication reproduce excerpts from the 2012 IECC, International Code Council, Inc. Washington, DC, copyright 2012, reproduced with permission, all rights reserved. The 2012 IECC is not subject to frequent change and a copy of the 2012 IECC with amendments for use in Minnesota is available in the office of the commissioner of labor and industry.

Subp. 2. Mandatory chapters.

Chapters 2(RE) to 5(RE) of the Residential Provisions of the 2012 IECC shall be administered by any municipality that has adopted the Minnesota State Building Code, except as qualified by applicable provisions in Minnesota Rules, chapter 1300, and as amended by this chapter.

Subp. 3. Replacement chapters.

Chapter 1 of the Residential Provisions of the IECC and any references to code administration are deleted and replaced with Minnesota Rules, chapter 1300, Minnesota Building Code Administration.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 33 SR 1480; 39 SR 232

Minn. R. 1322.0015 Administration and Purpose

Subpart 1. Administration.

This code shall be administered according to chapter 1300.

Subp. 2. Purpose.

The purpose of this chapter is to establish a minimum code of standards for the construction, reconstruction, alteration, and repair of residential buildings governing matters including design and construction standards regarding heat loss control, illumination, and climate control, pursuant to Minnesota Statutes, sections 326B.101, 326B.106, and 326B.13.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 33 SR 1480; 39 SR 232

Minn. R. 1322.0020 [Repealed, 39 SR 232]

[Repealed, 39 SR 232]

Minn. R. 1322.0030 References to Other International Code Council (icc) Codes

Subpart 1. Generally.

References to other codes and standards promulgated by the International Code Council in the International Energy Conservation Code are modified in this part.

Subp. 2. Building code.

References to the International Building Code mean the Minnesota Building Code, Minnesota Rules, chapter 1305, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 3. Residential code.

References to the International Residential Code mean the Minnesota Residential Code, Minnesota Rules, chapter 1309, and adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 4. Electrical code.

References to the International Code Council Electrical Code mean the Minnesota Electrical Code, Minnesota Rules, chapter 1315, adopted pursuant to Minnesota Statutes, section 326B.35.

Subp. 5. Fuel gas code.

References to the International Fuel Gas Code mean the Minnesota Mechanical and Fuel Gas Code, Minnesota Rules, chapter 1346, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 6. Mechanical code.

References to the International Mechanical Code mean the Minnesota Mechanical and Fuel Gas Code, Minnesota Rules, chapter 1346, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 7. Plumbing code.

References to the International Plumbing Code mean the Minnesota Plumbing Code, Minnesota Rules, chapter 4714, adopted pursuant to Minnesota Statutes, section 326B.435.

Subp. 8. Private sewage disposal code.

References to the International Private Sewage Disposal Code mean the Minnesota Pollution Control Agency's minimum standards and criteria for individual sewage treatment systems in Minnesota Rules, chapters 7080, 7082, and 7083, adopted pursuant to Minnesota Statutes, chapters 103F, 103G, 115, and 116.

Subp. 9. Energy conservation code.

References to the International Energy Conservation Code mean the Minnesota Energy Code, Minnesota Rules, chapters 1322 and 1323, adopted pursuant to Minnesota Statutes, section 326B.106.

Subp. 10. Property maintenance code.

References to the International Property Maintenance Code do not apply.

Subp. 11. Accessibility code.

References to accessibility mean the Minnesota Accessibility Code, Minnesota Rules, chapter 1341.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232; 40 SR 71

Minn. R. 1322.0040 Administrative Procedure Criteria

Procedures relating to the administration and enforcement pursuant to Minnesota Statutes, section 326B.101, are contained in Minnesota Rules, chapter 1300, Minnesota Building Code Administration, which govern the application of this code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0100 Administration for Residential Energy

Subpart 1. Administration.

In addition to the application of Minnesota Rules, chapter 1300, the administrative requirements in this part shall apply.

Subp. 2. Scope.

This code applies to residential buildings and associated systems and equipment as defined in the Residential Provisions of the 2012 IECC.

Subp. 3. Applicability.

A. Additions, alterations, renovations, or repairs. Additions, alterations, renovations, or repairs to an existing building, building system, or portion of a building shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with this code. Additions, alterations, renovations, or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building. Attic insulation shall not be installed unless accessible attic bypasses have been sealed. An attic bypass is any air passageway between a conditioned space and an unconditioned attic. Exceptions: The following are excepted from this part provided the energy use of the building is not increased: 1. Storm windows installed over existing windows. 2. Glass only replacements in an existing sash and frame. 3. Existing ceiling, wall, or floor cavities exposed during construction provided that these cavities are filled with insulation. 4. Construction where the existing roof, wall, or floor cavity is not exposed. 5. Reroofing and residing. 6. Replacement of existing doors that separate conditioned space from the exterior do not require the installation of a vestibule or revolving door; provided that an existing vestibule that separates a conditioned space from the exterior shall not be removed. 7. Alterations that replace less than 50 percent of the luminaires in a space, provided that the alterations do not increase the installed interior lighting power. 8. Alterations that replace only the bulb and ballast within the existing luminaires in a space, provided that the alteration does not increase the installed interior lighting power. 9. Insulation R-value, air barrier, and vapor retarder requirements are not applicable to existing foundations, crawl space walls, and basements in existing dwellings or dwelling units when the alteration or repair requires a permit if the original dwelling or dwelling unit permit was issued before June 1, 2009.

B. Change in occupancy or use. Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code.

C. Change in space conditioning. Any nonconditioned space that is altered to become conditioned space shall be brought into full compliance with this code.

D. Mixed occupancy. Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of this chapter and chapter 1323.

Subp. 4. Compliance.

Residential buildings shall meet the requirements of Minnesota Rules, chapter 1322. Commercial buildings shall meet the requirements of Minnesota Rules, chapter 1323.

A. Compliance materials. The building official is permitted to approve specific computer software, worksheets, compliance manuals, and other similar materials that meet the intent of this code.

B. Low energy buildings. The following buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this code are exempt from the building thermal envelope provisions of this code:

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0103 Construction Documents

Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems, and equipment as herein governed. The details shall include the following when applicable:

A. insulation materials and their R-values;

B. fenestration U-factors and SHGCs;

C. area-weighted U-factor and SHGC calculations;

D. mechanical system design criteria;

E. mechanical and service water heating system and equipment types, sizes, and efficiencies;

F. equipment and systems controls;

G. fan motor horsepower (hp) and controls;

H. duct sealing, and the location and insulation of ducts and pipes;

I. lighting fixture schedule with wattage and control narrative; and

J. air sealing details.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0201 Section R201, General

IECC section R201.4 is amended to read as follows:

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0202 Section R202, General Definitions

Subpart 1. Amended definitions.

IECC section R202 is modified by amending the following definitions to read as follows:

ACCESSIBLE. Signifies access that requires the removal of an access panel or similar removable obstruction.

APPROVED. "Approved" means approval by the building official, pursuant to the State Building Code, by reason of: inspection, investigation, or testing; accepted principles; computer simulations; research reports; or testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

Subp. 2. Added definitions.

IECC section R202 is modified by adding the following definitions to read as follows:

ACCESSIBLE, READILY. Signifies access without the necessity for removing a panel or similar obstruction.

AIR CIRCULATION, FORCED. A means of providing space conditioning using movement of air through ducts or plenums by mechanical means.

AIR, EXHAUST. Air discharged from any space to the outside by the residential ventilation system.

AIR, OUTDOOR. The air that is taken from the external atmosphere, and therefore not previously circulated through the HVAC system or the conditioned space.

AIR-CONDITIONING SYSTEM. A system that consists of heat exchangers, blowers, filters, and supply, exhaust, and return-air systems, and includes any apparatus installed in connection with the system.

BALANCED SYSTEM. A ventilation system in which the air intake is within ten percent of the exhaust output.

CODE. For purposes of this chapter, "this code" or "the code" means the Minnesota Residential Energy Code, Minnesota Rules, chapter 1322.

CUBIC FEET PER MINUTE (CFM). The quantity of air moved in one minute. A measurement typically applied to ventilation equipment.

ENERGY RECOVERY VENTILATOR (ERV). A device or combination of devices applied to transfer energy and moisture from the exhaust air stream for use within the dwelling.

FURNACE. A vented heating appliance designed or arranged to discharge heated air into a conditioned space or through a duct or ducts.

HEAT RECOVERY VENTILATOR (HRV). A device or combination of devices applied to transfer energy from the exhaust air stream for use within the dwelling.

MANUFACTURER'S INSTALLATION INSTRUCTIONS. Printed instructions included with equipment, the provision of which is one of the conditions for listing and labeling.

MECHANICAL VENTILATION. The mechanical process of supplying conditioned or unconditioned air to, or removing it from, any space.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0303 Section R303, Materials, Systems, and Equipment

Subpart 1. Section R303.1.

IECC section R303.1 is amended to read as follows:

R303.1 Identification. Materials, systems, and equipment shall be identified in a manner that will allow a determination of compliance with the applicable provisions of this code. Materials used shall be: (1) listed for the intended use; (2) installed in accordance with the manufacturer's installation instructions; and (3) installed by an installer who is certified by a manufacturer to install that specific product, if such certification exists. (Subsections R303.1.1, R303.1.1.1, R303.1.2, R303.1.3, and R303.1.4 still apply.)

Subp. 2. Section R303.1.5.

IECC section R303.1 is amended by adding a subsection to read as follows:

R303.1.5 Minnesota thermal insulation standards. Thermal insulation shall comply with Minnesota Rules, chapter 7640, Minnesota Thermal Insulation Standards, adopted by the Department of Commerce.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0401 Section R401, General

IECC section R401.3 is amended to read as follows:

R401.3 Certificate (mandatory). A building certificate shall be completed and posted on or in the electrical distribution panel by the builder or registered design professional. The certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label, or other required labels. The certificate shall list: the date the certificate is installed; the dwelling address; residential contractor name and contractor license number, or homeowner name, if acting as the general contractor; the predominant installed R-values, their location, and type of insulation installed in or on ceiling/roof, walls, rim/band joist, foundation, slab, basement wall, crawl space wall or floor, and ducts outside conditioned spaces; U-factors for fenestration and the solar heat gain coefficient (SHGC) of fenestration; and the results of any required duct system and building envelope air leakage testing done on the building. Where there is more than one value for each component, the certificate shall list the value covering the largest area. The certificate shall list the types, input ratings, manufacturers, model numbers and efficiencies of heating, cooling, and service water heating equipment. The certificate shall also list the structure's calculated heat loss, calculated cooling load, and calculated heat gain. Where an electric furnace or baseboard electric heater is installed in the residence, the certificate shall list "electric furnace" or "baseboard electric heater," as appropriate. An efficiency shall not be listed for electric furnaces or electric baseboard heaters. The certificate shall list the mechanical ventilation system type, location, and capacity, and the building's designated continuous and total ventilation rates. The certificate shall also list the type, size, and location of any make-up air system installed and the location or future location of the radon fan.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0402 Section R402, Building Thermal Envelope

Subpart 1. Table R402.1.1.

IECC Table R402.1.1 is amended to read as follows:

For SI: 1 foot = 304.8 mm.

a. R-values are minimums. U-factors and SHGC are maximums. When insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall not be less than the R-value specified in the table.

b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.

c. See section R402.2.8.

d. Insulation R-values for heated slabs shall be installed to the depth indicated or to the top of the footing, whichever is less.

e. Or insulation sufficient to fill the framing cavity, R-19 minimum.

f. First value is cavity insulation, second is continuous insulation or insulated siding, so "13+5" means R-13 cavity insulation plus R-5 continuous insulation or insulated siding. If structural sheathing covers 40 percent or less of the exterior, the continuous insulation R-value is permitted to be reduced by no more than R-3 in the locations where structural sheathing is used to maintain a consistent total sheathing thickness.

g. The second R-value applies when more than half the insulation is on the interior of the mass wall.

h. When using log-type construction for thermal mass walls the following applies:

(1) a minimum of a 7-inch diameter log shall be used; and

(2) the U-value of fenestration products shall be 0.29 overall on average or better.

i. See section 402.2.8. A minimum R-19 cavity insulation is required in wood foundation walls.

j. Roof/ceiling assemblies shall have a minimum 6-inch energy heel.

Subp. 2. Section R402.1.1 Insulation and fenestration criteria.

IECC section R402.1.1 is amended to read as follows:

R402.1.1 Insulation, waterproofing, and fenestration criteria. The building thermal envelope shall meet the requirements of Table R402.1.1 based on the climate zone specified in chapter 3, and the requirements contained in section R402.2. Cast-in-place concrete and masonry block foundation walls shall be waterproofed according to IRC section R406 and the following requirements:

The waterproofing shall extend from the top interior wall edge, across the top of the wall, and down the exterior wall face to the top of the footing. If a full width, closed-cell material is installed to create a seal between the sill plate and the top of the foundation wall, the installation is deemed to meet the requirements for the top of the wall waterproofing.
If the walls are exposed to the exterior environment, the waterproofing system shall have a rigid, opaque, and weather-resistant protective covering to prevent degradation of the waterproofing system. The protective covering shall cover the exposed waterproofing and extend a minimum of 6 inches (152 mm) below grade. The protective covering system shall be flashed in accordance with IRC section R703.8.

R402.1.1.1 Integral foundation insulation requirements. Any insulation assembly installed integral to the foundation walls shall be manufactured for that intended use and installed according to the manufacturer's installation instructions.

R402.1.1.2 Exterior draining foundation insulation requirements. Any insulation assembly installed on the exterior of the foundation walls and on the perimeter of slabs-on-grade that permits water drainage shall:

be made of water-resistant materials manufactured for that intended use;
be installed according to the manufacturer's installation instructions;
comply with either ASTM C578, C612, or C1029, as applicable; and
have a rigid, opaque, and weather-resistant protective covering to prevent the degradation of the insulation's thermal performance. The protective covering shall cover the exposed exterior insulation and extend a minimum of 6 inches (152 mm) below grade. The insulation and protective covering system shall be flashed in accordance with IRC section R703.8.

R402.1.1.3 Exterior nondraining foundation insulation requirements. Any insulation assembly installed on the exterior of the foundation walls or on the perimeter of slabs-on-grade that does not permit bulk water drainage shall:

be made of water-resistant materials manufactured for that intended use;
be installed according to the manufacturer's installation instructions;
comply with either ASTM C578 or C1029, as applicable;
be covered with a 6-mil polyethylene slip sheet over the entire exterior surface; and
have a rigid, opaque, and weather-resistant protective covering to prevent degradation of the insulation's thermal performance. The protective covering shall cover the exposed exterior insulation and extend a minimum of 6 inches (152 mm) below grade. The insulation and protective covering system shall be flashed in accordance with IRC section R703.8.

R402.1.1.4 Interior foundation insulation requirements. Any insulation assembly installed on the interior of foundation walls shall meet the following requirements:

Masonry foundation walls shall be drained through each masonry block core to an approved interior drainage system.
If a frame wall is installed, it shall not be in direct contact with the foundation wall.
The insulation assembly shall comply with the interior air barrier requirements of section R402.4.
The insulation assembly shall comply with section R402.1.1.5, R402.1.1.6, or R402.1.1.7, as applicable.

R402.1.1.5 Rigid interior insulation. Rigid interior insulation shall comply with ASTM C578 or ASTM C1289 and the following requirements:

For installation:

a. the insulation shall be in contact with the foundation wall surface;

b. vertical edges shall be sealed with acoustic sealant;

c. all interior joints, edges, and penetrations shall be sealed against air and water vapor penetration;

d. continuous acoustic sealant shall be applied horizontally between the foundation wall and the insulation at the top of the foundation wall; and

e. continuous acoustic sealant shall be applied horizontally between the basement floor and the bottom insulation edge.

The insulation shall not be penetrated by the placement of utilities, fasteners, or connectors used to install a frame wall, with the exception of through penetrations.
Through penetrations shall be sealed around the penetrating products.

R402.1.1.6 Spray-applied interior foam insulation. Spray-applied interior foam insulation shall comply with the following:

Closed-cell foam:

a. The foam shall comply with ASTM C1029 and have a permeance not greater than 0.8, in accordance with ASTM E96 procedure A, and a permeance of not less than 0.3, in accordance with ASTM E96 procedure B.

b. The foam shall be sprayed directly onto the foundation wall surface. There shall be a 1-inch minimum gap between the foundation wall surface and any framing.

c. The insulation surface shall not be penetrated by the placement of utilities, fasteners, or connectors used to install a frame wall, with the exception of through penetrations.

d. Through penetrations shall be sealed around the penetrating products.

Open-cell foam:

a. The foam shall be sprayed directly onto the foundation wall surface. There shall be a 1-inch minimum gap between the foundation wall surface and any framing.

b. The insulation surface shall not be penetrated by the placement of utilities, fasteners, or connectors used to install a frame wall, with the exception of through penetrations.

c. Through penetrations shall be sealed around the penetrating product.

d. A vapor retarder and air barrier shall be applied to the warm-in-winter side of the assembly with a permeance not greater than 1.0, in accordance with ASTM E96 procedure A, and a permeance not less than 0.3, in accordance with ASTM E96 procedure B.

R402.1.1.7 Fiberglass batt interior insulation. Fiberglass batt insulation shall comply with the following:

The above-grade exposed foundation wall height shall not exceed 1.5 ft.
The top and bottom plates shall be air sealed to the foundation wall surface and the basement floor.
A vapor retarder and air barrier shall be applied to the warm in winter side of the wall with a permeance not greater than 1.0 in accordance with ASTM E96 procedure A and a permeance not less than 0.3 in accordance with ASTM E96 procedure B meeting the following requirements:

a. the vapor and air barrier shall be sealed to the framing with construction adhesive or equivalent at the top and bottom plates and where the adjacent wall is insulated;

b. the vapor and air barrier shall be sealed around utility boxes and other penetrations; and

c. all seams in the vapor and air barrier shall be overlapped at least 6 inches and sealed with compatible sealing tape or equivalent.

R402.1.1.8 Foundation wall insulation performance option. Insulated foundation systems designed and installed under the performance option shall meet the requirements of this section and the foundation, basement, or crawl space wall equivalent U-factor from Table 402.1.3.

Water separation plane. The foundation shall be designed and built to have a continuous water separation plane between the interior and exterior. The interior side of the water separation plane shall:

a. have a stable annual wetting and drying cycle whereby foundation wall system water (solid, liquid, and vapor) transport processes produce no net accumulation of ice or water over a full calendar year and the foundation wall system is free of absorbed water for at least 4 months over a full calendar year;

b. prevent conditions of moisture and temperature to prevail for a time period favorable to mold growth for the material used; and

c. prevent liquid water from the foundation wall system from reaching the foundation floor system at any time during a full calendar year.

Documentation. The foundation insulation system designer shall provide documentation certified by a professional engineer licensed in Minnesota demonstrating how the requirements of this section are fulfilled. The foundation insulation system designer shall also specify the design conditions for the wall and the design conditions for the interior space for which the water separation plane will meet the requirements of this section. The foundation insulation system designer shall provide a label disclosing these design conditions. The label shall be posted according to section R401.3.
Installation. The water separation plane shall be designed and installed to prevent external liquid or capillary water flow across it after the foundation is backfilled.
Foundation air barrier. The foundation insulation system shall be designed and installed to have a foundation air barrier system between the interior and the exterior. The foundation air barrier system shall be a material or combination of materials that is continuous with all joints sealed and is durable for the intended application. Material used for the foundation air barrier system shall have an air permeability not to exceed 0.004 ft3/min.ft2 under a pressure differential of 0.3 inches water (1.57 psf) (0.02 L/s.m2 at 75Pa) as determined by either commonly accepted engineering tables or by being labeled by the manufacturer as having these values when tested according to ASTM E2178.

Subp. 3. Section R402.2.8, Basement walls.

IECC section R402.2.8, Basement walls, is amended to read as follows:

R402.2.8 Basement walls. Walls associated with conditioned basements shall be insulated from the top of the basement wall down to 10 feet (3048 mm) below grade or to the top of the footing, whichever is less. Foundation insulation shall be installed according to the manufacturer's installation instructions. Walls associated with unconditioned basements shall meet the requirements of this section unless the floor overhead is insulated in accordance with sections R402.1.1 and R402.2.7 and the following requirements:

a. R-15 insulation for concrete and masonry foundations shall be installed according to R402.1.1.1 to R402.1.1.8 and a minimum of a R-10 shall be installed on the exterior of the wall. Interior insulation, other than closed cell spray foam, shall not exceed R-11. Foundations shall be waterproofed in accordance with the applicable provisions of the International Residential Code (IRC).

Exception: R-10 continuous insulation on the exterior of each foundation wall shall be permitted to comply with this code if the tested air leakage rate required in section R402.4.1.2 does not exceed 2.6 air changes per hour and the total square feet between the finished grade and the top of each foundation wall does not exceed 1.5 multiplied by the total lineal feet of each foundation wall that encloses conditioned space. Interior insulation, other than closed cell spray foam, shall not exceed R-11. See footnote c to Table R402.2.1.

b. Minimum R-19 cavity insulation is required in wood foundation walls. See footnote 1 to Table R402.2.1.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Minn. R. 1322.0403 Section R403, Systems

Subpart 1. Section R403.2.1.

IECC section R403.2.1, Insulation (prescriptive), is deleted in its entirety and replaced with the following:

R403.2.1 Insulation (prescriptive). All outdoor air intakes, exhaust, supply, and return air ducts and plenums shall be insulated according to Table R403.2.1.

For the purposes of Table R403.2.1, the following applies:

a. Insulation is only required in the conditioned space for a distance of 3 feet (914 mm) from the exterior or unconditioned space.

b. V means the vapor retarder required in accordance with IMC section 604.11. When a vapor retarder is required, duct insulation required by this section shall be installed without respect to other building envelope insulation.

c. W means an approved weatherproof barrier.

TABLE R403.2.1 MINIMUM REQUIRED DUCT AND PLENUM INSULATION FOR DWELLING UNITS

Subp. 2. Section R403.5.

IECC section R403.5 and its subsections are deleted except for Table R403.5.1 and replaced with the following:

R403.5 Mechanical ventilation (mandatory). The building shall be provided with a balanced mechanical ventilation system that is +/- 10 percent of the system's design capacity and meets the requirements of section R403.5.5, which establishes the continuous and total mechanical ventilation requirements for dwelling unit ventilation. All conditioned unfinished basements, conditioned crawl spaces, and conditioned levels shall be provided with a minimum ventilation rate of 0.02 cfm per square foot or a minimum of 1 supply duct and 1 return duct. The supply and return ducts shall be separated by 1/2 the diagonal dimension of the basement to avoid a short circuit of the air circulation. Outdoor air intakes and exhausts shall have automatic or gravity dampers that close when the ventilation system is not operating.

Exception: Kitchen and bath fans that are not included as part of the mechanical ventilation system are exempt from these requirements.

R403.5.1 Alterations. Alterations to existing buildings are exempt from meeting the requirements of section R403.5.

R403.5.2 Total ventilation rate. The mechanical ventilation system shall provide sufficient outdoor air to equal the total ventilation rate average for each 1-hour period in accordance with Table R403.5.2, or equation R403.5.2, based on the number of bedrooms and square footage of conditioned space, including the basement and conditioned crawl spaces.

For the purposes of Table R403.5.2 and section R403.5.3, the following applies:

a. Equation R403.5.2 Total ventilation rate: Total ventilation rate (cfm) = (0.02 x square feet of conditioned space) + (15 x (number of bedrooms + 1))

b. Equation R403.5.2.1 Continuous ventilation rate: Continuous ventilation rate (cfm) = Total ventilation rate/2

Conditioned space includes the basement and conditioned crawl spaces.
If conditioned space exceeds 6000 sq. ft. or there are more than 6 bedrooms, use equation R403.5.2.

R403.5.3 Continuous ventilation rate. Continuous ventilation rate (CVR) is a minimum of 50 percent of the total ventilation rate (TVR). The CVR shall not be less than 40 cfm and shall provide a continuous average cfm rate according to Table R403.5.2 or according to equation R403.5.2 for every 1-hour period. The portion of the ventilation system that is intended to be continuous may have automatic cycling controls to provide the average flow rate for each hour.

R403.5.4 Intermittent ventilation rate. Intermittent ventilation rate means the difference between the total ventilation rate and the continuous ventilation rate.

R403.5.5 Balanced and HRV/ERV systems. All balanced systems shall be balanced so that the air intake is within 10 percent of the exhaust output.

A heat recovery ventilator (HRV) or energy recovery ventilator (ERV) shall meet either:

the requirements of HVI Standard 920, 72 hours minus 13°F (-10°C) cold weather test; or
certified by a registered professional engineer and installed per manufacturer's installation instructions.

An HRV or ERV intended to comply with both the continuous and total ventilation rate requirements shall meet the rated design capacity of the continuous ventilation rate specified in section R403.5.3 under low capacity and meet the total ventilation rate specified in section R403.5.2 under high capacity.

Exception: The balanced system and HRV/ERV system may include exhaust fans to meet the intermittent ventilation rate. Surface mounted fans shall have a maximum 1.0 sone per HVI Standard 915.

R403.5.6 Installation requirements. All mechanical systems shall meet the requirements of section R403.5.6. The mechanical ventilation system and its components shall also be installed according to the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, and the equipment manufacturer's installation instructions.

R403.5.6.1 Air distribution/circulation. Outdoor air shall be delivered to each habitable space by a forced air circulation system, separate duct system, or individual inlets.

R403.5.6.1.1 Forced air circulation systems. When outdoor air is supplied directly through a forced air circulation system, the requirements of this section shall be met using one of the following methods:

a. when an outdoor air supply is not ducted to the forced air system, controls shall be installed to allow the forced air system to provide an average circulation flow rate each hour of not less than 0.15 cfm per square foot of the conditioned floor area; or

b. when the outdoor air supply is ducted to the forced air system, the mixed air temperature shall not be less than the heating equipment manufacturer's installation instructions. The controls shall be installed to allow the forced air circulation system to provide an average flow rate not less than 0.075 cfm per square foot of conditioned floor area.

R403.5.6.1.2 Directly ducted and individual room inlets. When outdoor air is supplied directly to habitable spaces with an airflow of 20 cfm or greater, the system shall be designed and installed to temper incoming air to not less than 40°F (4°C) measured at the point of distribution into the space.

R403.5.6.1.3 Airflow verification. All mechanical ventilation system airflows greater than 30 cfm at the building exhaust or intake shall be tested and verified. The airflow verification results shall be made available to the building official upon request.

R403.5.7 Fans. When used as part of the mechanical ventilation system, fans shall be capable of delivering the designed air flow at the point of air discharge or intake as determined by section R403.5.2 and according to HVI Standard 916. Fans shall be designed and certified by the equipment manufacturer to be capable of continuous operation at the maximum fan-rated cfm. Surface mounted fans used to comply with the continuous ventilation requirement of the mechanical ventilation system shall have a maximum 1.0 sone, according to HVI Standard 915. Fans used to comply with the intermittent ventilation requirement of the mechanical ventilation system shall have a maximum 2.5 sone, according to HVI Standard 915. Mechanical ventilation system fans shall meet the efficacy requirements of Table R403.5.1.

Exception to sone requirements: Sone requirements do not apply to forced air circulation systems and remotely mounted fans. If the remotely mounted fan is not in a habitable space and there are at least 4 feet of ductwork between the fan and grille, then the fan sone rating shall be 2.5 sone or less. Where mechanical ventilation fans are integral to tested and listed HVAC equipment, the fans shall be powered by an electronically commutated motor.

R403.5.8 Multifan systems. When two or more fans in a dwelling unit share a common duct, each fan shall be equipped with a backdraft damper to prevent recirculation of exhaust air into another room.

R403.5.9 Connection to forced air circulation systems. When air ducts are directly connected to the forced air circulation system, the outdoor air shall be supplied directly to the forced air circulation system, or the exhaust air shall be drawn directly from the forced air circulation system, but not both. To meet the mechanical ventilation system requirements, the air duct shall be installed according to the manufacturer's installation instructions.

Exception: Both outdoor air and exhaust air may be connected to the forced air circulation system only if controls are installed to operate the forced air circulation system when the mechanical ventilation system is operating or other means are provided to prevent short circuiting of ventilation air in accordance with the manufacturer's recommendations.

R403.5.10 Dampers. The mechanical ventilation system supply and exhaust ducts shall be provided with accessible backflow dampers to minimize flow to or from the outdoors when the ventilation system is off.

R403.5.11 Intake openings. Exterior air intake openings shall be accessible for inspection and maintenance. Intake openings shall be located according to the Minnesota Mechanical Code, Minnesota Rules, chapter 1346, and shall be covered with a corrosion-resistant screen of not less than 1/4-inch (6.4 mm) mesh. Intake openings shall be located at least 12 inches (305 mm) above adjoining grade level.

Exception: Combination air intake and exhaust hoods may be approved by the building official when specifically allowed by the equipment manufacturer's installation instructions.

R403.5.12 Filtration. All mechanically supplied outdoor air shall have a filter with a designated minimum efficiency of MERV 4 as defined by ASHRAE Standard 52.2. The filter location shall be prior to the air entering the thermal conditioning components, blower, or habitable space. The filter shall be installed so it is readily accessible and facilitates regular service.

R403.5.13 Noise and vibration. Mechanical ventilation system components shall be installed to minimize transmission of noise and vibration. The equipment manufacturer's installation instructions shall be followed and any materials provided by the equipment manufacturer for installation shall be used. In the absence of specific materials or instructions, vibration dampening materials, such as rubber grommets and flexible straps, shall be used when connecting fans and heat exchangers to the building structure. Isolation duct connectors shall be used to mitigate noise transmission.

R403.5.14 Controls. Balanced mechanical ventilation system controls shall comply with all the following:

When the mechanical ventilation system is not designed to operate whenever the forced air circulation system is operating, the mechanical ventilation system shall incorporate an accessible backflow damper to prevent flow from the outside when the mechanical ventilation system is off.
Controls shall be compatible with the mechanical ventilation system, its components, and the manufacturer's installation and operating instructions.
Controls shall be installed to operate the mechanical ventilation system as designed.
Each control shall be readily accessible to occupants and shall be labeled to indicate the control's function.

R403.5.15 Labeling. All ventilation intake and exhaust outlets shall include permanent, weather-resistant identification labels on the building's exterior.

R403.5.16 Documentation. Documentation, which includes proper operation and maintenance instructions, shall accompany all mechanical ventilation systems. The documentation shall be in a conspicuous and readily accessible location.

R403.5.17 Climatic design conditions.

A. HVAC equipment shall be sized according to the ACCA Manual S or an equivalent method, based on the building's heating and cooling load calculations by using ASHRAE Handbook of Fundamentals or the ACCA Manual J. Oversizing of heating equipment shall not exceed 40 percent of the calculated load requirements and oversizing of cooling equipment shall not exceed 15 percent of the calculated load requirements.

B. Design conditions shall be determined according to Table 403.5.17. Design condition adjustments may be determined by the building official if local climates differ from the tabulated temperatures based on local climate data.

Subp. 3. Section R403.12.

IECC section R403 is amended by adding section R403.12 as follows:

R403.12 Photovoltaic modules and systems: Installation of photovoltaic modules and systems shall meet the requirements of Minnesota Rules, chapter 1315.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232; 39 SR 1425

Minn. R. 1322.0500 Chapter 5(re) Referenced Standards

Chapter 5(RE) of the 2012 IECC is amended by adding the following referenced standards:

A. Standard reference number: ASHRAE Standard 52.2, Method of Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size; referenced in section R403.5.12;

B. Standard reference number: HVI Standard 915;

C. Standard reference number: HVI Standard 916; and

D. Standard reference number: HVI Standard 920.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 232

Chapter 1323 COMMERCIAL ENERGY CODE

Minn. R. 1323.0001 Title

This chapter is known as the Minnesota Commercial Energy Code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 33 SR 1473

Minn. R. 1323.0005 Administration and Purpose

Subpart 1. Administration.

This code shall be administered in accordance with chapter 1300.

Subp. 2. Purpose.

The purpose of this chapter is to establish a minimum code of standards for the construction, reconstruction, alteration, and repair of buildings governing matters including design and construction standards regarding heat loss control, illumination, and climate control pursuant to Minnesota Statutes, sections 326B.101, 326B.106, and 326B.13.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 33 SR 1473

Minn. R. 1323.0010 Incorporation by Reference of Ashrae Standard 90.1

Subpart 1. General.

Sections 1 to 12, Normative Appendix A, Normative Appendix C, and Normative Appendix G of the 2019 edition of ANSI/ASHRAE/IES Standard 90.1 Energy Standard for Buildings Except Low-Rise Residential Buildings (ASHRAE 90.1) and Addendums a, c, d, g, h, k, l, q, r, w, af, cr, da, and db, as promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle NE, Atlanta, GA 30329, are incorporated by reference and made part of the Minnesota State Building Code except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended in this rule chapter. Portions of this publication reproduce excerpts from ASHRAE 90.1, American Society of Heating, Refrigerating and Air-Conditioning Engineers, Atlanta, GA, copyright 2019, reproduced with permission, all rights reserved. ASHRAE 90.1 is not subject to frequent change, and a copy of ASHRAE 90.1, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

Subp. 2. Mandatory sections.

ASHRAE 90.1 sections 1 to 12, Normative Appendix A, Normative Appendix C, and Normative Appendix G shall be administered by any municipality that has adopted the code, except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended by this rule chapter. The following addenda to ASHRAE 90.1 are incorporated by reference, as amended in this rules chapter: Addendum a, Addendum c, Addendum d, Addendum g, Addendum h, Addendum k, Addendum l, Addendum q, Addendum r, Addendum w, Addendum af, Addendum cr, Addendum da, and Addendum db.

Subp. 3.

[Repealed, 47 SR 983]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 33 SR 1473; 39 SR 1616; 44 SR 763; 47 SR 983

Minn. R. 1323.0020 References to Other Codes

Subpart 1. General.

References to the building code or applicable code in this code mean the Minnesota State Building Code as described in Minnesota Rules, part 1300.0050.

Subp. 2.

[Repealed, 47 SR 983]

Subp. 3.

[Repealed, 47 SR 983]

Subp. 4.

[Repealed, 47 SR 983]

Subp. 5.

[Repealed, 47 SR 983]

Subp. 6.

[Repealed, 47 SR 983]

Subp. 7.

[Repealed, 47 SR 983]

Subp. 8.

[Repealed, 47 SR 983]

Subp. 9.

[Repealed, 47 SR 983]

Subp. 10.

[Repealed, 47 SR 983]

Subp. 11.

[Repealed, 47 SR 983]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1616; 40 SR 71; 44 SR 763; 47 SR 983

Minn. R. 1323.0030 Administrative Procedure Criteria

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 1616

Minn. R. 1323.0100 Repealed by subpart

Subpart 1.

[Repealed, 47 SR 983]

Subp. 2.

[Repealed, 47 SR 983]

Subp. 3.

[Repealed, 47 SR 983]

Subp. 4.

[Repealed, 47 SR 983]

Subp. 5.

[Repealed, 47 SR 983]

Subp. 6.

[Repealed, 47 SR 983]

Subp. 7.

[Repealed, 47 SR 983]

Subp. 8.

[Repealed, 47 SR 983]

Subp. 9.

[Repealed, 44 SR 763]

Subp. 10.

[Repealed, 47 SR 983]

Minn. R. 1323.0201 [Repealed, 47 SR 983]

[Repealed, 47 SR 983]

Minn. R. 1323.0202 [Repealed, 47 SR 983]

[Repealed, 47 SR 983]

Minn. R. 1323.0210 Section 2, Scope

Subpart 1. ASHRAE 90.1 section 2.1.

ASHRAE 90.1 section 2.1 is amended to read as follows:

2.1 This standard provides:

a. minimum energy-efficient requirements for the design and construction, and a plan for operation and maintenance of:

new buildings and their systems;
new portions of buildings and their systems;
new systems and equipment in existing buildings;
new equipment or building systems specifically identified in the standard that are part of industrial or manufacturing processes;
all historical buildings as defined in Minnesota Rules, part 1300.0070, subpart 12a;
alterations to existing buildings; and
existing buildings undergoing a change of occupancy; and

b. criteria for determining compliance with these requirements.

Subp. 2. ASHRAE 90.1 section 2.2.

ASHRAE 90.1 section 2.2 is amended to read as follows:

The provisions of this standard do not apply to:

a. IRC-1 Single-family dwellings, IRC-2 Two-family dwellings, IRC-3 Townhomes, IRC-4 Utility buildings, residential multi-family structures of three stories or fewer above grade, manufactured houses (mobile homes), and manufactured houses (modular), or

b. buildings that use neither electricity nor fossil fuel.

Exception to section 2.2: Historical buildings that are classified as IRC-1, IRC-2, IRC-3, or IRC-4 occupancies or are residential multi-family structures of three stories or fewer above grade shall comply with this chapter or Minnesota Rules, chapter 1322.

Subp. 3. ASHRAE 90.1 section 2.

ASHRAE 90.1 section 2 is amended by adding two subsections to read as follows:

2.5 IRC-1 Single-family dwellings, IRC-2 Two-family dwellings, IRC-3 Townhomes, IRC-4 Utility buildings, and the portions of buildings containing occupancy groups I-1, R-1, R-2, R-3, and R-4 where the entire composite building structure is three or fewer stories above grade shall comply with Minnesota Rules, chapter 1322.

2.6 Where a building contains multiple occupancy groups and portions of the building are required to comply with Minnesota Rules, chapter 1322, those portions shall comply with Minnesota Rules, chapter 1322, and the remainder of the building shall comply with this rules chapter.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0230 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0303 [Repealed, 47 SR 983]

[Repealed, 47 SR 983]

Minn. R. 1323.0310 Section 3.1, General

Subpart 1. ASHRAE 90.1 section 3.1 General.

ASHRAE 90.1 section 3.1 is amended to read as follows:

3.1 General. Certain terms, abbreviations, and acronyms are defined in this section for the purposes of this standard. When the tense or plurality of the term is different than the defined term, the definition still applies. Where terms are not defined through the methods authorized by this chapter, the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

Subp. 2. ASHRAE 90.1 section 3.1.1 Terms defined in other codes.

ASHRAE 90.1 section 3.1 is amended by adding a subsection to read as follows:

3.1.1 Terms defined in other codes. Where terms are not defined in this standard and are defined in the other chapters of the Minnesota State Building Code, such terms shall have the meanings ascribed to them as in those codes.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0320 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0401 [Repealed, 47 SR 983]

[Repealed, 47 SR 983]

Minn. R. 1323.0402 Repealed by subpart

Subpart 1.

[Repealed, 47 SR 983]

Subp. 2.

[Repealed, 44 SR 763]

Subp. 3.

[Repealed, 44 SR 763]

Subp. 4.

[Repealed, 44 SR 763]

Minn. R. 1323.0403 Repealed by subpart

Subpart 1.

[Repealed, 47 SR 983]

Subp. 2.

[Repealed, 47 SR 983]

Subp. 2a.

[Repealed, 47 SR 983]

Subp. 3.

[Repealed, 47 SR 983]

Subp. 4.

[Repealed, 47 SR 983]

Subp. 5.

[Repealed, 47 SR 983]

Subp. 6.

[Repealed, 47 SR 983]

Subp. 7.

[Repealed, 47 SR 983]

Subp. 8.

[Repealed, 47 SR 983]

Subp. 9.

[Repealed, 47 SR 983]

Subp. 10.

[Repealed, 47 SR 983]

Subp. 11.

[Repealed, 44 SR 763]

Subp. 11a.

[Repealed, 47 SR 983]

Subp. 12.

[Repealed, 44 SR 763]

Subp. 12a.

[Repealed, 47 SR 983]

Subp. 13.

[Repealed, 47 SR 983]

Subp. 14.

[Repealed, 47 SR 983]

Subp. 15.

[Repealed, 47 SR 983]

Minn. R. 1323.0404 [Repealed, 47 SR 983]

[Repealed, 47 SR 983]

Minn. R. 1323.0405 [Repealed, 44 SR 763]

[Repealed, 44 SR 763]

Minn. R. 1323.0408 Repealed by subpart

Subpart 1.

[Repealed, 47 SR 983]

Subp. 2.

[Repealed, 44 SR 763]

Minn. R. 1323.0411 Section 4.1.1, Scope

ASHRAE 90.1 section 4.1.1.6 Mixed occupancy. ASHRAE 90.1 section 4.1.1 is amended by adding a new subsection to read as follows:

4.1.1.6 Mixed occupancy. Each occupancy in a building more than three stories above grade will be considered separately and meet the applicable provisions of this standard. Where a building is three stories or less in height and includes both I-1, R-1, R-2, R-3, or R-4 occupancies and other occupancies, the I-1, R-1, R-2, R-3, or R-4 occupancies shall comply with Minnesota Rules, chapter 1322, and the other occupancies shall meet the applicable provisions of this standard. For the purposes of this section, fire walls and horizontal assemblies shall not define separate buildings.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0420 Section 4.2, Compliance

Subpart 1. ASHRAE 90.1 section 4.2.1.3 Alterations of existing buildings.

ASHRAE 90.1 section 4.2.1.3 is amended to read as follows:

4.2.1.3 Alterations of existing buildings. Alterations of an existing building, building system, or portion thereof shall conform to this standard as related to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this standard. Alterations shall not create an unsafe or hazardous condition or overload existing building systems. Alterations of existing buildings shall comply with the provisions of Sections 4.2.2 through 4.2.5 and one of the following:

a. Section 5, "Building Envelope"; Section 6, "Heating, Ventilating, and Air Conditioning"; Section 7, "Service Water Heating"; Section 8, "Power"; Section 9, "Lighting"; and Section 10, "Other Equipment";

b. Section 11, "Energy Cost Budget Method"; or

c. Normative Appendix G, "Performance Rating Method" in accordance with Section 4.2.1.1.

Exception to Section 4.2.1.3: A historical building shall comply with this standard to the greatest extent possible without requiring alteration of elements or features determined to be historic by the historic authority having jurisdiction. Exempted components, elements, or systems shall be specifically identified on the construction documents by the designer as historic and exempt.

Subp. 2. ASHRAE 90.1 section 4.2.1.4 Change of occupancy or use.

ASHRAE 90.1 section 4.2.1.4 is added to read as follows:

4.2.1.4 Change of occupancy or use. All spaces undergoing a change in occupancy shall comply with lighting requirements of section 9 as for new construction. Spaces undergoing a change in occupancy that result in an increase in demand for either fossil fuel or electrical energy shall comply with this standard.

Exceptions to Section 4.2.1.4:

A historical building shall comply with this standard to the greatest extent possible without requiring alteration of elements or features determined to be historic by the historic authority having jurisdiction. Exempted components, elements, or systems shall be specifically identified by the designer as historic and exempt.
Change of occupancy requirements associated with a tenant space within a multi-tenant building shall not be required to modify equipment common to multiple tenants or building envelope located beyond the tenant space.

Subp. 3. ASHRAE 90.1 section 4.2.5.1.1 Information on building permit application.

ASHRAE 90.1 section 4.2.5.1.1 is amended to read as follows:

4.2.5.1.1 Information on construction documents. The following information shall be included on the construction documents as part of the building permit application:

a. for systems that are required to comply with Section 4.2.5.1, the construction documents shall identify verification and testing providers;

b. verification and testing providers shall review the construction documents to verify that the relevant sensor locations, devices, and control sequences are properly specified; performance and testing criteria are included; and equipment to be tested is accessible for testing and maintenance;

c. functional performance testing and verification processes and system performance requirements shall be incorporated into the construction documents;

d. energy code compliance path (Prescriptive, Energy Cost Budget Method, Normative Appendix G);

e. insulation materials and their R-values;

f. fenestration U-factors and SHGCs;

g. area-weighted U-factor and SHGC calculations;

h. mechanical system design criteria;

i. mechanical and service water heating system and equipment types, sizes, and efficiencies;

j. economizer description; equipment and systems controls;

k. fan motor brake horsepower for fan motors one horsepower (hp) or larger;

l. fan motor horsepower and controls;

m. duct sealing, duct sizing, duct and pipe insulation and location, terminal air or water design flow rates;

n. electrical distribution diagram(s);

o. lighting fixture schedule with wattage and control narrative;

p. locations of daylight zones on plans and provisions for functional testing of lighting controls;

q. air sealing details clearly delineating the air barrier location and showing continuity between roof, wall, foundation, around frames and sleeves, and at other similar openings; and

r. additional details as required by the building official to determine whether the work proposed will conform to this standard.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0512 Section 5.1.2, Space Conditioning Categories

ASHRAE 90.1 section 5.1.2.3. The exception to ASHRAE 90.1 section 5.1.2.3 is amended to read as follows:

Exception to 5.1.2.3: A space may be designated as either a semiheated space or an unconditioned space if approved by the building official. Unconditioned and semiheated spaces shall not be approved if there are automatic fire sprinkler systems unless those systems are designed to operate in below freezing temperatures. Signs indicating the maximum Btu heating input for semiheated spaces that is permissible by this standard shall be posted near the main entry location of the semiheated space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or the owner's authorizing agent.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0513 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0514 Climate

ASHRAE 90.1 section 5.1.4 Climate. ASHRAE 90.1 section 5.1.4 is amended to read as follows:

5.1.4 Climate. The following counties are located in climate zone 7: Aitkin, Beltrami, Carlton, Cass, Clearwater, Cook, Crow Wing, Hubbard, Itasca, Kittson, Koochiching, Lake, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Pine, Polk, Red Lake, Roseau, St. Louis, and Wadena. All other counties are located in climate zone 6A.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0543 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0550 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0553 Section 5.5.3, Opaque Areas

Subpart 1. ASHRAE 90.1 section 5.5.3.1 Roof insulation.

ASHRAE 90.1 section 5.5.3.1 is amended to read as follows:

5.5.3.1 Roof insulation. All roofs shall comply with the insulation values specified in Tables 5.5-0 through 5.5-8. Skylight curbs, mechanical curbs, and other roof curbs shall be insulated to the level of roofs with insulation entirely above deck or R-10, whichever is less.

Exception: Historical buildings with roof slopes two units vertical in 12 units horizontal (2:12) or less.

(Subsection 5.5.3.1.1 remains unchanged.)

Subp. 2. ASHRAE 90.1 section 5.5.3.3 Below-grade wall insulation.

ASHRAE 90.1 section 5.5.3.3 is amended to read as follows:

5.5.3.3 Below-grade wall insulation. Below-grade walls shall have a rated R-value of insulation no less than the insulation values specified in Tables 5.5-0 through 5.5-8. Walls shall be insulated on the exterior side of the wall or integral to the wall.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0562 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0581 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0611 Section 6.1.1, Scoping for Heating, Ventilating, and Air Conditioning

Subpart 1. ASHRAE 90.1 section 6.1.1.3.6 Rooftop HVACR.

ASHRAE 90.1 section 6.1.1.3 is amended by adding a new subsection to read as follows:

6.1.1.3.6 Rooftop HVACR. Unless technically infeasible, new and replacement rooftop equipment shall be provided with new insulated curbs in accordance with Section 5.5.3.1. The replacement curbs shall be of sufficient height to permit the installation of insulation that complies with Tables 5.5-6 and 5.5-7 when roof replacement occurs.

Subp. 2. ASHRAE 90.1 section 6.1.1.4 Heating of commercial parking facilities prohibited.

ASHRAE 90.1 section 6.1.1 is amended by adding a new subsection to read as follows:

6.1.1.4 Heating of enclosed commercial parking facilities prohibited. Heating of enclosed commercial parking facilities is prohibited in accordance with Minnesota Statutes, section 216C.20, subdivision 3.

Exceptions:

Parking open to the public that is accessory to private parking where the parking open to the public is less than ten percent of the total number of spaces.
Vehicle showrooms for vehicle sales.

Subp. 3. ASHRAE 90.1 section 6.1.1.5 Prohibition of once-through water use permits.

ASHRAE 90.1 section 6.1.1 is amended by adding a new subsection to read as follows:

6.1.1.5 Prohibition of once-through water use permits. Once-through water use permits are restricted in accordance with Minnesota Statutes, section 103G.271, subdivision 5.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0642 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0643 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0644 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0646 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0651 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0652 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0653 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0656 Energy Recovery

Subpart 1. ASHRAE 90.1 section 6.5.6.1.1 Nontransient dwelling units.

ASHRAE 90.1 section 6.5.6.1.1 is amended by modifying exception 2 to read as follows:

Nontransient dwelling units with no more than 750 ft2 of conditioned floor area.

Subp. 2. ASHRAE 90.1 section 6.5.6.1.2 Spaces other than nontransient dwelling units.

ASHRAE 90.1 section 6.5.6.1.2 is amended to read as follows:

6.5.6.1.2 Spaces Other than Nontransient Dwelling Units. Each fan system serving spaces other than nontransient dwelling units shall have an energy recovery system where the design supply fan airflow rate exceeds the value listed in Table 6.5.6.1.2, based on the climate zone and percentage of outdoor air at design airflow conditions.

Exceptions:

Laboratory systems meeting Section 6.5.7.3.
Systems serving spaces that are not cooled and that are heated to less than 60°F.
Heating energy recovery where more than 60 percent of the outdoor air heating energy is provided from site-recovered energy or site-solar energy in Climate Zones 5 through 8.
Enthalpy recovery ratio requirements at cooling design condition in Climate Zones 3C, 4C, 5B, 5C, 6B, 7, and 8.
Where the sum of the airflow rates exhausted and relieved within 20 feet of each other is less than 75 percent of the design outdoor airflow rate, excluding exhaust air that is:

a. used for another energy recovery system;

b. not allowed by ASHRAE/ASHE Standard 170 for use in energy recovery systems with leakage potential; or

c. of Class 4 as defined in ASHRAE Standard 62.1.

Systems expected to operate less than 20 hours per week at the outdoor air percentage covered by Table 6.5.6.1.2.
Indoor pool dehumidifiers meeting Section 6.5.6.4.

6.5.6.1.2.1 Minimum Enthalpy Recovery Ratio. Energy recovery systems required by this section shall result in an enthalpy recovery ratio of at least 50 percent. A 50 percent enthalpy recovery ratio shall mean a change in the enthalpy of the outdoor air supply equal to 50 percent of the difference between the outdoor air and entering exhaust air enthalpies at design conditions. The energy recovery system shall provide the required enthalpy recovery ratio at both heating and cooling design conditions unless one mode is not required for the climate zone by Exception 6.5.6.1.2.2.

6.5.6.1.2.2 Provision for Air Economizer or Bypass Operation. Provision shall be made for both outdoor air and exhaust air to bypass or control the energy recovery system to enable economizer operation as required by Section 6.5.1.1. The bypass or control shall meet the following criteria:

a. For energy recovery systems where the transfer of energy cannot be stopped, bypass provision shall prevent the total airflow rate of either outdoor air or exhaust air through the energy recovery exchanger from exceeding 10 percent of the full design airflow rate.

b. The pressure drop of the outdoor air through the energy recovery exchanger shall not exceed 0.4 inch of water. The pressure drop of the exhaust air through the energy recovery exchanger shall not exceed 0.4 inch of water.

Exception to 6.5.6.1.2.2: Energy recovery systems with 80 percent or more outdoor air at full design airflow rate and not exceeding 10,000 cfm.

Subp. 3. Table 6.5.6.1.2.

ASHRAE 90.1 Table 6.5.6.1.2-1 and Table 6.5.6.1.2-2 are deleted and replaced with the following:

Table 6.5.6.1.2

Exhaust Air Energy Recovery Requirements for Ventilation Systems

NR= Not required.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0657 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0672 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0680 Section 6.8, Minimum Equipment Efficiency Tables

Subpart 1. Table 6.8.2 Minimum duct insulation R-Value.

ASHRAE 90.1 Table 6.8.2 is deleted and replaced with the following:

TABLE 6.8.2

Minimum Required Duct and Plenum Insulation

°C = [(°F) - 32]/1.8

a. Ducts located within the building thermal envelope shall be located completely on the conditioned side of the air barrier.

b. TD = Design temperature difference between the air in the duct and the ambient temperature outside of the duct, unless the duct type and location are specifically identified above.

c. V = Vapor retarder required in accordance with Minnesota Rules, chapter 1346. When a vapor retarder is required, duct insulation required by this section shall be installed without respect to other building envelope insulation.

d. W = Approved weatherproof barrier.

e. Insulation is only required in the conditioned space for a distance of three feet (914 mm) from the exterior or unconditioned space.

f. If the temperature rise is greater than 3°F from the supply air connection of the air handling unit to the furthest outlet, duct insulation shall be required for the entire length or for sufficient length to limit the temperature rise to 3°F.

g. Insulation is not required on the exterior if low leak dampers are installed at roof or wall line or the exhaust is designed to be operated continuously.

Subp. 2. ASHRAE 90.1 Table 6.8.3-1 Minimum piping insulation thickness heating and hot-water systems.

ASHRAE 90.1 Table 6.8.3-1 is amended to add footnote "f" to read as follows:

f. Insulation requirements do not apply to those sections of piping used as the radiant heat source for radiant heating systems.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0681 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0690 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0711 Section 7.1.1, Service Water-Heating Scope

ASHRAE 90.1 section 7.1.1.3 Alterations to existing buildings. ASHRAE 90.1 section 7.1.1.3 is amended to read as follows:

7.1.1.3 Alterations to existing buildings. Building service water-heating equipment installed as a direct replacement for existing building service water-heating equipment shall comply with the requirements of Section 7 applicable to the equipment being replaced. New piping, replacement piping, and existing piping that is not undergoing replacement that is accessible within the work area shall comply with Section 7.4.3. Where alterations include replacement of storage water heaters, then vertical pipe risers shall comply with Section 7.4.6.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0741 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0745 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0753 Section 7.5.3, Buildings with High-Capacity Service Water Heating Systems

ASHRAE 90.1 section 7.5.3. ASHRAE 90.1 section 7.5.3 is amended by modifying exception 1 to read as follows:

Where at least 50 percent of the annual service water-heating requirement is provided by site-solar energy or site-recovered energy. The site-solar energy or site-recovered energy used for compliance with this exception cannot be used for compliance with any other section of this standard.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Minn. R. 1323.0780 [Repealed, 39 SR 1616]

[Repealed, 39 SR 1616]

Minn. R. 1323.0842 Section 8.4.2, Automatic Receptacle Control

ASHRAE 90.1 section 8.4.2 Automatic receptacle control. ASHRAE 90.1 section 8.4.2 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 47 SR 983

Chapter 1325 SOLAR ENERGY

This part is authorized by Minnesota Statutes, section 216C.25, and established through the rulemaking procedures in Minnesota Statutes, chapter 14.

Subp. 2. Scope.

This part applies to solar energy systems which are used to satisfy space heating and/or space cooling and/or domestic or service hot water demands of buildings, and shall be used for all solar energy systems as defined in Minnesota Statutes, section 216C.06, subdivision 17; however, this part does not apply to solar energy systems whose primary purpose is to produce generated electric power. This part is to be used in conjunction with existing building codes and standards and does not replace existing building codes.

Subp. 3. Purpose.

The purpose of this part is twofold: first, to establish standards for the evaluation of the performance, durability, reliability, and maintainability of solar energy systems; and second, to require Solar Rating and Certification Corporation (SRCC) certification that discloses to each potential buyer of the extent to which the seller's solar energy system meets or exceeds the SRCC Operating Guidelines and Standards in subpart 4a.

Subp. 4.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 4a. Incorporation of Operating Guidelines and Standards.

The publications in items A to C adopted by the Solar Rating and Certification Corporation (SRCC) are incorporated by reference and made part of the Minnesota State Building Code. They are not subject to frequent change and are available at the Minnesota State Law Library.

A. Document OG-100, Operating Guidelines for Certifying Solar Collectors, dated April 1994.

B. Standard OG-100-86 (RA92), Test Methods and Minimum Standards for Certifying Solar Collectors, dated April 1994.

C. Document OG-300-95, Operating Guidelines and Minimum Standards for Certifying Solar Water Heating Systems, dated August 1995.

Subp. 5.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 5a. Certification.

Solar collectors and solar water heating systems sold, offered for sale, or installed in the state must bear a Solar Rating and Certification Corporation (SRCC) certification label evidencing the manufacturer's compliance with the design, reliability, durability, safety, operation, servicing, installation, and manual criteria contained in the Operating Guidelines and Standards in subpart 4a. In addition, in accordance with the Operating Guidelines and Standards, every seller of solar collectors and solar water heating systems for installation in the state must provide every bona fide prospective buyer a copy of the certification award issued by the SRCC.

Subp. 6. Enforcement.

The building official shall not issue any permits required for installation of the electrical, mechanical, or structural aspects of the solar energy system until the seller has furnished the building official a copy of the completed certification award required by this part. The building official need not determine the accuracy of the seller's certification award or otherwise determine the extent to which the seller's solar energy system meets or exceeds the Operating Guidelines and Standards in subpart 4a.

History

Statutory Authority: MS s 16B.61; 216C.25; 326B.106
History: L 1987 c 384 art 2 s 1; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4

[Repealed, 32 SR 760]

Chapter 1335 FLOODPROOFING

Minn. R. 1335.0200 Adoption of "flood Proofing Regulations."

Sections 100 to 1406 of the 1972 edition of "Flood Proofing Regulations" (FPR) as promulgated by the Office of the Chief Engineers, U.S. Army, Washington, D.C. is incorporated by reference and hereby made a part of the State Building Code subject to the amendments in parts 1335.0200 to 1335.3000.

FPR sections 201.2 to 208.2 are placed in the appendix of this code.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.0300 Floodproofing Regulations, Section 200.2

FPR section 200.2 is amended to read as follows:

Official Floodplain Zoning Map: The official plain zoning map showing the extent and boundaries of the primary and secondary flood hazard areas is hereby declared and established as part of these regulations. Hereinafter reference to term "primary flood hazard areas" in these regulations shall be synonymous with the term "floodplain areas" as used in parts 6120.5000 to 6120.6200.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.0400 Floodproofing Regulations, Section 200.3

FPR section 200.3 is amended to read as follows:

Regulatory Flood Datum: For the purpose of these regulations, the regulatory flood datum, or as hereinafter referred to, the "RFD," is hereby declared and established for use as the reference datum for determining the elevation above mean sea level to which floodproofing protection shall be provided. Hereinafter reference to the term "regulatory flood datum" in these regulations shall be synonymous with the term "flood protection elevation" as used in parts 6120.5000 to 6120.6200.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.0500 Floodproofing Regulations, Section 201.1

FPR section 201.1 is amended to read as follows:

Application: These regulations shall apply to the construction, alteration, and repair of any building or parts of a building or structure in the flood hazard area(s) of the municipalities. Additions, alterations, repairs, and changes of use occupancy shall comply with all provisions for new buildings and structures as otherwise required in the building code, except as specifically provided in these regulations.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.0600 Floodproofing Regulations, Section 201.2

FPR section 201.2 is amended to read as follows:

This section shall apply unless equivalent provisions are incorporated in the city or county flood plain zoning ordinance.

Nonconforming Use: A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of these regulations may be continued subject to the following conditions:

No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
No structural alteration, addition, or repair to any conforming structure over the life of the structure shall exceed 50 percent of its market value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.
If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to these regulations. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months.
If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value, it shall not be reconstructed except in conformance with the provisions of these regulations; provided, the Board of Appeals may permit reconstruction if the use or structure is located outside the floodway and is adequately and safely floodproofed, elevated, or otherwise protected in conformance with these regulations.
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
An alteration, addition, or repair to a nonconforming structure that exceeds 50 percent of its market value must be protected as required by these regulations.

History

Statutory Authority: MS s 16B.61; 104.05; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1335.0700 Floodproofing Regulations, Section 203.3

FPR section 203.3 is amended to read as follows:

Records: Copies of such tests, reports, certifications, or the results of such tests shall be kept on file in the office of the building official for a period of not less than two years after the approval and acceptance of the completed structure for beneficial occupancy.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.0800 Floodproofing Regulations, Section 204.6

FPR section 204.6 is amended to read as follows:

Board of Appeals: See part 1305.0500, Uniform Building Code section 204.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.0900 Floodproofing Regulations, Section 204.7

FPR section 204.7 is amended to read as follows:

Validity: It shall be unlawful for any person, firm, or corporation or agency (state or local) to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the flood hazard area(s), or cause the same to be done, contrary to or in violation of any of the provisions of these regulations and/or the building code.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1000 Floodproofing Regulations, Section 205.1

FPR section 205.1 is amended to read as follows:

Statement of Intention to Improve: The owner or any registered architect or licensed professional engineer authorized to represent the owner shall, before preparing final plans for any improvement in the flood hazard area(s), file with the building official a statement of intention to improve, including a brief description of the type of improvement being considered and giving its precise location, on a form provided by the building official. The building official shall note on two copies the elevation of the RFD at the location of the proposed improvement. One copy of the statement of intention to improve must be retained by the building official until a permit copy for improvement on the site is approved or one year has elapsed; a second copy must be returned to the owner for use in final siting and design of the improvement. Assignments of the RFD elevations at all locations must be consistent with the determination of the regulatory flood protection elevation as defined in the community's flood plain zoning controls, if any. This information must be open to public examination at all reasonable times.

History

Statutory Authority: MS s 16B.61; 104.05; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1335.1100 Floodproofing Regulations, Section 205.2

FPR section 205.2 is amended to read as follows:

Permits Required: No person, firm, or corporation shall erect, construct, alter, repair, move, remove, convert, or demolish any building or structure or any part thereof, or make any other improvement within the structure or any part thereof, or make any other improvement within the flood hazard area(s), or cause same to be done, without first obtaining a separate flood plain building permit for any such improvement from the building official. Ordinary minor repairs may be made with the approval of the building official without a permit, provided that such repairs shall not violate any provisions of these regulations or of the building code.

History

Statutory Authority: MS s 16B.61; 104.05; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1335.1200 Floodproofing Regulations, Section 205.3

Subpart 1. No. 2.

FPR section 205.3, No. 2 is amended to read as follows:

Two sets of complete plans and specifications, in addition to plans and specifications required by the building code, except that plans and specifications for any and all proposed improvement in the primary flood hazard area(s) shall be prepared by an engineer or architect licensed by the state to practice as such. All drawings and specifications shall bear the true name of the author thereof, followed by such title as the author may be lawfully authorized to use. All plans and sections shall be noted with the proposed floodproofing class of each space below the RFD including detail drawings of walls and wall openings.

Exception: Plans for Group M Division 1 Occupancies need not be prepared by a licensed architect or engineer.

Subp. 2. No. 3.

FPR section 205.3, No. 3 is amended to read as follows:

Two copies of the owner's contingency plan, which shall describe in detail all procedures for temporary placement and removal or contingent protection proposed items in spaces affected by these regulations including:

A. plans and schedules for items to be removed and locations of places above the RFD to which they will be removed if these contents violate restrictions associated with the floodproofing class of the space in which they are placed temporarily, including specific organizational responsibilities; and

B. procedures, materials, and equipment for protecting items required to have protection by their floodproofing class, but for which this protection is proposed to be provided contingently, including specific organizational responsibilities for accomplishing this protection.

Waivers of restrictions implicitly requested by submission of the owner's contingency plan may be granted by the building official as provided by 1101.2.

History

Statutory Authority: MS s 104.05
History: 17 SR 1279

Minn. R. 1335.1300 Floodproofing Regulations, Section 209.1

FPR section 209.1 is amended to read as follows:

New Building and Structures: Every building or structure hereafter erected, that is located in the primary flood hazard area(s) where the ground surface is two feet or more below the RFD, or where flood water velocities may exceed five feet per second, shall be provided with an enclosed refuge space above the RFD, of sufficient area to provide for the occupancy load with a minimum of 12 square feet per person. It shall be provided with one or more exits through the exterior walls above the RFD to an exterior platform and stairway not less than three feet wide.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1400 Floodproofing Regulations, Section 209.3

FPR section 209.3 is amended to read as follows:

Use of Space Below the Regulatory Flood Datum: No floor level or portion of the building or structure that is below the RFD regardless of structure or space classification shall be used as habitable space, or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1500 Floodproofing Regulations, Section 210.7

FPR section 210.7 is amended to read as follows:

Placard Types: Placards shall be white rigid plastic or other non-water-susceptible materials eight inches long and 12 inches wide, and shall have printed thereon in black letters the information shown in figure 2.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1600 Floodproofing Regulations, Section 300.0

FPR section 300.0 is amended by adding a subsection to read as follows:

FPR Section 300.2. Interpretation: For the purpose of these regulations, where definition of terms as set forth in this chapter conflict in meaning with those as set forth in part 6120.5000, the latter shall take precedence.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1700 Floodproofing Regulations, Section 301.2.9

FPR section 301.2.9 is amended to read as follows:

Habitable space (room) is space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas, are not considered habitable space.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1800 Floodproofing Regulations, Section 301.4.1

FPR section 301.4.1 is amended to read as follows:

Building Code: The State Building Code setting forth standards for the construction, addition, and modification and repair of buildings and other structures for the purpose of protecting health, safety, and general welfare of the public.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1900 Floodproofing Regulations, Section 402.1

FPR section 402.1 (table 2) is amended to read as follows:

General: Table 2 indicates the various degrees of protection required to permit use of spaces for each floodproofing; the chart in itself shall not be construed as being exhaustive with respect to all requirements imposed by these regulations. In any disputes arising over the interpretation of this chart, the written provisions of these regulations shall be considered as definitive.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.1950 Floodproofing Regulations, Section 612.1

FPR section 612.1 is amended to read as follows:

Methods: A building must be considered completely floodproofed if the lowest elevation of all space within the building perimeter is above the RFD as achieved by:

(1) building on natural terrain beyond the RFD limit line on natural undisturbed ground;

(2) building on fill; or

(3) building on stilts.

These methods may be used alone or in combination to achieve the required degree of floodproofing. Data and design procedures must be based on organized and acceptable disciplines involved and the following additional requirements.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1335.2000 Floodproofing Regulations, Section 612.2.1

FPR section 612.2.1 is amended to read as follows:

Natural Terrain: In addition to the requirements of the building code, the building shall be located not less than 15 feet back from the line of incidence of the RFD on the ground, foundation design shall take into consideration the effects of soil saturation on the performance of the foundations, the effects of flood waters on slope stability shall be investigated, normal access to the building shall be by direct connections with areas above the RFD and all utility service lines shall be designated and constructed as required to protect the building and/or its components from damage or failure during a flooding event to the RFD.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2100 Floodproofing Regulations, Section 612.2.2

FPR section 612.2.2 is amended to read as follows:

Building on Fill: The building and all parts thereof may be constructed above the RFD on an earth fill. Prior to placement of any fill or embankment materials, the area upon which fill is to be placed, including a five-foot strip measured horizontally beyond and contiguous to the toe line of the fill, shall be cleared of standing trees and snags, stumps, brush, down timber, logs and other growth, and all objects including structures on or above the ground surface or partially burned. The area shall be stripped of topsoil and all other material which is considered unsuitable by the building official as foundation material. All combustible and noncombustible materials and debris from the clearing, grubbing, and stripping operations shall be removed from the proposed fill area and disposed of at locations above the RFD and/or in the manner approved by the building official. Fill material shall be of a selected type, preferably granular and free-draining placed in compacted layers. Fill selection and placement shall recognize the effects of saturation from flood waters on slope stability, uniform and differential settlement, and scour potential.

The minimum elevation of the top slope for the fill section shall be no more than one foot below the RFD. Minimum distance from any point of the building perimeter to the top of the fill slope shall be either 15 feet or twice the depth of fill at that point, whichever is the greater distance. This requirement does not apply to roadways, driveways, playgrounds, and other related features which are not integral and functional parts of the building proper. Fill slopes for granular materials shall be not steeper than one vertical on 1-1/2 horizontal, unless substantiating data justifying steeper slopes are submitted to the building official and approved. For slopes exposed to flood velocities of less than five feet per second, grass or vine cover, weeds, bushes, and similar vegetation undergrowth will be considered to provide adequate scour protection.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2150 Floodproofing Regulations, Section 612.3

FPR section 612.3 is amended to read as follows:

Protection by Dikes, Levees, and Floodwalls: Dikes, levees, and floodwalls must not be considered to provide FP1 or FP2 floodproofing or flood protection unless

(1) the dike, levee, or floodwall is built in accordance with recognized and accepted engineering practice and methods, and

(2) the design data has been submitted to the Department of Natural Resources and the Federal Emergency Management Agency for revision of the community's flood insurance study (flood insurance rate map) and official zoning map.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1335.2200 Floodproofing Regulations, Section 802.1

FPR section 802.1 is amended to read as follows:

Applicability: Spaces to be intentionally flooded with flood water (W4) shall be provided with the necessary equipment, devices, piping, controls, etc. necessary for automatic flooding during the flood event and drainage system(s) shall utilize approved piping materials and have sufficient capacity for raising or lowering the internal water level at a rate comparable to the anticipated rate of rise and fall of a flood that would reach the RFD. These pipe systems shall be directly connected to the external flood waters to maintain a balanced internal and external water pressure condition. Provisions shall be made for filling the lower portions of the structure first and for interconnections through or around all floors and partitions to prevent unbalanced filling of chambers or parts within the structures. All spaces below the RFD shall be provided with air vents extending to at least three feet above the elevation of the RFD to prevent the trapping of air by the rising water surface. All openings to the filling and drainage systems shall be protected by screens or grilles to prevent the entry or nesting of rodents or birds in the systems.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2300 Floodproofing Regulations, Section 1101.3.2

FPR section 1101.3.2 is amended by changing the "contents class" of food products from X to 1.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2400 Floodproofing Regulations, Section 1301.2.1

FPR section 1301.2.1 is amended to read as follows:

Heating systems utilizing gas- or oil-fired furnaces shall have a float-operated automatic control valve installed in the fuel supply line which shall be set to operate when flood waters reach an elevation equal to the floor level of the space where furnace equipment is installed. A manually operated gate valve that can be operated from a location above the RFD shall be provided in the fuel supply line to serve as a supplementary safety provision for fuel cutoff. The heating equipment and fuel storage tanks shall be mounted on and securely anchored to a foundation pad or pads of sufficient mass to overcome buoyancy and prevent movement that could damage the fuel supply line. As an alternate means of protection, elevation of heating equipment and fuel storage tanks above the RFD on platforms or by suspension from overhead structural systems will be permitted. All unfired pressure vessels will be accorded similar treatment. Fuel lines shall be attached to furnaces by means of flexible or swing type couplings. All heating equipment and fuel storage tanks shall be vented to an elevation of at least three feet above the RFD. Air supply for combustion shall be furnished if required for systems installed in W1 or W2 spaces and piping or duct work for each purpose shall be terminated at least three feet above the RFD.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2500 Floodproofing Regulations, Section 1302.2.2

FPR section 1302.2.2 is amended to read as follows:

Where the state of dryness of a space is dependent on a sump pump system, or where the stability of a structure during a flood event depends on the relief of uplift pressures on building components, all interior stormwater drainage or seepage, appliance drainage, and underslab drain tile systems shall be directly connected to a sump (pump) and discharged at an elevation at least three feet above the RFD.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2600 Floodproofing Regulations, Section 1302.2.3.1

FPR section 1302.2.3.1 is amended to read as follows:

All vents shall extend to an elevation of at least three feet above the RFD.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2700 Floodproofing Regulations, Section 1302.3

FPR section 1302.3 is amended to read as follows:

Sewage Disposal/Treatment: Individual sewage disposal and/or treatment facilities will be permitted in a flood hazard area but only at locations where connection with a public sewer system is not permissible or feasible. Such facilities shall conform to applicable standards, criteria, and rules of the Minnesota Department of Health and Pollution Control Agency in terms of size, construction, use, and maintenance and with standards and criteria of the Minnesota Department of Natural Resources regarding setbacks from normal high water mark of a watercourse in accordance with the public water classification.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2800 Floodproofing Regulations, Section 1302.3.1

FPR section 1302.3.1 regarding cesspools/sewage disposals has been amended by deleting this section in its entirety.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.2900 Floodproofing Regulations, Section 1302.3.2

FPR section 1302.3.2 regarding seepage pits has been amended by deleting this section in its entirety.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.3000 Floodproofing Regulations, Section 1302.4.1

FPR section 1302.4.1 is amended to read as follows:

Water supply wells, tanks, filters, softeners, heaters, and all appliances located below the RFD shall be protected against contamination by covers, walls, copings, or castings. All vents shall be extended to a minimum elevation of three feet above the RFD.

History

Statutory Authority: MS s 104.05

Minn. R. 1335.3100 Floodproofing Regulations, Section 1405.3

FPR section 1405.3 is amended to read as follows:

Protection by Dikes, Levees, and Floodwalls: Dikes, levees, and floodwalls must not be considered to provide floodproofing or flood protection unless

(1) the dike, levee, or floodwall is built in accordance with recognized and accepted engineering practice and methods, and

History

Statutory Authority: MS s 16B.61; 326B.106
History: 15 SR 74; L 2007 c 140 art 4 s 61; art 13 s 4

Chapter 1341 ACCESSIBILITY FOR BUILDINGS AND FACILITIES

Minn. R. 1341.0005 Incorporation of the International Building Code and International Existing Building Code by Reference

For purposes of this chapter, "IBC" means the 2018 edition of the International Building Code as promulgated by the International Code Council, Inc., Washington, D.C. Chapter 11 of the IBC is incorporated by reference and made part of the Minnesota State Building Code except as amended in this chapter. Portions of this rule chapter reproduce excerpts from the 2018 IBC, International Code Council, Inc., Washington, D.C., copyright 2017, reproduced with permission, all rights reserved. The IBC is not subject to frequent change and a copy of the IBC, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

For purposes of this chapter, "IEBC" means the 2018 edition of the International Existing Building Code as promulgated by the International Code Council, Inc., Washington, D.C. Section 305 of the IEBC is incorporated by reference and made part of the Minnesota State Building Code except as amended in this chapter. Portions of this rule chapter reproduce excerpts from the 2018 IEBC, International Code Council, Inc., Washington, D.C., copyright 2017, reproduced with permission, all rights reserved. The IEBC is not subject to frequent change and a copy of the IEBC, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95; 44 SR 537

Minn. R. 1341.0010 Referenced Standard

For purposes of this chapter, "ICC A117.1" means the 2009 edition of ICC/ANSI A117.1 as promulgated by the Accredited Standards Committee A117 on Architectural Features and Site Design of Public Buildings and Residential Structures for Persons with Disabilities. The ICC/ANSI A117.1-2009 edition is approved by the American National Standard Institute (ANSI) and owned by the International Code Council, Inc. ICC A117.1 is incorporated by reference in IBC chapter 11 and made part of the Minnesota State Building Code except as amended in this chapter. Portions of this chapter reproduce text and tables from the ICC A117.1. The ICC A117.1 is not subject to frequent change and a copy of the ICC A117.1, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry. The ICC A117.1 is copyright 2010 by the International Code Council, Inc., all rights reserved.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0011 Ibc Chapter 11

Subpart 1. IBC section 1101, General.

Section 1101 is amended by adding a section 1101.2 to read as follows:

1101.2 Equity. Where not all similar type facilities and spaces are required to be accessible, accessible facilities and spaces shall be provided with the same or equivalent elements as provided in the nonaccessible facilities and spaces.

Subp. 1a. IBC section 1101, General.

Section 1101 is amended by adding a section 1101.3 to read as follows:

1101.3 Calculation of percentages. Where the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided. Where the determination of the required size or dimension of an element or facility involves ratios or percentages, rounding down for values less than one-half is permitted.

Subp. 2.

[Repealed, 44 SR 537]

Subp. 2a.

[Repealed, 44 SR 537]

Subp. 3. IBC section 1103, Scoping requirements.

A. Section 1103.2.1 is amended to read as follows: 1103.2.1 Specific requirements. Accessibility is not required in buildings and facilities, or portions thereof, to the extent permitted by Sections 1104 to 1111.

B. Section 1103.2.8, Areas in places of religious worship, is deleted in its entirety.

C. Section 1103.2.12, Day care facilities, is deleted in its entirety.

D. Section 1103.2, General exceptions, is amended by adding a section to read as follows: 1103.2.15 Recreational facilities. Recreational equipment such as play structures, amusement rides, and miniature golf are not required to be accessible.

Subp. 3a. IBC section 1103, Scoping requirements.

Section 1103 is amended by adding a section to read as follows:

1103.2.16 Existing buildings. Existing buildings shall comply with IEBC Section 305 as amended by Minnesota Rules, part 1341.0030, as applicable.

Subp. 4. IBC section 1104, Accessible route.

A. Section 1104.4 is amended to read as follows: 1104.4 Multilevel buildings and facilities. Multilevel buildings and facilities shall comply with Sections 1104.4.1 to 1104.4.4 as applicable. 1104.4.1 General. At least one accessible route shall connect each accessible story, mezzanine, and occupied roof in multilevel buildings and facilities. Exceptions: 1. An accessible route is not required to stories, mezzanines, or occupied roofs that have an occupant load of not more than 30 and are located above or below accessible levels. 2. Stories, mezzanines, or occupied roofs that do not contain accessible elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an accessible route from an accessible level. 3. In air traffic control towers, an accessible route is not required to serve the cab and the floor immediately below the cab. 1104.4.2 Specific public areas. At least one accessible route shall connect each level that is open to the public, including mezzanines, in the following multilevel buildings and facilities: 1. group M occupancies; 2. health care providers (Group B or I occupancies); 3. nongovernment passenger transportation and airport facilities (Group A-3 or B occupancies); and 4. government facilities. Exception: In air traffic control towers, an accessible route is not required to serve the cab and the floor immediately below the cab. 1104.4.3 Musical risers. An accessible route shall be provided to the main floor level and to at least one riser level of built-in or fixed riser assemblies designed for instrumental or choral use. Exception: An accessible route is not required to risers where performers are positioned on the main floor level at the base of the risers. 1104.4.4 Tiered areas. Tiered areas without fixed seats shall comply with Section 1104.4.4.1 or 1104.4.4.2. 1104.4.4.1 Small tiered areas utilizing the floor area at the base of the tier. Where a tiered area has no more than five tiers, the tier assembly has an occupant load of not more than 300, and the floor level at the base of the tier is utilized for the same use as the tiers, an accessible route shall be provided to the floor level at the base of the tier. 1104.4.4.2 Other tiered areas. Tiered areas not complying with Section 1104.4.4.1 shall provide an accessible route to the floor level at the base of the tier and to 10 percent, but not less than one level, of the tiered levels. Accessible tiers shall be separated by a minimum of five intervening tiers. Exceptions: 1. An accessible route shall not be required to tiers where the depth of each tier is 36 inches (915 mm) maximum. 2. An accessible route shall not be required to tiers where the floor level at the base of the tier is not utilized for the same use as the tiers, provided: there are no more than five tiers; the tier assembly has an occupant load of not more than 300; individuals are intended to sit directly on the tier surface; and, a clear floor space is provided adjacent to the tier which allows a transfer onto a tier.

B. Section 1104.5 is amended to read as follows: 1104.5 Location. Accessible routes shall be the shortest route possible and coincide with a primary use general circulation path. Where the circulation path is interior, the accessible route shall also be interior. Where the circulation path is within a tenant space in a multitenant facility, the accessible route shall also be within the tenant space. Where only one accessible route is provided, the accessible route shall not pass through kitchens, storage rooms, restrooms, closets, or similar spaces. Exceptions: 1. Accessible routes from parking garages contained within and serving Type B dwelling units are required to be interior only when the garage provides required accessible parking and where dwelling units not providing accessible parking are provided with interior routes. 2. A single accessible route is permitted to pass through a kitchen or storage room in an Accessible unit, Type A unit, or Type B unit. 3. Where the accessible route cannot coincide with a general circulation path, the accessible route shall be located in the same area as the general circulation path.

Subp. 5. IBC section 1105, Accessible entrances.

A. Section 1105.1 is amended to read as follows: 1105.1 Public entrances. In addition to accessible entrances required by Sections 1105.1.1 to 1105.1.5, at least 60 percent of all public entrances to each building, facility, and tenant space shall be accessible. Exceptions: 1. An accessible entrance is not required to areas not required to be accessible. 2. Loading and service entrances that are not the only entrance to a tenant space.

B. Subsection 1105.1.6 is deleted in its entirety.

C. Section 1105.1.7, Tenant spaces, dwelling units and sleeping units, is renumbered and amended to read as follows: 1105.2 Dwelling unit and sleeping unit entrances. At least one accessible entrance shall be provided to each dwelling unit and sleeping unit required to be an Accessible unit, Type A unit, or Type B unit.

Subp. 5a. IBC Section 1106, Parking and passenger loading facilities.

Section 1106.7, Passenger loading zones, is amended by adding a new subsection to read as follows:

1106.7.5 Bus boarding and alighting. At least one bus boarding and alighting space in each boarding and alighting area shall be accessible.

Subp. 5b. IBC Section 1106.8, Restriping.

Section 1106 is amended by adding a section to read as follows:

1106.8 Restriping. Renewing parking striping shall be allowed. New striping due to surface seal coating, resurfacing, reconfiguration of parking spaces, or some other reason, shall provide accessible spaces as applicable in sections 1106.1 to 1106.7.

Subp. 6. IBC section 1107, Dwelling units and sleeping units.

A. Section 1107.3, Accessible spaces, is amended by deleting exception 3.

B. Section 1107.5 is amended to read as follows: 1107.5 Group I. Accessible units and Type B units shall be provided in Group I occupancies in accordance with Sections 1107.5.1 to 1107.5.5. Dwelling units and sleeping units intended to be used by guests in Groups I-1 and I-2 occupancies providing Accessible units or Type B units shall comply with Sections 1107.6.1.1, 1107.6.1.3, and 1107.6.1.5.

C. Section 1107.5.1 is amended to read as follows: 1107.5.1 Group I-1. In Group I-1 occupancies not licensed by the Department of Health, Accessible units and Type B units shall be provided in accordance with Sections 1107.5.1.1 and 1107.5.1.2. Group I-1 boarding care facilities licensed by the Department of Health shall be provided in accordance with Section 1107.5.1.3.

D. Section 1107.5.1, Group I-1, is amended by adding a section to read as follows: 1107.5.1.3 Boarding care. All boarding care resident rooms and common use bathing rooms provided only for boarding care resident use shall comply with Minnesota Rules, chapter 4660. All other rooms and spaces shall comply with the applicable provisions of this code.

E. Section 1107.5.2 is amended to read as follows: 1107.5.2 Group I-2 nursing homes. In Group I-2 nursing homes licensed by the Department of Health, at least 50 percent, but not less than one room of all nursing home resident rooms, and all common use toilet rooms and bathing rooms provided only for nursing home resident use, shall comply with Minnesota Rules, part 4658.4150. All other rooms and spaces shall comply with the applicable provisions of this code. Subsections 1107.5.2.1 and 1107.5.2.2 are deleted in their entirety.

F. Section 1107.6 is amended to read as follows: 1107.6 Group R. Dwelling units and sleeping units shall be provided in Group R occupancies in accordance with Sections 1107.6.1 to 1107.6.4, except as provided in subitems (1) to (3). Bedrooms within student facilities and congregate living facilities shall be considered sleeping units for the purpose of determining the number of units.

G. Section 1107.6.1 is amended to read as follows: 1107.6.1 Group R-1. Accessible units, Type B units, and units with communication features shall be provided in Group R-1 occupancies in accordance with Sections 1107.6.1.1 to 1107.6.1.4. Units not required to be Accessible units or Type B units shall comply with Section 1107.6.1.5.

H. Section 1107.6.1.1 is amended to read as follows: 1107.6.1.1 Accessible units. Accessible dwelling units and sleeping units shall be provided in accordance with Table 1107.6.1.1. On a multiple-building site, where structures contain more than 50 dwelling units or sleeping units, the number of Accessible units shall be determined per structure. On a multiple-building site, where structures contain 50 or fewer dwelling units or sleeping units, all dwelling units and sleeping units on a site shall be considered to determine the total number of Accessible units.

I. Section 1107.6.1, Group R-1, is amended by adding a section to read as follows: 1107.6.1.3 Communication features. Dwelling units and sleeping units with accessible communication features shall be provided in accordance with Table 1107.6.1.3 and shall provide the following: 1. audible and visual alarms complying with ICC A117.1; and 2. visual notification devices to alert room occupants of a door knock or bell. Notification devices shall not be connected to visual alarm signal appliances. TABLE 1107.6.1.3 DWELLING OR SLEEPING UNITS WITH ACCESSIBLE COMMUNICATION FEATURES

J. Section 1107.6.1, Group R-1, is amended by adding a section to read as follows: 1107.6.1.4 Dispersion. Units required to comply with Sections 1107.6.1.1 and 1107.6.1.3 shall be dispersed to multiple floors in multistory facilities having more than two stories or providing more than 100 total units. Units required to comply with Sections 1107.6.1.1 and 1107.6.1.3 shall be dispersed among the various classes of rooms. Where the minimum number of units required to comply with Sections 1107.6.1.1 and 1107.6.1.3 is not sufficient to allow for complete dispersion, units shall be dispersed in the following priority: room type, number of beds, and amenities. At least one unit required to comply with Section 1107.6.1.1 shall also comply with Section 1107.6.1.3. Not more than 10 percent of units required to comply with Section 1107.6.1.1 shall be used to satisfy the minimum number of units required to comply with Section 1107.6.1.3.

K. Section 1107.6.1, Group R-1, is amended by adding a section to read as follows: 1107.6.1.5 Passage doors. Passage doors into and within units not required to comply with Section 1107.6.1.1 or 1107.6.1.2 shall provide a clear width in compliance with ICC A117.1. Exception: Shower and sauna doors.

L. Section 1107.6.2 is amended to read as follows: 1107.6.2 Group R-2. Dwelling units and sleeping units shall be provided in Group R-2 occupancies in accordance with Sections 1107.6.2.2 and 1107.6.2.3. Subsection 1107.6.2.1, Live/work units, is deleted in its entirety.

M. Section 1107.6.2.2.1 is amended to read as follows: 1107.6.2.2.1 Type A units. In Group R-2 occupancies containing more than seven dwelling units or sleeping units, at least 2 percent but not less than one of the units shall be a Type A unit. All Group R-2 units within a contiguous parcel of land development, irrespective of lot lines and public rights-of-way within the development, shall be considered to determine the total number of units and the required number of Type A units. Type A units shall be dispersed among the various classes of units. Where three or more Type A units are required, at least one Type A unit shall be provided with an accessible roll-in shower. Exceptions: 1. The number of Type A units is permitted to be reduced in accordance with Section 1107.7. 2. Existing Group R-2 units shall not contribute to the total number of units considered to determine the number of Type A units required.

N. Section 1107.6.2.3 is amended to read as follows: 1107.6.2.3 Group R-2 other than apartment houses, monasteries, and convents. In Group R-2 occupancies, other than apartment houses, monasteries, and convents, dwelling units and sleeping units shall be provided in accordance with Sections 1107.6.1.1 to 1107.6.1.5. Bedrooms within congregate living facilities, dormitories, sororities, fraternities, and boarding houses shall be counted as sleeping units for the purpose of determining the number of units. Where the bedrooms are grouped into dwelling or sleeping units, only one bedroom in each dwelling or sleeping unit shall be permitted to count toward the number of required Accessible units. Subsections 1107.6.2.3.1, Accessible units, and 1107.6.2.3.2, Type B units, are deleted in their entirety.

O. Section 1107.6.3 is amended to read as follows: 1107.6.3 Group R-3. Group R-3 occupancies shall comply with Section 1107.6.3.1, 1107.6.3.2, or 1107.6.3.3 as applicable. 1107.6.3.1 Dwelling units and sleeping units. In occupancies where there are four or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit. Exception: The number of Type B units is permitted to be reduced in accordance with Section 1107.7. 1107.6.3.2 Congregate living facilities, dormitories, sororities, fraternities, boarding houses, and care facilities. Congregate living facilities, dormitories, sororities, fraternities, boarding houses, and care facilities that have four or more sleeping units in each facility shall comply with Sections 1107.6.4.1 and 1107.6.4.2. Bedrooms within congregate living facilities, dormitories, sororities, fraternities, boarding houses, and care facilities shall be counted as sleeping units for the purpose of determining the number of units. 1107.6.3.3 Care facilities. Care facilities that provide accommodations for less than 24 hours are not required to be accessible.

P. Section 1107.7 is amended to read as follows: 1107.7 General exceptions. Where specifically permitted by Section 1107.5 or 1107.6, the required number of Type A and Type B units is permitted to be reduced in accordance with Sections 1107.7.1 to 1107.7.6.

Q. Section 1107.7, General exceptions, is amended by adding a section to read as follows: 1107.7.6 Owner occupied units. Type A units are not required in dwelling units or sleeping units where sale of the unit occurs prior to construction of the unit and the dwelling unit owner declines the Type A provisions. The dwelling units and sleeping units shall be Type B units.

Subp. 7. IBC Section 1108, Special occupancies.

A. Section 1108.2, Assembly area seating, is amended to read as follows: 1108.2 Assembly area seating. A building, room, or space used for assembly purposes with fixed seating shall comply with sections 1108.2.1 to 1108.2.5. A building, room, or space used for assembly purposes with nonfixed seating shall comply with section 1108.2.6. Assistive listening systems shall comply with section 1108.2.7. Performance areas viewed from assembly seating areas shall comply with section 1108.2.8. Dining areas shall comply with section 1108.2.9. All subsections remained unchanged, except for item B, section 1108.2.6, Nonfixed seating.

B. Section 1108.2.6, Lawn seating, is amended to read as follows: 1108.2.6 Nonfixed seating. Seating areas where fixed seats are not provided shall connect to an accessible route.

Subp. 8. IBC section 1109, Other features and facilities.

A. Section 1109.1, General, is amended to read as follows: 1109.1 General. Accessible building features and facilities shall be provided in accordance with sections 1109.2 to 1109.19. Exception: Accessible units, Type A units, and Type B units shall comply with chapter 10 of ICC A117.1.

B. Section 1109.2.1.5, Prohibited location, is amended to read as follows: 1109.2.1.5 Prohibited location. The accessible route from separate-sex toilet rooms to a family or assisted-use toilet room shall not pass through security checkpoints.

C. Section 1109.2.2 is amended to read as follows: 1109.2.2 Water closet compartment. Where water closet compartments are provided in a toilet room or bathing room, at least five percent of the total number of compartments shall be wheelchair-accessible compartments. Where two or more water closet compartments are provided in a toilet room or bathing room, at least five percent of the total number of compartments shall be ambulatory-accessible water closet compartments in addition to the wheelchair-accessible compartments.

D. Section 1109.2 is amended to add a section to read as follows: 1109.2.4 Adult-sized changing stations. Where provided, adult changing stations shall be accessible. Where required, adult changing stations shall be accessible and shall comply with sections 1109.2.4.1 through 1109.2.4.4. 1109.2.4.1 Where required. At least one adult changing station shall be provided in all of the following locations: 1. In assembly and mercantile occupancies, where an aggregate of six or more male and female water closets are required. In buildings of mixed occupancy, only those water closets required for the assembly and mercantile occupancies shall be used to determine the adult changing station requirement. 2. In Group B occupancies providing educational facilities for students above the 12th grade, where an aggregate of twelve or more male and female water closets are required to serve the classrooms and lecture halls. 3. In Group E occupancies, where a room or space used for assembly purposes requires an aggregate of six or more male and female water closets for that room or space. 4. In Minnesota Department of Transportation rest areas provided with plumbing and electricity at toileting locations. 5. State park campgrounds provided with plumbing and electricity at toileting locations. 6. State park visitor centers provided with plumbing and electricity at toileting locations. 7. In hospitals and ambulatory care facilities, where an aggregate of six or more male and female water closets are required. 8. In Group B outpatient clinics, where an aggregate of six or more male and female water closets are required. 1109.2.4.2 Room. Adult changing stations shall be located in single-user toilet rooms that include only one water closet and only one lavatory. Fixtures located in such rooms shall be included in determining the number of fixtures provided in an occupancy. The occupants shall have access to the required adult changing station at all times that the associated occupancy is occupied. Exception: Adult changing stations shall be permitted to be located in family or assisted-use toilet rooms required in Section 1109.2.1. 1109.2.4.3 Prohibited location. The accessible route from public and employee toilet rooms required by Minnesota Rules, chapter 1305, to an accessible adult changing station shall not require travel through security checkpoints. 1109.2.4.4 Travel distance. The adult changing station shall be located on an accessible route and the path of travel to the facility shall not exceed 1,000 feet. Exception: In Group A-4 and A-5 occupancies the path of travel shall not exceed 2,000 feet.

E. Section 1109.3, Sinks, is amended by deleting the exception.

F. Section 1109.4, Kitchens and kitchenettes, is amended by adding an exception to read as follows: Exception: Where multiple kitchens are provided in a space or room, at least one kitchen shall be accessible.

G. Section 1109.7 is amended to read as follows: 1109.7 Elevators. Passenger elevators on an accessible route shall be accessible and comply with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices.

H. Section 1109.8 is amended to read as follows: 1109.8 Lifts. Platform (wheelchair) lifts are permitted to be a part of a required accessible route in new construction where indicated in items 1 to 10. Platform (wheelchair) lifts shall be accessible and comply with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices. 1. An accessible route to a performing area and speaker platforms. 2. An accessible route to wheelchair spaces required to comply with the wheelchair space dispersion requirements of Sections 1108.2.2 to 1108.2.6 or the accessible route requirements of Sections 1104.4.3 and 1104.4.4. 3. An accessible route to spaces that are not open to the general public with an occupant load of not more than five. 4. An accessible route within a dwelling or sleeping unit. 5. An accessible route to jury boxes and witness stands; raised courtroom stations including judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, and court reporters' stations; and to depressed areas such as the well of the court. 6. An accessible route to load and unload areas serving amusement rides. 7. An accessible route to play components or soft contained play structures. 8. An accessible route to team or player seating areas serving areas of sport activity. 9. An accessible route where existing exterior site constraints make use of a ramp or elevator infeasible. 10. An accessible route within a tenant space as required in Section 1104.5 where the area accessed by the lift has an occupant load of 150 maximum or where the structural limitations make use of an elevator impracticable.

I. Section 1109.10 is amended to read as follows: 1109.10 Detectable warnings. Passenger transit platform edges bordering a drop-off and not protected by platform screens or guards and circulation paths that cross tracks shall have a detectable warning. Exception: Detectable warnings are not required at bus stops.

J. Section 1109.12.3 is amended to read as follows: 1109.12.3 Point of sale and service counters. Where counters are provided for sales or distribution of goods or services, at least one of each type provided in each area shall be accessible. Where such counters are dispersed throughout the building or facility, accessible counters shall also be dispersed.

K. Section 1109.14, Fuel dispensing systems, is deleted in its entirety.

L. Section 1109, Other features and facilities, is amended by adding four sections to read as follows: 1109.16 Automatic teller and fare vending machines. Where automatic teller and fare vending machines are provided, at least one machine at each location shall be accessible. Where bins are provided for envelopes, wastepaper, or other purposes, at least one of each type shall be accessible. 1109.17 Public telephones. Where coin-operated public pay telephones, coinless public pay telephones, public closed-circuit telephones, courtesy telephones, or other types of public telephones are provided, public telephones shall be provided in accordance with Section 1109.17 for each type of public telephone provided. For purposes of this section, a bank of telephones shall be considered two or more adjacent telephones. For purposes of this section, "public building" means a building or portion of a building constructed by, on behalf of, or for the use of the state of Minnesota or any local government and any department, agency, public school district, special purpose district, or other instrumentality of the state or local government. 1109.17.1 Wheelchair accessible telephones. Where public telephones are provided, telephones complying with ICC A117.1 shall be provided in accordance with Table 1109.17.1. Exception: Drive-up only public telephones. TABLE 1109.17.1 WHEELCHAIR ACCESSIBLE TELEPHONES 1109.17.2 Volume controls. All public telephones shall have volume controls complying with ICC A117.1. 1109.17.3 TTYs. TTYs complying with ICC A117.1 shall be provided in accordance with Section 1109.17.3. 1109.17.3.1 Bank requirement. Where four or more public pay telephones are provided at a bank of telephones, at least one public TTY complying with ICC A117.1 shall be provided at that bank. Exception: TTYs shall not be required at banks of telephones located within 200 feet (61 m) of, and on the same floor as, a bank containing a public TTY. 1109.17.3.2 Floor requirement. TTYs in public buildings shall be provided in accordance with Section 1109.17.3.2.1. TTYs in private buildings shall be provided in accordance with Section 1109.16.3.2.2. 1109.17.3.2.1 Public buildings. Where at least one public pay telephone is provided on a floor of a public building, at least one public TTY shall be provided on that floor. 1109.17.3.2.2 Private buildings. Where four or more public pay telephones are provided on a floor of a private building, at least one public TTY shall be provided on that floor. 1109.17.3.3 Building requirement. TTYs in public buildings shall be provided in accordance with Section 1109.17.3.3.1. TTYs in private buildings shall be provided in accordance with Section 1109.17.3.3.2. 1109.17.3.3.1 Public buildings. Where at least one public pay telephone is provided in a public building, at least one public TTY shall be provided in the building. 1109.17.3.3.2 Private buildings. Where four or more public pay telephones are provided in a private building, at least one public TTY shall be provided in the building. 1109.17.3.4 Exterior site requirement. Where four or more public pay telephones are provided on an exterior site, at least one public TTY shall be provided on the site. 1109.17.3.5 Rest stops, emergency roadside stops, and service plazas. Where a public pay telephone is provided at a public rest stop, emergency roadside stop, or service plaza, at least one public TTY shall be provided. 1109.17.3.6 Hospitals. Where a public pay telephone is provided serving a hospital emergency room, hospital recovery room, or hospital waiting room, at least one public TTY shall be provided at each location. 1109.17.3.7 Transportation facilities. In addition to the requirements of Sections 1109.17.3.1 to 1109.17.3.4, in transportation facilities, where one public pay telephone serves a particular entrance to a bus or rail facility, a TTY shall be provided to serve that entrance. In airports, in addition to the requirements of Sections 1109.17.3.1 to 1109.17.3.4, if four or more public pay telephones are located in a terminal outside the security areas, a concourse within the security areas, or a baggage claim area in a terminal, at least one public TTY shall also be provided in each location. 1109.17.3.8 Detention and correctional facilities. In detention and correctional facilities, where a public pay telephone is provided in a secured area used only by detainees or inmates and security personnel, then at least one TTY shall be provided in at least one secured area. 1109.17.4 Shelves for portable TTYs. Where a bank of telephones in the interior of a building consists of three or more public pay telephones, at least one public pay telephone at the bank shall be provided with a shelf and an electrical outlet in accordance with ICC A117.1. Exceptions: 1. Secured areas of detention and correctional facilities where shelves and outlets are prohibited for purposes of security or safety shall not be required to comply with Section 1109.17.4. 2. The shelf and electrical outlet shall not be required at a bank of telephones with a TTY. 1109.18 Airplane hangars. An accessible route and accessible entrance shall be provided to 5 percent of all airplane hangars in a facility, but not less than one hangar used for the storage or repair of private aircraft. 1109.19 Two-way communication systems. Where a two-way communication system is provided to gain admittance to a building or facility or to restricted areas within a building or facility, the system shall comply with ICC A117.1.

Subp. 8a. IBC section 1110, Recreational facilities.

A. Section 1110.4.8 is amended to read as follows: 1110.4.8 Amusement rides. Amusement rides that move persons through a fixed course within a defined area shall comply with Sections 1110.4.8.1 and 1110.4.8.2. Exception: Mobile or portable amusement rides shall not be required to be accessible.

B. Section 1110.4.8.2 is amended to read as follows: 1110.4.8.2 Wheelchair spaces, ride seats designed for transfer, and transfer devices. Where amusement rides are in the load and unload position, the position serving a wheelchair space shall be on an accessible route.

C. Section 1110.4.8.3, Minimum number, is deleted in its entirety.

D. Section 1110.4.12, Miniature golf facilities, and its subsections are deleted in their entirety.

Subp. 9. IBC section 1111, Signage.

Section 1111 is deleted in its entirety and replaced with the following:

SECTION 1111

SIGNAGE

A. 1111.1 General. Signs shall be provided in accordance with Section 1111 and shall comply with ICC A117.1.

Exceptions:

Building directories, menus, seat and row designations in assembly areas, occupant names, building addresses, and company names and logos shall not be required to comply.
Temporary, seven days or less, signs shall not be required to comply.
In detention and correctional facilities, signs not located in public use areas shall not be required to comply.

B. 1111.2 Designations. Interior and exterior signs identifying toilet rooms, bathing rooms, locker rooms, dressing rooms, fitting rooms, room numbers, and room names shall comply with ICC A117.1, Section 703.3. Where pictograms are provided, they shall comply with ICC A117.1, Section 703.5 and include text descriptors. The International Symbol of Accessibility complying with ICC A117.1, Section 703.6.3.1 shall be provided at the following locations:

Accessible passenger loading zones.
Accessible toilet and bathing rooms where not all such rooms are accessible.
Accessible dressing, fitting, and locker rooms where not all such rooms are accessible.
Accessible lockers located in recreational facilities.

1111.2.1 Exterior signs. Exterior signs that are not located at the door to the space they serve shall comply with ICC A117.1, Section 703.2.

C. 1111.3 Directional and informational signs. Signs that provide direction to or information about interior spaces and facilities of the site shall comply with the visual character requirements in ICC A117.1, Section 703.2.

1111.3.1 Directional signs. Directional signage indicating the route to the nearest like accessible element shall be provided at the following locations and shall include the International Symbol of Accessibility and sign characters shall meet the visual character requirements in accordance with ICC A117.1.

Inaccessible public toilets and bathing facilities.
Elevators not serving an accessible route.
At each separate-sex toilet and bathing room indicating the location of the nearest family/assisted use toilet or bathing room where provided in accordance with Section 1109.2.1.
Where drinking fountains for persons using wheelchairs and drinking fountains for standing persons are not located adjacent to each other, directional signage shall be provided indicating the location of the other drinking fountains.
At amusement rides where accessible unload areas also serve as accessible load areas, signs indicating the location of the accessible load and unload areas shall be provided at entries to queues and waiting lines.

D. 1111.4 Means of egress. Signage providing instructions for the operation of exit doors shall comply with ICC A117.1, Section 703.2. Floor designations within exit stairways shall comply with ICC A117.1, Section 504.9. Other signs for accessible means of egress shall comply with IBC chapter 10.

E. 1111.5 Parking. Accessible parking spaces shall be identified by signs complying with ICC A117.1, Section 502.7.

Exceptions:

Where the total number of parking spaces provided is four or less, identification of accessible parking spaces is not required.
In Group I-1, R-2, R-3, and R-4, where parking spaces are assigned to specific residential dwelling units or sleeping units, identification of accessible parking spaces shall not be required.

F. 1111.6 Entrances. Where not all entrances are accessible, accessible entrances shall be identified by the International Symbol of Accessibility complying with ICC A117.1, Section 703.6.3.1. Directional signs complying with ICC A117.1, Section 703.2, that indicate the location of the nearest accessible entrance shall be provided at all nonaccessible entrances.

G. 1111.7 TTYs. TTY identification and directional signs shall be provided in accordance with Section 1111.7.

1111.7.1 Identification signs. Public TTYs shall be identified by the International Symbol of TTY complying with ICC A117.1, Section 703.6.3.2.

1111.7.2 Directional signs. Directional signs indicating the location of the nearest public TTY shall be provided at all banks of public pay telephones not containing a public TTY. In addition, where signs provide direction to public pay telephones, they shall also provide direction to public TTYs. Directional signs shall comply with ICC A117.1, Section 703.2, and shall include the International Symbol of TTY complying with ICC A117.1, Section 703.6.3.2.

H. 1111.8 Assistive listening systems. Each assembly area required to provide assistive listening systems shall provide signs informing patrons of the availability of the assistive listening system. Assistive listening signs shall comply with ICC A117.1, Section 703.2, and shall include the International Symbol of Access for Hearing Loss complying with ICC A117.1, Section 703.6.3.3.

Exception: Where ticket offices or windows are provided, signs shall not be required at each assembly area provided that signs are displayed at each ticket office or window informing patrons of the availability of assistive listening systems.

I. 1111.9 Check-out aisles. Where not all check-out aisles are accessible, accessible check-out aisles shall be identified by the International Symbol of Accessibility complying with ICC A117.1, Section 703.6.3.1. Signage at accessible check-out aisles shall be located in the same location as the nonaccessible check-out aisle identification.

Exception: Where all check-out aisles serving a single function are accessible, signs complying with ICC A117.1, Section 703.6.3.1, shall not be required.

J. 1111.10 Variable message signs. Where provided in the locations in Sections 1111.10.1 and 1111.10.2, variable message signs (VMS) shall be accessible.

1111.10.1 Transportation facilities. Where provided in transportation facilities, variable message signs conveying transportation-related information shall comply with Section 1111.10.

1111.10.2 Emergency shelters. Where provided in buildings that are designated as emergency shelters, variable message signs conveying emergency-related information shall comply with Section 1111.10.

Exception: Where equivalent information is provided in an audible manner, VMS signs are not required to comply with Section 1111.10.

Subp. 10.

[Repealed, 39 SR 95]

Subp. 11.

[Repealed, 44 SR 537]

Subp. 12.

[Repealed, 44 SR 537]

Subp. 13.

[Repealed, 44 SR 537]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95; 44 SR 537; 49 SR 532

Minn. R. 1341.0030 Iebc Section 305, Accessibility for Existing Buildings

Subpart 1. IEBC section 305.1, Scope.

Section 305.1 is amended by adding a section to read as follows:

305.1.2 References to other International Code Council codes. References to the International Building Code in Section 305 means the Minnesota Accessibility Code, Minnesota Rules, part 1341.0011.

Subp. 2. IEBC section 305.4.2, Complete change of occupancy.

Section 305.4.2 is amended to read as follows:

305.4.2 Complete change of occupancy. Where an entire building undergoes a change of occupancy, it shall comply with Section 305.4.1 and shall have all of the following accessible features:

Not fewer than one accessible building entrance.
Not fewer than one accessible route from an accessible building entrance to primary function areas.
Signage complying with IBC Section 1111.
Accessible parking, where parking is being provided.
Not fewer than one accessible passenger loading zone, where loading zones are provided.
Not fewer than one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.
Not fewer than one accessible family or assisted-use toilet room or bathing room, or one accessible male and one accessible female toilet room or bathing room, shall be located on an accessible route not more than one story above or one story below a floor without such facilities. At the inaccessible toilet and bathing rooms, directional signs indicating the location of the nearest family or assisted-use toilet room or bathing room shall be provided. These directional signs shall include the International Symbol of Accessibility, and sign characters shall meet the visual character requirements in accordance with ICC A117.1.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, items 1 to 7 shall conform to the requirements to the maximum extent technically feasible.

Exception: The accessible features listed in items 1 to 7 are not required for an accessible route to Type B units.

Subp. 3. IEBC section 305.7, Alterations affecting an area containing a primary function.

Section 305.7 is amended to read as follows:

305.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities, parking facilities, and drinking fountains serving the area of primary function.

Exceptions:

The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets, and signs.
This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems, and abatement of hazardous materials.
This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.
This provision does not apply to altered areas limited to Type B dwelling and sleeping units.

Subp. 4. IEBC section 305.8, Scoping of alterations.

A. Section 305.8.2 is amended to read as follows: 305.8.2 Elevators. Altered elements of existing elevators shall comply with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices, and ICC A117.1. Such elements shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator.

B. Section 305.8.3 is amended to read as follows: 305.8.3 Platform lifts. Platform (wheelchair) lifts complying with ICC A117.1 and installed in accordance with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices, shall be permitted as a component of an accessible route. Standby power shall be provided where a platform lift provides the only accessible route from a space listed in IBC Section 1109.8.

C. Section 305.8.7 is amended to read as follows: 305.8.7 Type A dwelling or sleeping units. Where more than seven Group R-2 dwelling or sleeping units are being altered or added, the requirements of IBC Section 1107 for Type A units apply only to the quantity of the spaces being altered or added.

D. Section 305.10.1 is amended by adding subsections to read as follows: 305.8.10.1 Ambulatory compartment. In addition to the provisions of Section 305.8.10, an ambulatory compartment shall be provided within the existing toilet room or bathing room, unless technically infeasible. 305.8.10.2 Ambulatory compartment. Where it is technically infeasible to alter the existing toilet rooms and bathing rooms to be accessible or provide a family or assisted-use toilet room or bathing room in compliance with Section 305.8.10, an ambulatory compartment with a minimum clear floor space of 48 inches in front of the water closet shall be provided in the existing toilet room or bathing room, unless technically infeasible.

E. Section 305.8.13, Fuel dispensers, is deleted in its entirety.

F. Section 305.8.15, Amusement rides, is deleted in its entirety.

G. Section 305.8, Scoping of alterations, is amended by adding a section to read: 305.8.16 Addition of pedestrian route. Where a pedestrian route is installed where none existed previously, an accessible route shall be provided.

H. Section 305.8, Scoping of alterations, is amended by adding a section and subsections to read as follows: 305.8.17 Assembly areas. Assembly areas shall comply with Sections 305.8.17.1 and 305.8.17.2. 305.8.17.1 Wheelchair seating. Where it is technically infeasible to disperse accessible seating throughout an altered assembly area, accessible seating areas shall be permitted to be clustered. Each accessible seating area shall provide for companion seating and shall be located on an accessible route. 305.8.17.2 Performance area. Where it is technically infeasible to alter all performing areas to be on an accessible route, at least one of each type of performing area shall be made accessible.

I. Section 305.8, Scoping of alterations, is amended by adding a section to read as follows: 305.8.18 Check-out aisles. Where check-out aisles are altered, at least one of each type of check-out aisle serving each function shall be made accessible until the number of accessible check-out aisles complies with IBC Section 1109.12.2.

J. Section 305.8, Scoping of alterations, is amended by adding a section to read as follows: 305.8.19 Parking restriping. Renewing existing parking striping shall be allowed. New striping, due to resurfacing, reconfiguration of parking spaces, or other reasons, shall provide accessible spaces as applicable in IBC Sections 1106.1 to 1106.7.

History

Statutory Authority: MS s 326B.02
History: 44 SR 537

Minn. R. 1341.0050 [Repealed, 32 SR 9]

[Repealed, 32 SR 9]

Minn. R. 1341.0100 [Repealed, 32 SR 9]

[Repealed, 32 SR 9]

Minn. R. 1341.0104 A117.1 Section 104, Conventions

Subpart 1. A117.1 Section 104.2, Dimensions.

A117.1 Section 104.2 is amended to read as follows:

104.2 Dimensions. Dimensions that are not stated as "maximum" or "minimum" are absolute. All dimensions are subject to conventional industry tolerances except where the dimension is stated as a range with specific minimum and maximum end points.

Subp. 2.

[Repealed, 39 SR 95]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0105 A117.1 Section 105, Referenced Standards

Subpart 1. A117.1 Section 105.2.5, Safety code for elevators and escalators.

A117.1 Section 105.2.5 is deleted in its entirety.

Subp. 2. A117.1 Section 105.2.6, Safety standard for platform lifts and stairway chairlifts.

A117.1 Section 105.2.6 is deleted in its entirety.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1341.0200 [Repealed, 32 SR 9]

[Repealed, 32 SR 9]

Minn. R. 1341.0201 A117.1 Section 201, General

A117.1 Section 201 is amended to read as follows:

201 General. This standard provides technical criteria for making sites, facilities, buildings, and elements accessible. The scoping provisions provided in the State Building Code specify the extent to which these technical criteria apply. These scoping provisions address the application of this standard to: each building and occupancy type; new construction, alterations, temporary facilities, and existing buildings; specific site and building elements; and to multiple elements or spaces provided within a site or building.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1341.0202 A117.1 Section 202, Dwelling and Sleeping Units

A117.1 section 202 is amended to read as follows:

202 Dwelling and Sleeping Units. Chapter 10 contains dwelling unit and sleeping unit criteria for Accessible units, Type A units, Type B units, Type C (Visitable) dwelling units, and units with accessible communication features. The extent to which these technical criteria apply is provided in the scoping provisions of the Minnesota State Building Code. These scoping provisions address the types and numbers of units required to comply with each set of unit criteria.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0203 A117.1 Section 203, Administration

A117.1 Section 203 is deleted in its entirety.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Exceptions:

Buildings not normally occupied shall be permitted to provide an accessible route by means of a ramp.
In addition to the components listed in section 402.2.2, a ramp shall be considered as a component of an exterior accessible route in Groups R-2, R-3, and R-4 occupancies where a slope not steeper than 1:20 is not feasible.

402.2.2 Components within a site. Buildings, facilities, elements, and spaces that are required to be accessible and are on the same site shall be connected by an accessible route consisting of one or more of the following components: walking surfaces with a slope not steeper than 1:20; doors and doorways; curb ramps excluding the flared sides; elevators; and platform lifts.

Exception: Buildings, facilities, elements, and spaces not normally occupied shall be permitted to provide an accessible route by means of a ramp.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0403 A117.1 Section 403, Walking Surfaces

A117.1 section 403.5 is amended to read as follows:

403.5 Clear Width. The clear width of an accessible route shall comply with Section 403.5.1, 403.5.2, 403.5.3, or 403.5.4, as applicable.

403.5.1 General. The clear width of an accessible route shall be 36 inches (915 mm) minimum.

Exception: The clear width shall be permitted to be reduced to 32 inches (815 mm) minimum for a length of 24 inches (610 mm) maximum provided the reduced width segments are separated by segments that are 48 inches (1220 mm) minimum in length and 36 inches (915 mm) minimum in width.

403.5.2 Clear Width at Turn. Where an accessible route makes a 180-degree turn around an object that is less than 48 inches (1220 mm) in width, clear widths shall be 42 inches (1065 mm) minimum approaching the turn, 48 inches (1220 mm) minimum during the turn, and 42 inches (1065 mm) minimum leaving the turn.

Exception: Section 403.5.2 shall not apply where the clear width at the turn is 60 inches (1525 mm) minimum.

403.5.3 Passing Space. An accessible route with a clear width less than 60 inches (1525 mm) shall provide passing spaces at intervals of 200 feet (61 m) maximum. Passing spaces shall be either a 60-inch (1525 mm) minimum by 60-inch (1525 mm) minimum space, or an intersection of two walking surfaces that provide a T-shaped turning space complying with Section 304.3.2, provided the base and arms of the T-shaped space extend 48 inches (1220 mm) minimum beyond the intersection.

403.5.4 Exterior Walking Surfaces. Exterior walking surfaces with a slope not steeper than 1:20 that are part of an accessible route shall be 48 inches (1220 mm) minimum in width.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.106
History: 23 SR 2042; 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0404 A117.1 Section 404, Doors and Doorways

Subpart 1. A117.1 Section 404.3.2, Maneuvering clearances.

A117.1 Section 404.3.2 is amended to read as follows:

404.3.2 Maneuvering Clearances. Maneuvering clearances at power-assisted doors shall comply with Section 404.2.3. Clearances at automatic doors and gates without standby power and serving an accessible means of egress shall comply with Section 404.2.3.

Exception: Automatic doors and gates which remain open in the power-off condition.

Subp. 2. A117.1 Section 404.3.5, Control switches.

A117.1 Section 404.3.5 is amended to read as follows:

404.3.5 Control Switches. Manually operated control switches shall comply with Section 404.3.5.

404.3.5.1 Interior Location. Manually operated control switches at interior locations shall comply with Section 309. The clear floor space adjacent to the control switch shall be located beyond the arc of the door swing.

404.3.5.2 Exterior Location. Manually operated control switches at exterior locations shall comply with Sections 309.2 and 309.4. The clear floor space adjacent to the control switch shall be located beyond the arc of the door swing, be centered on the control switch, and be positioned for a parallel approach to the control switch. Control switches shall have a three-inch (75 mm) minimum dimension measured at at least one point, such as diagonal, diameter, or one side. Control switches shall be mounted 30 inches (760 mm) minimum, measured to the bottom of the control switch, and 36 inches (915 mm) maximum, measured to the top of the control switch, above the finished floor.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1341.0405 [Repealed, 32 SR 9]

[Repealed, 32 SR 9]

Minn. R. 1341.0406 A117.1 Section 406, Curb Ramps and Blended Transitions

A117.1 section 406 is amended to add a section to read as follows:

406.15 Parallel curb ramps. Parallel curb ramps shall comply with Section 406.15.

406.15.1 Landing. A landing 48 inches (1,220 mm) minimum by 48 inches (1,220 mm) minimum shall be provided at the bottom of the curb ramp and shall be permitted to overlap pedestrian routes and clear spaces. Where the landing is constrained on two or more sides, the landing shall be 48 inches (1,220 mm) minimum by 60 inches (1,525 mm) minimum. The 60 inches (1,525 mm) dimension shall be provided in the direction of the pedestrian street crossing. The slope of the landing shall be 1:48 maximum in all directions.

406.15.2 Running slope. The running slope of the curb ramp shall be in-line with the direction of sidewalk travel. The running slope of the curb ramp shall be 1:20 minimum and 1:12 maximum. The curb ramp run length shall not exceed 7 feet (2,134 mm).

406.15.3 Width. The clear width of curb ramp runs at parallel curb ramps shall be 48 inches (1,220 mm) minimum.

History

Statutory Authority: MS s 326B.02
History: 44 SR 537

Minn. R. 1341.0407 A117.1 Section 407, Elevators

Subpart 1. A117.1 Section 407.1, General.

A117.1 Section 407.1 is amended to read as follows:

407.1 General. Elevators shall comply with Section 407 and Minnesota Rules, chapter 1307, Minnesota Elevator and Related Devices Code. Elevators shall be passenger elevators as classified by Minnesota Rules, chapter 1307, Minnesota Elevator and Related Devices Code. Elevator operation shall be automatic. Elevators shall not be attendant or key operated and shall provide unassisted entry and exit from the elevator.

Exception: When approved by the administrative authority, attendant or key operation shall be permitted when all occupants have controlled or restricted access to the space served by the elevator.

Subp. 2. A117.1 Section 407.4.3, Platform to hoistway clearance.

A117.1 Section 407.4.3 is amended to read as follows:

407.4.3 Platform to Hoistway Clearance. The clearance between the car platform sill and the edge of any hoistway landing shall comply with Minnesota Rules, chapter 1307, Minnesota Elevator and Related Devices Code.

Subp. 2a. A117.1 Section 407.4.5, Illumination.

A117.1 section 407.4.5 is amended to read as follows:

407.4.5 Illumination. The level of illumination at the car controls, platform, car threshold, and car landing sill shall comply with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices.

Subp. 3. A117.1 Section 407.4.10, Emergency communications.

A117.1 Section 407.4.10 is amended to read as follows:

407.4.10 Emergency Communications. Emergency two-way communication systems between the elevator car and a point outside the hoistway shall comply with Section 407.4.10 and Minnesota Rules, chapter 1307, Minnesota Elevator and Related Devices Code.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0408 A117.1 Section 408, Limited-Use/Limited-Application Elevators

Subpart 1. A117.1 Section 408.1, General.

A117.1 Section 408.1 is amended to read as follows:

408.1 General. Limited-use/limited-application elevators shall comply with Section 408 and Minnesota Rules, chapter 1307, Minnesota Elevator and Related Devices Code. Elevator operation shall be automatic. Limited-use/limited-application elevators shall not be attendant or key operated and shall provide unassisted entry and exit from the elevator.

Exception: When approved by the administrative authority, attendant or key operation shall be permitted when all occupants have controlled or restricted access to the space served by the elevator.

Subp. 2.

[Repealed, 39 SR 95]

Subp. 3.

[Repealed, 39 SR 95]

Subp. 4. A117.1 Section 408.4.3, Platform and hoistway clearance.

A117.1 section 408.4.3 is amended to read as follows:

408.4.3 Platform to Hoistway Clearance. The clearance between the car platform sill and the edge of any hoistway landing shall comply with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0409 A117.1 Section 409, Private Residence Elevators

A117.1 section 409 is amended to read as follows:

409.1 General. Private residence elevators shall comply with section 409 and Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices. Elevator operation shall be automatic.

Exception: Elevators complying with section 407 or 408 shall not be required to comply with section 409.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 23 SR 2042; 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0410 A117.1 Section 410, Platform Lifts

Subpart 1. A117.1 Section 410.1, General.

A117.1 section 410.1 is amended to read as follows:

410.1 General. Platform lifts shall comply with section 410 and Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices. Platform lifts shall not be attendant or key operated and shall provide unassisted entry and exit from the lift.

Exception: When approved by the administrative authority, attendant or key operation shall be permitted when all occupants have controlled or restricted access to the space served by the lift.

Subp. 2. A117.1 Section 410.5.2, Lifts with doors on adjacent sides.

A117.1 section 410.5.2 is amended by deleting the exception in the section.

Subp. 3.

[Repealed, 39 SR 95]

Subp. 4.

[Repealed, 39 SR 95]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Subp. 2. A117.1 Section 502.4, Access aisle.

A117.1 section 502.4 is amended to read as follows:

502.4 Access Aisle. Car and van parking spaces shall have an adjacent access aisle complying with section 502.4.

502.4.1 Location. Access aisles shall adjoin an accessible route. Two parking spaces shall be permitted to share a common access aisle. Access aisles shall not overlap with the vehicular way. Parking spaces shall be permitted to have access aisles placed on either side of the car or van parking space. Van parking spaces that are angled shall have access aisles located on the passenger side of the parking space.

502.4.2 Width. Access aisles serving car and van parking spaces shall be 96 inches (2440 mm) minimum in width.

502.4.3 Length. Access aisles shall extend the full length of the parking spaces they serve.

502.4.4 Marking. Access aisles shall be marked so as to discourage parking in them and be provided with the designation "no parking." The "no parking" designation shall be provided on a sign centered at the head end of the access aisle a maximum of 96 inches (2440 mm) from the head of the access aisle, and be mounted 60 inches (1525 mm) minimum and 66 inches (1676 mm) maximum above the floor of the access aisle, measured to the bottom of the sign. Where access aisles are marked with lines, the width measurements of access aisles and adjacent parking spaces shall be made from the centerline of the markings.

Exceptions:

A sign indicating no parking shall not be required where the sign would obstruct a curb ramp or pedestrian route. In this case, the no parking designation shall be provided on the surface of the access aisle.
A sign indicating no parking shall not be required where parking spaces and access aisles are enclosed or otherwise protected from the elements. In this case, the no parking designation shall be provided on the surface of the access aisle.
Where access aisles or parking spaces are not adjacent to another access aisle or parking space, measurements shall be permitted to include the full width of the line defining the access aisle or parking space.

Subp. 3. A117.1 Section 502.7, Identification.

A117.1 Section 502.7 is amended to read as follows:

502.7 Identification. Accessible parking spaces shall be identified by signs complying with Minnesota Statutes, section 169.346, and include the International Symbol of Accessibility complying with Section 703.6.3.1. Where all accessible parking spaces do not provide a minimum vertical clearance of 98 inches (2490 mm), signs identifying van parking spaces shall contain the designation "van accessible." Signs shall be centered at the head end of the parking space a maximum of 96 inches (2440 mm) from the head of the parking space, and be mounted 60 inches (1525 mm) minimum and 66 inches (1676 mm) maximum above the floor of the parking space, measured to the bottom of the sign.

Exception: Parallel parking spaces shall have a sign located on the side, at the head end of the parking space.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

A117.1 section 603.2.2, exception 2 is amended to read as follows:

Where the room is intended for individual use, including family or assisted use, and a clear floor space complying with Section 305.3 is provided within the room beyond the arc of the door swing, the door shall not be required to comply with Section 603.2.2.

Subp. 2. Section 603.5, Diaper changing tables.

A117.1 section 603.5 is amended to read as follows:

603.5 Diaper Changing Tables. Diaper changing tables shall comply with sections 309 and 902. Diaper changing tables shall not be located within toilet compartments.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95; 49 SR 532

Minn. R. 1341.0604 A117.1 Section 604, Water Closets and Toilet Compartments

Subpart 1. A117.1 Section 604.3.2, Clearance depth.

A117.1 section 604.3.2 is amended to read as follows:

604.3.2 Clearance depth. The depth of the clearance around the water closet shall be measured perpendicular from the rear wall and comply with section 604.3.2.1 or 604.3.2.2.

604.3.2.1 Overall clearance. The overall clearance around the water closet shall be 78 inches (1980 mm) minimum in depth.

604.3.2.2 Water closet clearance. The depth of the clearance around the water closet shall be 48 inches (1220 mm) minimum plus the depth of the water closet fixture.

Subp. 1a. A117.1 Section 604.3.3, Clearance overlap.

A117.1 section 604.3.3 is amended to read as follows:

604.3.3 Clearance overlap. The required clearance around the water closet shall be permitted to overlap the water closet, associated grab bars, toilet paper and sanitary seat cover dispensers, sanitary napkin receptacles, coat hooks, a shelf measuring 6 inches (150 mm) maximum in depth by 12 inches (305 mm) maximum in width, accessible routes, clear floor space at other fixtures, and the turning space. No other fixtures or obstructions, including protruding towel dispensers or waste receptacles, shall be within the required water closet clearance.

Exception: A diaper changing table shall be permitted on the wall facing the front of the water closet in family or assisted-use toilet rooms and bathing rooms.

Subp. 2. A117.1 Section 604.5.1, Fixed side wall grab bars.

A117.1 section 604.5.1 is amended to read as follows:

604.5.1 Fixed Side Wall Grab Bars. Fixed side wall grab bars shall comply with sections 604.5.1.1 and 604.5.1.2.

604.5.1.1 Horizontal fixed side wall grab bars. Horizontal fixed side wall grab bars shall be 42 inches (1065 mm) minimum in length, located 12 inches (305 mm) maximum from the rear wall and extending 54 inches (1370 mm) minimum from the rear wall.

604.5.1.2 Vertical fixed side wall grab bars. Vertical fixed side wall grab bars shall be 18 inches (455 mm) minimum in length and shall be mounted with the bottom of the bar located 39 inches (990 mm) minimum and 41 inches (1040 mm) maximum above the floor, with the centerline of the bar located 39 inches (990 mm) minimum and 41 inches (1040 mm) maximum from the rear wall.

604.5.1.2.1 Children's use vertical fixed side wall grab bars. Vertical fixed side wall grab bars primarily for children's use shall be 18 inches (455 mm) minimum in length and be mounted with the bottom of the bar located between 21 inches (535 mm) minimum and 30 inches (760 mm) maximum above the floor, with the centerline of the bar located between 34 inches (865 mm) minimum and 36 inches (915 mm) maximum from the rear wall.

Subp. 3. A117.1 Section 604.7, Dispensers.

A117.1 section 604.7 is amended to read as follows:

604.7 Dispensers. Toilet paper dispensers shall comply with section 309.4. Dispensers located above the grab bar shall be recessed and the outlet of the dispenser shall be located within an area 24 inches (610 mm) minimum and 36 inches (915 mm) maximum from the rear wall. Where the dispenser is located below the grab bar, the outlet of the dispenser shall be located within an area 24 inches (610 mm) minimum and 42 inches (1065 mm) maximum from the rear wall. The outlet of the dispenser shall be located 18 inches (455 mm) minimum and 48 inches (1220 mm) maximum above the floor. Dispensers shall comply with section 609.3. Dispensers shall not be of the type that control delivery, or do not allow continuous paper flow.

Subp. 4. A117.1 Section 604.9.2, Size.

A117.1 section 604.9.2 is amended to read as follows:

604.9.2 Size. Toilet compartment clearance shall comply with section 604.3.

Subp. 5. A117.1 Section 604.9.3, Doors.

A117.1 section 604.9.3 is amended to read as follows:

604.9.3 Doors. Toilet compartment doors, including door hardware, shall comply with section 404 unless the approach to the compartment door is to the latch side of the compartment door, then the clearance between the door and any obstruction shall be 42 inches (1065 mm) minimum. The door shall be self-closing. A door pull complying with section 404.2.6 shall be placed on both sides of the door near the latch. Toilet compartment doors shall not swing into the compartment unless a clear floor space complying with section 305.3 is provided within the compartment, beyond the arc of the door swing.

Subp. 6. A117.1 Section 604.10.3, Doors.

A117.1 section 604.10.3 is amended by adding an exception to read as follows:

Exception: Door maneuvering clearance complying with section 404.2.3.2 shall not be required on the compartment side of the door.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0606 A117.1 Section 606.2, Clear Floor Space

A117.1 Section 606.2 is amended by adding an exception to read as follows:

A parallel approach complying with Section 305 shall be permitted to a service sink requiring a deep bowl.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1341.0607 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1341.0608 A117.1 Section 608, Shower Compartments

Subpart 1.

[Repealed, 39 SR 95]

Subp. 2.

[Repealed, 39 SR 95]

Subp. 3.

[Repealed, 39 SR 95]

Subp. 4.

[Repealed, 39 SR 95]

Subp. 5.

[Repealed, 39 SR 95]

Subp. 6.

[Repealed, 39 SR 95]

Subp. 7.

[Repealed, 39 SR 95]

Subp. 8.

[Repealed, 39 SR 95]

Subp. 9. A117.1 Section 608.5, Hand showers.

The exception to A117.1 section 608.5 is amended to read as follows:

608.5 Hand Showers.

Exception: A fixed shower head located 48 inches (1220 mm) maximum above the shower floor shall be permitted in lieu of a hand shower when approved by the administrative authority due to concerns for security or safety.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0609 A117.1 Section 609.4, Position of Grab Bars

A117.1 section 609.4.2 is amended to read as follows:

609.4.2 Position of Children's Grab Bars. At water closets primarily for children's use complying with section 604.11, grab bars shall be installed in a horizontal position 18 inches (455 mm) minimum and 27 inches (685 mm) maximum above the floor measured to the top of the gripping surface.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0610 A117.1 Section 610, Seats

A117.1 section 610.3, Shower compartment seats, is amended by adding an exception to read as follows:

Exception: In standard roll-in type showers exceeding 36 inches (915 mm) in depth, the seat shall not be required to exceed 32 inches (815 mm) in length.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 23 SR 2042; 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Minn. R. 1341.0613 A117.1 Section 613, Adult Changing Stations

A117.1 chapter 6 is amended by adding a section and subsections to read as follows:

SECTION 613

ADULT CHANGING STATIONS

613.1 General. Adult changing stations shall comply with Section 613.2 through 613.4.

613.2 Installation location. Where required, adult changing stations shall be installed in accordance with the locations specified in Section 613.2.1. Where not required but provided, adult changing stations shall be installed in accordance with the locations specified in section 613.2.1 or 613.2.2.

613.2.1 Single-user or family or assisted-use toilet room. Where adult changing stations are required in an accessible toilet room with only one water closet and one lavatory, or in a family or assisted-use toilet room, the room shall provide all of the following components:

A dispenser for soap complying with Section 308.
A hand towel dispenser or hand dryer complying with Table 603.6.
A coat hook located in close proximity to the changing surface.
A waste receptacle.
Signage indicating "Adult Changing Station" provided at the entrance to the room and complying with the tactile and visual character requirements in Section 703.2.
Signage indicating the weight capacity and instructions for operation of the changing station within the room.

613.2.2 Room or space other than a toilet room. Where adult changing stations are provided in a room or space other than a toilet room and including, but not limited to nurses' work areas, therapist work areas, or special education classrooms, the adult changing station shall be located in a compartment or room that includes all of the following components:

Privacy provided by walls, curtains, or partitions.
A turning space complying with Section 304.
A lavatory complying with Section 606 or an alcohol-based hand sanitizer dispenser.
Where a lavatory is provided in the compartment or room, provide a dispenser for soap.
Where a lavatory is provided in the compartment or room, provide a hand towel dispenser or hand dryer complying with Table 603.6.
A waste receptacle.

613.3 Room clearances. An adult changing station and its supporting structure when in the operational position shall not obstruct required clear floor spaces and clearances at accessible elements, maneuvering clearances at doors or at the wheelchair turning spaces.

Exception: The turning spaces shall be permitted to include a toe clearance of 9 inches (227 mm) minimum above the floor and shall extend 6 inches (152 mm) maximum below the table, measured from the finished edge of the table surface when the provided adult changing station is in the lowest operational position.

613.4 Changing surface. A changing surface shall be provided and shall comply with Section 613.4.

613.4.1 Safety and performance. Adult changing stations shall comply with the following safety and performance requirements:

Protect the user from falling from the changing surface along the open long sides by means such as retractable safety rails that comply with section 613.4.5.
Support a weight of not less than 400 lbs. (182 kg) applied to the changing surface.
Be anchored in place in accordance with section 903.6, where the adult changing station is required by section 613.2.1.
Provide a changing surface that is smooth, non-absorbent, and resistant to corrosion.
Where electrical components are provided, they shall comply with the Minnesota Electrical Code.
Where operable controls are provided for adult changing stations required by section 613.2.1, they shall comply with Section 309.4.

613.4.2 Size. The changing surface shall be 70 inches (1778 mm) minimum in length and 30 inches (762 mm) minimum in width.

613.4.3 Height adjustability. The changing surface height shall be adjustable at variable heights from 17 inches (432 mm) minimum to 38 inches (965 mm) maximum above the floor as measured to the top of the changing surface.

Exceptions:

Where the adult changing station is required, a fixed-height changing surface shall be permitted with the approval of the administrative authority in locations where the applicant provides documentation of prior incidents of vandalism. The fixed-height changing surface shall be mounted with the top 19 inches (483 mm) minimum and 23 inches (584 mm) maximum above the floor.
Where the adult changing station is provided but not required by IBC Section 1109.2.4.1, a fixed-height changing surface shall be permitted and shall be mounted with the top of the changing surface 19 inches (483 mm) minimum and 23 inches (584 mm) maximum above the floor.

613.4.4 Clearances. Clearances complying with Sections 613.4.4.1 and 613.4.4.2 shall be provided adjacent to the changing surface, measured when the surface is in the operational position.

613.4.4.1 Side clearance. A 36-inch (914 mm) deep minimum side clearance shall be provided along the open long side of the changing surface.

Exception: In the raised position, the side rail shall be permitted to overlap the side clearance.

613.4.4.2 End clearance. A 36-inch (914 mm) wide minimum end clearance shall be provided along the depth of one end of the changing surface. The width of the end clearance shall extend the depth of the changing surface and the side clearance.

Exceptions:

A 24-inch (610 mm) wide minimum end clearance shall be permitted where a clear floor space complying with Section 305.3 is provided within the room beyond the clearances for the changing surface.
Where installed in locations specified in Section 613.2.2, end clearances complying with Section 613.4.4.2 are not required.

613.4.5 Side rail. Where side rails are provided at the changing surface they shall comply with Sections 613.4.5.1 and 613.4.5.2.

613.4.5.1 Size and location. Side rails shall be a minimum of 2/3 of the length of the changing surface and shall be centered +/- 3 inches (75 mm) along the long open sides of the changing surface.

613.4.5.2 Rail positioning. Side rails shall be capable of being raised and lowered. The side rail shall be fixed in place when in the raised position. The top of the side rail shall extend 5 inches (127 mm) minimum above the top of the changing surface.

History

Statutory Authority: MS s 326B.106
History: 49 SR 532

A117.1 section 805.9 is amended to read as follows:

805.9 Escalators. Where provided, escalators shall comply with Minnesota Rules, chapter 1307, Minnesota Elevators and Related Devices.

Subp. 2.

[Repealed, 39 SR 95]

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

902.1 General. Accessible dining surfaces and work surfaces shall comply with Section 902.

Exceptions:

Dining surfaces and work surfaces primarily for children's use shall be permitted to comply with Section 902.5.
Adult changing surfaces shall not be required to comply with this section.

History

Statutory Authority: MS s 326B.106
History: 49 SR 532

Minn. R. 1341.0904 A117.1 Section 904, Sales and Service Counters

Subpart 1. A117.1 section 904.2, Approach.

A117.1 section 904.2 is amended to read as follows:

904.2 Approach. All portions of counters required to be accessible shall be located where transactions or services are customarily provided and be adjacent to a walking surface complying with Section 403.

Subp. 2. A117.1 section 904.3, Sales and service counters.

A117.1 section 904.3 is amended to read as follows:

904.3 Sales and service counters and windows. Sales and service counters and windows shall comply with Section 904.3.1 and either Section 904.3.2 or 904.3.3. Where counters are provided, the accessible portion of the countertop shall extend the same depth as the public portion of the sales and service countertop provided for standing customers.

Exception: In alterations, when the provision of a counter complying with this section would result in a reduction of the number of existing counters at work stations or a reduction of the number of existing mail boxes, the counter shall be permitted to have a portion which is 24 inches (610 mm) minimum in length complying with Section 904.3.2, provided that the required clear floor space is centered on the accessible length of the counter.

904.3.1 Vertical barriers. At service windows or service counters, any vertical barrier between service personnel and customers shall be at a height of 43 inches (1,090 mm) maximum above the floor.

Exception: Transparent security glazing shall be permitted above the 43 inches (1,090 mm) maximum height.

904.3.2 Parallel approach. A portion of the public use side of the counter surface 36 inches (915 mm) minimum in length and 26 inches (660 mm) minimum to 36 inches (915 mm) maximum in height above the floor shall be provided. A clear floor space positioned for a parallel approach adjacent to the accessible counter shall be provided. The space between the accessible counter surface and any projecting objects above the accessible counter shall be 12 inches (305 mm) minimum.

Exception: Where the counter surface is less than 36 inches (915 mm) in length, the entire counter surface shall be 26 inches (660 mm) minimum to 36 inches (915 mm) maximum in height above the floor.

904.3.3 Forward approach. A portion of the public use side of the counter surface 30 inches (760 mm) minimum in length and 36 inches (915 mm) maximum in height above the floor shall be provided. A clear floor space positioned for a forward approach to the accessible counter shall be provided. Knee and toe clearance complying with Section 306 shall be provided under the accessible counter. The space between the accessible counter surface and any projecting objects above the accessible counter shall be 12 inches (305 mm) minimum.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 39 SR 95; 44 SR 537

History

Statutory Authority: MS s 326B.02
History: 44 SR 537

Minn. R. 1341.1003 [Repealed, 39 SR 95]

[Repealed, 39 SR 95]

Minn. R. 1341.1004 A117.1 Section 1004, Type B Units

Subpart 1. A117.1 Section 1004.4.2, Changes in level.

A117.1 section 1004.4.2 is amended to read as follows:

1004.4.2 Changes in Level. Changes in level shall comply with section 303.

Exception: Where exterior deck, patio, or balcony surface materials are impervious, the finished exterior impervious surface shall be 2 inches (50 mm) maximum below the floor level of the adjacent interior spaces of the unit.

Subp. 2.

[Repealed, 39 SR 95]

Subp. 3. A117.1 Section 1004.11, Toilet and Bathing Facilities.

A117.1 section 1004.11.3.1.3.1, Parallel approach bathtubs, is amended to read as follows:

1004.11.3.1.3.1 Parallel Approach Bathtubs. A clearance 60 inches (1525 mm) minimum in length and 30 inches (760 mm) minimum in width shall be provided in front of bathtubs with a parallel approach. Lavatories complying with section 606 shall be permitted at the control end of the clearance. A lavatory complying with section 1004.11.3.1.1 or a water closet shall be permitted at one end of the bathtub if a clearance 48 inches (1220 mm) minimum in length and 30 inches (760 mm) minimum in width for a parallel approach is provided in front of the bathtub.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.02; 326B.101; 326B.106
History: 32 SR 9; 39 SR 95

Minn. R. 1341.1005 [Renumbered 1341.1006]

[Renumbered 1341.1006]

Minn. R. 1341.1006 A117.1 Section 1006.6.1, Public or Common-Use Interface

A117.1 Section 1006.6.1 is amended to read as follows:

1006.6.1 Public or Common-Use Interface. The public or common-use system interface shall include the capability of supporting voice and TTY communication with the unit interface. When requested to be provided by a unit occupant, the cost of providing the public or common-use component of the voice and TTY interface shall not be borne by the unit occupant.

History

Statutory Authority: MS s 16B.37; 16B.59 to 16B.76; 326B.101 to 326B.194
History: 32 SR 9; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 39 SR 95

Chapter 1346 MINNESOTA MECHANICAL AND FUEL GAS CODES

Minn. R. 1346.0050 Title; Incorporation by Reference

Parts 1346.0050 to 1346.1606 are known and may be cited as the "Minnesota Mechanical Code."

Chapters 2 to 15 of the 2018 edition of the International Mechanical Code ("IMC"), promulgated by the International Code Council, Inc., Washington, DC, are incorporated by reference as part of the Minnesota Mechanical Code except as qualified by the applicable provisions in Minnesota Rules, chapter 1300, and as amended in this chapter. Portions of this chapter reproduce excerpts from the 2018 IMC, International Code Council, Inc., Washington, DC, copyright 2017, reproduced with permission, all rights reserved.

The IMC is not subject to frequent change and a copy of the IMC with amendments for use in Minnesota is available in the office of the commissioner of labor and industry.

Chapters 1 to 10 and 12 to 15 of the 2017 edition of NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, promulgated by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471, are incorporated by reference as part of the Minnesota Mechanical Code as amended in this chapter. As used in this code, "NFPA 96" means the NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations chapters that are incorporated into this code. Portions of this chapter reproduce text and tables from the NFPA 96. The NFPA 96 is copyrighted, 2017, by the National Fire Protection Association. All rights reserved.

The NFPA 96 is not subject to frequent change and a copy of the NFPA 96, with amendments for use in Minnesota, is available in the office of the commissioner of labor and industry.

The 2016 edition of ANSI/ASHRAE 62.2 Ventilation and Acceptable Indoor Air Quality in Residential Buildings, promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle NE, Atlanta, GA 30329, and the American National Standards Institute is incorporated by reference as part of the Minnesota Mechanical Code.

The ASHRAE 62.2 is not subject to frequent change, and a copy of the ASHRAE 62.2 is available in the office of the commissioner of labor and industry.

Chapters 1 to 9 of the 2016 edition of ANSI/ASHRAE 154 Ventilation for Commercial Cooking Operations, promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle NE, Atlanta, GA 30329, and the American National Standards Institute is incorporated by reference as part of the Minnesota Mechanical Code, as amended in this chapter. As used in this code, "ASHRAE 154" means the ANSI/ASHRAE 154 Ventilation for Commercial Cooking Operations chapters that are incorporated into this code.

The ASHRAE 154 is not subject to frequent change, and a copy of the ASHRAE 154 is available in the office of the commissioner of labor and industry.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 15 SR 71; 19 SR 1306; 29 SR 299; L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0060 References to Other International Code Council (icc) Codes

Subpart 1. General.

References to other codes and standards promulgated by the International Code Council in the IMC and IFGC are modified in subparts 2 to 11.

Subp. 2. Building code.

References to the International Building Code mean the Minnesota Building Code, Minnesota Rules, chapter 1305, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 3. Residential code.

References to the International Residential Code mean the Minnesota Residential Code, Minnesota Rules, chapter 1309, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 4. Electrical code.

References to the International Code Council Electrical Code mean the Minnesota Electrical Code, Minnesota Rules, chapter 1315, adopted pursuant to Minnesota Statutes, section 326B.35.

Subp. 5. Fuel gas code.

References to the International Fuel Gas Code mean the Minnesota Fuel Gas Code, Minnesota Rules, parts 1346.5050 to 1346.6014, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 6.

[Repealed, 39 SR 690]

Subp. 7. Plumbing code.

References to the International Plumbing Code mean the Minnesota Plumbing Code, Minnesota Rules, chapter 4714, adopted pursuant to Minnesota Statutes, section 326B.106, subdivisions 1 and 2.

Subp. 8. Private sewage disposal code.

References to the International Private Sewage Disposal Code mean the Minnesota Pollution Control Agency's minimum standards and criteria for individual sewage treatment systems Minnesota Rules, chapter 7080, adopted pursuant to Minnesota Statutes, chapters 103F, 103G, 115, and 116.

Subp. 9. Energy conservation code.

References to the International Energy Conservation Code mean the Minnesota Residential Energy Code, Minnesota Rules, chapter 1322, and the Minnesota Commercial Energy Code, Minnesota Rules, chapter 1323, adopted pursuant to Minnesota Statutes, section 326B.115.

Subp. 10. Property maintenance code.

References to the International Property Maintenance Code are deleted.

Subp. 11. Fire code.

References to the International Fire Code mean the Minnesota State Fire Code, Minnesota Rules, chapter 7511, adopted pursuant to Minnesota Statutes, chapter 299F.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 5 s 32; art 13 s 4; 34 SR 537; 39 SR 690; 40 SR 71

Minn. R. 1346.0101 Scope

This code shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. Fuel gas piping systems, fuel gas utilization equipment and appliances, and related accessories shall be regulated by parts 1346.5050 through 1346.6000.

This code shall also regulate those mechanical systems, system components, equipment, and appliances specifically addressed in the IMC as amended in this chapter. This code shall also regulate process piping installed within, or in conjunction with, buildings or structures. For the purposes of this section, the term "process piping" includes piping or tubing which conveys gas, liquid, or fluidized solids and which is used directly in research, laboratory, or production processes. Process piping and tubing shall be installed in accordance with ASME B31.3, Process Piping Code, or ASME B31.9, Building Services Piping, as applicable. Refer to Minnesota Rules, chapter 1300, for additional administrative provisions of the Minnesota State Building Code. Refer to Minnesota Statutes, section 13.7911, for data classification of biotechnology process piping systems.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.0102 Existing Installations

Except as otherwise provided for in this chapter, a provision in this code shall not require the removal, alteration, or abandonment of, nor prevent the continued utilization and maintenance of, a mechanical system lawfully in existence at the time of the adoption of this code.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0103 Maintenance

Mechanical systems, both existing and new, and parts of those systems, shall be maintained in proper operating condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems. To determine compliance with this provision, the building official shall have the authority to require a mechanical system to be reinspected.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0104 Additions, Alterations, Renovations, or Repairs

Additions, alterations, renovations, or repairs to a mechanical system shall conform to this code for a new mechanical system without requiring the remainder of the existing mechanical system to comply with all of the requirements of this code. Additions, alterations, renovations, or repairs shall not cause an existing mechanical system to become unsafe, hazardous, or overloaded.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0105 Work Exempt from Permit

Work performed under this code shall be exempted from a permit in accordance with Minnesota Rules, chapter 1300.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0106 Required Inspections

The building official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of violations that must be corrected. The holder of the permit shall be responsible for the scheduling of these inspections.

Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks, and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be used.
Rough-in inspection shall be made after the roof, framing, fireblocking, and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes.
Final inspection shall be made upon completion of the mechanical system.

Exception: Ground-source heat pump loop systems tested in accordance with this code shall be permitted to be backfilled prior to inspection.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0107 [Repealed, 34 SR 537]

[Repealed, 34 SR 537]

Minn. R. 1346.0108 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 19 SR 1306; 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0109 Authority to Order Disconnection of Energy Sources

The building official shall have the authority to order disconnection of energy sources supplied to a building, structure, or mechanical system regulated by this code, when it is determined that the mechanical system or any portion of the system has become hazardous or unsafe. Written notice of an order to disconnect service and the causes of the order shall be given within 24 hours to the owner and occupant of the building, structure, or premises, provided, however, that in cases of immediate danger to life or property, the disconnection shall be made immediately without notice. Where energy sources are provided by a public utility, the building official shall immediately notify the serving utility in writing of the issuance of an order to disconnect.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0110 Connection After Order to Disconnect

A person shall not make energy source connections to mechanical systems regulated by this code which have been:

disconnected; or
ordered to be disconnected by the building official; or
the use of which has been ordered to be discontinued by the building official

until the building official authorizes the reconnection and use of such mechanical systems.

When a mechanical system is maintained in violation of this code, and in violation of a notice issued pursuant to this part, the building official shall institute appropriate action to prevent, restrain, correct, or abate the violation.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0201 [Repealed, 19 SR 1306]

[Repealed, 19 SR 1306]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.0202 Section 202 General Definitions

Subpart 1. Section 202; Adding or amending definitions.

IMC section 202 is amended by adding or amending the following definitions:

CODE. For purposes of parts 1346.0050 to 1346.1500, "the code" or "this code" means the Minnesota Mechanical Code.

CLOSED COMBUSTION SOLID FUEL BURNING APPLIANCE. A heat producing appliance that employs a combustion chamber having no openings other than the flue collar, fuel charging door, and adjustable openings provided to control the amount of combustion air that enters the combustion chamber and includes doors with gaskets or flanges that permit tight closure and glass or ceramic panels which must be tightly sealed or gasketed at their frames.

COMMERCIAL COOKING APPLIANCE. An appliance specifically designed to be used in a food-service-establishment kitchen, including but not limited to a restaurant or cafeteria kitchen. Appliances designed for residential use shall be treated as commercial appliances when installed in commercial food-service establishments.

DECORATIVE SOLID FUEL BURNING APPLIANCE. A natural draft appliance, usually a fireplace, intended primarily for viewing of the fire and which may or may not incorporate doors that substantially close off the firebox opening when the appliance is in operation.

EXHAUST SYSTEM. An assembly of connected ducts, plenums, fittings, registers, grilles and hoods, including domestic kitchen exhaust hoods, domestic kitchen and bathroom exhaust fans, clothes dryers, and subslab soil exhaust systems through which air is conducted from the space or spaces and exhausted to the outside atmosphere.

Exception: Central vacuum systems are allowed to exhaust into an attached residential garage.

FAN-ASSISTED APPLIANCE. An appliance equipped with an integral mechanical means to either draw or force products of combustion through the combustion chamber or heat exchanger.

POWER VENT APPLIANCE. An appliance with a venting system which uses a fan or other mechanical means to cause the removal of flue or vent gases under positive static vent pressure.

POWERED MAKEUP AIR. Air which must be brought in from the outdoors by means of a fan to replenish the air expelled by a mechanical exhausting device.

SEALED. Secured with a product meeting UL 181 or equivalent.

SOLID FUEL APPLIANCE. A natural draft appliance that is either a closed combustion solid fuel burning appliance or a decorative solid fuel burning appliance.

Subp. 2. Deleting definitions.

IMC section 202 is amended by deleting the following definitions:

EXTRA-HEAVY-DUTY COOKING APPLIANCE.

HEAVY-DUTY COOKING APPLIANCE.

LIGHT-DUTY COOKING APPLIANCE.

MEDIUM-DUTY COOKING APPLIANCE.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0203 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.0204 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.0301 Section 301 General

IMC section 301.7 is amended to read as follows:

301.7 Listed and labeled. Appliances regulated by this code shall be listed and labeled to an appropriate standard by a nationally recognized testing laboratory which is qualified to evaluate the appliance, unless otherwise approved in accordance with the administrative provisions of the Minnesota State Building Code, Minnesota Rules, chapter 1300. The approval of unlisted appliances shall be based upon engineering evaluation. Unlisted appliances shall be installed with clearances to combustibles in accordance with NFPA 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-burning Appliances; NFPA 31 Standard for the Installation of Oil-burning Equipment; or NFPA 90B Standard for the Installation of Warm Air Heating and Air-Conditioning Systems, as applicable to the unlisted appliances. Unlisted appliances with a fuel input rating of less than 12,500,000 Btu/hr (3,660 kW) shall have fuel trains, controls, and safety devices installed in accordance with Part CF, Combustion Side Control, of ASME CSD-1. Unlisted appliances with a fuel input rating of 12,500,000 Btu/hr (3,660 kW) or greater shall have fuel trains, controls, and safety devices installed in accordance with NFPA 85.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.0302 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.0303 Section 303 Equipment and Appliance Location

IMC section 303.8 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 1085

Minn. R. 1346.0304 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.0306 Section 306 Access and Service Space

Subpart 1. Section 306.5, Mechanical equipment and appliances on roofs or elevated structures.

IMC section 306.5 is amended to read as follows:

306.5 Mechanical equipment and appliances on roofs or elevated structures. Where mechanical equipment or appliances requiring periodic inspection, service, or maintenance are installed on roofs or elevated structures, a permanent stair shall be provided for access.

Exception: A portable ladder may be used for dwellings, replacement equipment and appliances, on existing buildings, and exterior roof access points not exceeding 16 feet (4.9 m) above grade, unless the building official determines that the unique shape of the roof does not allow safe access with a portable ladder.

The permanent stair shall, at a minimum, meet the following:

The stair shall be installed at an angle of not more than 60 degrees measured from the horizontal plane.
The stair shall have flat treads at least 6 inches (152 mm) deep and a clear width of at least 18 inches (457 mm) with equally spaced risers at least 10.5 inches (267 mm) high and not exceeding 14 inches (356 mm).
The stair shall have intermediate landings not exceeding 18 feet (5.5 m) vertically.
Continuous handrails shall be installed on both sides of the stair.
Interior stairs shall terminate at the under side of the roof at a hatch or scuttle of at least 8 square feet (0.74 m2) with a minimum dimension of 20 inches (508 mm).
When a roof access hatch or scuttle is located within 10 feet (3.0 m) of a roof edge, a guard shall be installed in accordance with IMC section 304.11.
Exterior stairs shall terminate at the roof access point or at a level landing of at least 8 square feet (0.74 m2) with a minimum dimension of 20 inches (508 mm). The landing shall have a guard installed in accordance with IMC section 304.11.

306.5.1 Sloped roofs. Where appliances, equipment, fans, or components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, a level platform shall be provided on each side of the appliance to which access is required for service, repair, or maintenance. The platform shall be at least 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend at least 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in Minnesota Rules, chapter 1305.

306.5.2 Electrical requirements. A receptacle outlet shall be provided at or near the equipment or appliance location in accordance with the Minnesota Electrical Code.

306.5.3 Permanent ladders. Where a change in roof elevation greater than 30 inches (762 mm) but not exceeding 16 feet (4.9 m) exists, a permanent ladder shall be provided. The ladder shall be vertical. The ladder must, at a minimum, meet the following:

Width shall be at least 16 inches (406 mm).
Rung spacing shall be a maximum of 14 inches (356 mm).
Toe space shall be at least 6 inches (152 mm).
Side railings shall extend at least 30 inches (762 mm) above the roof or parapet wall.

Subp. 2.

[Renumbered as part of subpart 1]

Subp. 3.

[Renumbered as part of subpart 1]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0307 Section 307 Condensate Disposal

IMC section 307.3 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 1085

Minn. R. 1346.0309 Section 309 Temperature Control

IMC section 309 is amended by adding a section and subsections to read as follows:

309.2 Balancing. All mechanical ventilation and hydronic systems shall be capable of being balanced in accordance with this section.

309.2.1 Mechanical ventilation system balancing. Mechanical ventilation systems shall provide airflow rates within +/-10 percent of design capacities and fan speed shall be adjusted to meet design airflow conditions.

Exception: Speed adjustment is not required for fan motors rated at one horsepower (0.746 kW) or less.

309.2.2 Hydronic system balancing. Hydronic systems shall provide flow rates within +/-10 percent of design capacities and pump impellers shall be trimmed or pump speed shall be adjusted to meet design flow conditions.

Exception: Impeller trimming or speed adjustment is not required for pump motors rated at five horsepower (3.73 kW) or less.

309.2.3 Systems balancing reports. Systems balancing reports shall verify system performance and shall specify that the minimum amount of outdoor air required in IMC chapter 4, as amended, is provided to the ventilation system. Systems balancing reports shall be submitted to the building official upon request.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326.13; 326B.02; 326B.101; 326B.106; 326B.13
History: 15 SR 71; 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.0313 Section 313 Carbon Monoxide Alarms

The IMC is amended by adding a section to read as follows:

313.1 General. Carbon monoxide alarms shall be installed in new and existing rooms containing a fuel-burning appliance that is utilized to control environmental conditions and produces carbon monoxide during operation.

Exceptions:

Rooms containing a boiler that is regulated by Minnesota Rules, chapter 5225, shall be provided with carbon monoxide alarms in accordance with that chapter.
Where the room containing the fuel-burning appliance is located in a building regulated by the International Residential Code, carbon monoxide alarms shall be provided in accordance with Minnesota Rules, chapter 1309.

313.2 Carbon monoxide alarms. Carbon monoxide alarms under section 313.1 shall comply with sections 313.2.1 to 313.2.1.4.

313.2.1 Power source. Carbon monoxide alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source, and when primary power is interrupted, receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than that required for overcurrent protection.

Exceptions:

Where installed in buildings without commercial power, battery-powered carbon monoxide alarms are permitted.
Where installed in the room of an existing building containing a fuel-burning appliance, battery-powered carbon monoxide alarms are permitted.

313.2.1.2 Listings. Carbon monoxide alarms shall be listed in accordance with UL 2034.

313.2.1.3 Combination alarms. Combination carbon monoxide and smoke alarms shall be an acceptable alternative to carbon monoxide alarms. Combination carbon monoxide and smoke alarms shall be listed in accordance with UL 2034 and UL 217.

313.2.1.4 Carbon monoxide detection systems. Carbon monoxide detection systems that comply with NFPA 720 and are listed in accordance with UL 2075 shall be an acceptable alternative to carbon monoxide alarms listed in sections 313.2.1.2 and 313.2.1.3.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 1085

Minn. R. 1346.0401 Section 401 General

Subpart 1. Section 401.2.

IMC section 401.2, Ventilation required, is amended and subsections added to read as follows:

401.2 Ventilation required. Every occupied space other than buildings constructed in accordance with the IRC and Group R-2, R-3, and R-4 occupancies three stories and less in height shall be ventilated by natural means in accordance with section 402 or by mechanical ventilation in accordance with section 403. Ambulatory care facilities and Group I-2 occupancies shall be ventilated by mechanical means in accordance with section 407.

401.2.1 Ventilation in IRC buildings.

Ventilation in buildings constructed in accordance with the IRC shall comply with Minnesota Rules, chapter 1322.

401.2.2 Ventilation in Group R-2, R-3, and R-4 occupancies three stories and less in height. Ventilation in Group R-2, R-3, and R-4 occupancies three stories and less in height shall be provided with a balanced ventilation system and shall comply with the fan efficacy requirements located in Minnesota Rules, chapter 1322, and the ventilation requirements in (1) Minnesota Rules, chapter 1322, or (2) ASHRAE 62.2 Ventilation and Acceptable Indoor Air Quality in Residential Buildings.

401.2.3 Ventilation in Group R-2, R-3, and R-4 occupancies more than three stories in height. Ventilation in Group R-2, R-3, and R-4 occupancies more than three stories in height above grade plane shall comply with ventilation requirements of section 402, section 403, or ASHRAE 62.2 Ventilation and Acceptable Indoor Air Quality in Residential Buildings.

Subp. 2. Section 401.4.

IMC section 401.4 is amended to read as follows:

Air intake openings shall comply with all of the following:

A. Intake openings shall be located a minimum of 10 feet (3,048 mm) from lot lines or buildings on the same lot. Intake openings that front on a street or public way must be located a minimum of 10 feet (3,048 mm) horizontally from the centerline of the street or public way.

B. Mechanical outdoor air intake openings shall be located a minimum of 10 feet (3,048 mm) from any hazardous or noxious contaminant, such as chimneys, plumbing vents, streets, alleys, parking lots, and loading docks, except as specified in item C or section 501.3.1. Outdoor air intake openings shall be permitted to be located less than 10 feet (3,048 mm) horizontally from streets, alleys, parking lots, and loading docks provided that the openings are located not less than 25 feet (7,620 mm) vertically above such locations. Where openings front on a street or public way, the distance shall be measured to the centerline of the street or public way.

C. Intake openings shall be located not less than 3 feet (914 mm) below contaminant sources where such sources are located within 10 feet (3,048 mm) of the opening.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0403 [Repealed, 19 SR 1306]

[Repealed, 19 SR 1306]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 1085

Minn. R. 1346.0404 Section 404 Garages

Subpart 1. Section 404.1.

IMC section 404.1 is amended to read as follows:

404.1 Enclosed parking garages. Mechanical ventilation systems for enclosed parking garages shall operate automatically upon detection of certain gas concentrations. Enclosed parking garages shall be equipped with a carbon monoxide (CO) detector and a nitrogen dioxide (NO2) detector. The mechanical ventilation system shall activate upon detection of a CO level of 25 parts per million (ppm) or greater, a NO2 level of 3 ppm or greater, or both. Such detectors shall be listed in accordance with UL 2075 and installed in accordance with their listing and manufacturers' instructions.

Subp. 2. Section 404.2.

IMC section 404.2 is amended to read as follows:

404.2 Occupied spaces accessory to public garages. Connecting offices, waiting rooms, ticket booths, elevator lobbies, and similar uses that are accessory to a public garage shall be maintained at a positive pressure and shall be provided with ventilation in accordance with IMC section 403.3.

Subp. 3. Section 404.3.

IMC section 404 is amended by adding a subsection 404.3 to read as follows:

404.3 Minimum exhaust. The mechanical ventilation system shall be capable of producing a minimum exhaust rate of 0.75 cfm per square foot (0.0038 m3/s·m2) of floor area.

Subp. 4. Section 404.4.

IMC Section 404.4 is amended by adding a section to read as follows:

404.4 Prohibition of heated commercial parking garages. Commercial parking garages shall comply with the Minnesota Commercial Energy Code, chapter 1323.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 15 SR 71; 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

IMC section 501.3 is amended to read as follows:

501.3 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in IMC section 501.3.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawl space and the exhaust system shall be equipped with a backdraft damper at the point of discharge.

Exception: Commercial cooking recirculating systems.

IMC subsections 501.3.1, 501.3.1.1, and 501.3.2 still apply.

Subp. 2. Section 501.4.

IMC section 501.4 is amended and subsections added to read as follows:

501.4 Pressure equalization. Mechanical exhaust systems shall be sized and operated to remove the quantity of air required by this chapter. If a greater quantity of air is supplied by a mechanical ventilating supply system than is removed by a mechanical exhaust system for a room, adequate means shall be provided for the natural exit of the excess air supplied.

501.4.1 Makeup air in new dwellings. Makeup air quantity for new dwellings shall be determined by using Table 501.4.1 and shall be supplied in accordance with section 501.4.2.

501.4.2 Makeup air supply. Makeup air shall be provided by one of the following methods:

Passive makeup air shall be provided by passive openings according to the following:

1.1 Passive makeup air openings from the outdoors shall be sized according to Table 501.4.2.

1.2 Barometric dampers are prohibited in passive makeup air openings when any atmospherically vented appliance is installed.

1.3 Single passive openings larger than 8 inches (204 mm) diameter, or equivalent, shall be provided with a motorized damper that is electrically interlocked with the largest exhaust system.

Powered makeup air shall be provided if the size of a single opening or multiple openings exceeds 11 inches (280 mm) diameter, or equivalent, when sized according to Table 501.4.2. Powered makeup air shall comply with the following:

2.1 Powered makeup air shall be electrically interlocked with the largest exhaust system.

2.2 Powered makeup air shall be matched to the airflow of the largest exhaust system.

Makeup air shall be provided by a combination of passive openings and powered means according to Table 501.4.2 and the following:

3.1 Passive makeup air openings shall comply with item 1.

3.2 Powered makeup air shall be supplied for the quantity of airflow in excess of the passive makeup air opening provided, and it shall be electrically interlocked with the exhaust system.

501.4.2.1 Makeup air ducts. Makeup air ducts shall be constructed and installed according to IMC chapter 6 and section 501.4.2.

501.4.2.2 Makeup air intake. Makeup air intake openings shall be located to avoid intake of exhaust air in accordance with IMC section 401.4 and IFGC section 503.8, and shall be covered with corrosion resistant screen of not less than 1/4 inch (6.4 mm) mesh. Makeup air intake openings shall be located at least 12 inches (305 mm) above adjoining grade level.

501.4.2.3 Makeup air location. Makeup air requirements of 175 cubic feet per minute (cfm) (0.084 m3/s) and greater shall be introduced to the dwelling in one of the following locations:

In the space containing the vented combustion appliances.
In the space containing the exhaust system.
In a space that is freely communicating with the exhaust system and is approved by the building official.

501.4.2.4 Makeup air termination restriction. A makeup air opening shall not terminate in the return air plenum of a forced air heating system unless it is installed according to the heating appliance manufacturer's installation instructions.

501.4.2.5 Separate makeup air and combustion air openings. When both makeup air and combustion air openings are required, they shall be provided through separate openings to the outdoors, subject to IFGC section 304, to determine requirements for air for combustion and ventilation:

Exception: Combination makeup air and combustion air systems may be approved by the building official where they are reasonably equivalent in terms of health, safety, and durability.

501.4.2.6 Makeup air effectiveness. The makeup air shall not reduce the effectiveness of exhaust systems or performance of vented combustion appliances, and makeup air shall not adversely affect the heating or cooling capability of the mechanical appliances.

501.4.3 Additions, alterations, or installations of mechanical systems in existing dwellings. Makeup air shall be supplied to existing dwellings when any of the following conditions occur:

If a dwelling was constructed after 2003 using the makeup air provisions of section 501.4.2, makeup air quantity shall be determined by using Table 501.4.1 and shall be supplied according to section 501.4.2 when any of the following conditions occur:

1.1 A vented combustion appliance, including a solid fuel appliance, is installed or replaced.

1.2 An exhaust system is installed or replaced.

Exception: If powered makeup air is electrically interlocked and matched to the airflow of the exhaust system, additional makeup air is not required.

If a dwelling was constructed after 1999 using the provisions of the Minnesota Energy Code, Minnesota Rules, chapter 7672, makeup air quantity shall be determined by using Table 501.4.1 and shall be supplied in accordance with section 501.4.2 when any of the following conditions occur:

2.1 A vented combustion appliance, including a solid fuel appliance, is installed or replaced.

2.2 An exhaust system is installed or replaced.

Exception: If powered makeup air is electrically interlocked and matched to the airflow of the exhaust system, additional makeup air is not required.

When a solid fuel appliance is installed in a dwelling constructed during or after 1994 under the Minnesota Energy Code, Minnesota Rules, chapter 7670, makeup air quantity shall be determined by using Table 501.4.1 and shall be supplied according to section 501.4.2.

Exception. If a closed combustion solid fuel burning appliance is installed with combustion air in accordance with the manufacturer's installation instructions, additional makeup air is not required.

When an exhaust system with a rated capacity greater than 300 cfm (0.144 m3/s) is installed in a dwelling constructed during or after 1994 under the Minnesota Energy Code, Minnesota Rules, chapter 7670, makeup air quantity shall be determined by using Table 501.4.3(1) and shall be supplied according to section 501.4.2.

Exception: If powered makeup air is electrically interlocked and matched to the airflow of the exhaust system, additional makeup air is not required.

When an exhaust system with a rated capacity greater than 300 cfm (0.144 m3/s) is installed in a dwelling constructed prior to 1994, makeup air quantity shall be determined by using Table 501.4.3(2) and shall be supplied according to section 501.4.2.

Exception: If powered makeup air is electrically interlocked and matched to the airflow of the exhaust system, additional makeup air is not required.

When a solid fuel appliance is installed in a dwelling constructed prior to 1994, makeup air quantity shall be determined by using Table 501.4.3(3) and shall be supplied according to section 501.4.2.

Exception: If a closed combustion solid fuel burning appliance is installed with combustion air in accordance with the manufacturer's installation instructions, additional makeup air is not required.

Exception: Makeup air is not required in items 1 to 6 when any of the following are demonstrated:

A test is performed according to ASTM Standard E1998-02, Standard Guide for Assessing Depressurization-Induced Backdrafting and Spillage from Vented Combustion Appliances, and documentation is provided that the vented combustion appliances continue to operate within established parameters of the test.
A test approved by the building official verifies proper operation of vented combustion appliances.

Table 501.4.1

Procedure to Determine Makeup Air Quantity for Exhaust Appliances in Dwellings

For Makeup Air Opening Sizing, refer to Table 501.4.2

AUse this column if there are other than fan-assisted or atmospherically vented gas or oil appliances or if there are no combustion appliances.

BUse this column if there is one fan-assisted appliance per venting system. Other than atmospherically vented appliances may also be included.

CUse this column if there is one atmospherically vented (other than fan-assisted) gas or oil appliance per venting system or one solid fuel appliance.

DUse this column if there are multiple atmospherically vented gas or oil appliances using a common vent or if there are atmospherically vented gas or oil appliances and solid fuel appliances.

Table 501.4.2

Makeup Air Opening Sizing Table for New and Existing Dwellings

AUse this column if there are other than fan-assisted or atmospherically vented gas or oil appliances or if there are no combustion appliances.

BUse this column if there is one fan-assisted appliance per venting system. Other than atmospherically vented appliances may also be included.

CUse this column if there is one atmospherically vented (other than fan-assisted) gas or oil appliance per venting system or one solid fuel appliance.

DUse this column if there are multiple atmospherically vented gas or oil appliances using a common vent or if there are atmospherically vented gas or oil appliances and solid fuel appliance(s).

EAn equivalent length of 100 feet of round smooth metal duct is assumed. Subtract 40 feet for the exterior hood and ten feet for each 90-degree elbow to determine the remaining length of straight duct allowable.

FIf flexible duct is used, increase the duct diameter by one inch. Flexible duct shall be stretched with minimal sags.

GBarometric dampers are prohibited in passive makeup air openings when any atmospherically vented appliance is installed.

HPowered makeup air shall be electrically interlocked with the largest exhaust system.

Table 501.4.3(1)

Procedure to Determine Makeup Air Quantity for Exhaust Appliances in Existing Dwellings

(Refer to item 4 in section 501.4.3 to determine applicability of this table)

For Makeup Air Opening Sizing, refer to Table 501.4.2

AUse this column if there are other than fan-assisted or atmospherically vented gas or oil appliances or if there are no combustion appliances.

BUse this column if there is one fan-assisted appliance per venting system. Other than atmospherically vented appliances may also be included.

CUse this column if there is one atmospherically vented (other than fan-assisted) gas or oil appliance per venting system or one solid fuel appliance.

DUse this column if there are multiple atmospherically vented gas or oil appliances using a common vent or if there are atmospherically vented gas or oil appliances and solid fuel appliances.

Table 501.4.3(2)

Procedure to Determine Makeup Air Quantity for Exhaust Appliances in Existing Dwellings

(Refer to item 5 in section 501.4.3 to determine applicability of this table)

For Makeup Air Opening Sizing, refer to Table 501.4.2

AUse this column if there are other than fan-assisted or atmospherically vented gas or oil appliances or if there are no combustion appliances.

BUse this column if there is one fan-assisted appliance per venting system. Other than atmospherically vented appliances may also be included.

CUse this column if there is one atmospherically vented (other than fan-assisted) gas or oil appliance per venting system or one solid fuel appliance.

DUse this column if there are multiple atmospherically vented gas or oil appliances using a common vent or if there are atmospherically vented gas or oil appliances and solid fuel appliances.

EAs an alternative, the Estimated House Infiltration may be calculated by performing a blower door test and multiplying the conversion factor by the CFM50 value.

Table 501.4.3(3)

Procedure to Determine Makeup Air Quantity for Exhaust Appliances in Existing Dwellings

(Refer to item 6 in section 501.4.3 to determine applicability of this table)

For Makeup Air Opening Sizing, refer to Table 501.4.2

AUse this column if there are other than fan-assisted or atmospherically vented gas or oil appliances or if there are no combustion appliances.

BUse this column if there is one fan-assisted appliance per venting system. Other than atmospherically vented appliances may also be included.

CUse this column if there is one atmospherically vented (other than fan-assisted) gas or oil appliance per venting system or one solid fuel appliance.

DUse this column if there are multiple atmospherically vented gas or oil appliances using a common vent or if there are atmospherically vented gas or oil appliances and solid fuel appliances.

EAs an alternative, the Estimated House Infiltration may be calculated by performing a blower door test and multiplying the conversion factor by the CFM50 value.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 1 s 1; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0502 Required Systems

IMC section 502.14 is amended by adding exception 4 to read as follows:

A source capture system is not required for any engine repair stall having an exhaust pipe extension duct less than 10 feet (3048 mm) in length, connected directly to the motor vehicle exhaust system and discharging directly to the outside of the building.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 690

Minn. R. 1346.0504 [Repealed, 39 SR 690]

[Repealed, 39 SR 690]

Minn. R. 1346.0505 Section 505 Domestic Kitchen Exhaust Appliances

IMC section 505.2 is amended to read as follows:

505.2 Domestic cooking exhaust. Where domestic cooking exhaust equipment is provided, it shall comply with the following as applicable:

The fan for overhead range hoods and downdraft exhaust equipment not integral with the cooking appliance shall be listed and labeled in accordance with UL 507.
Overhead range hoods and downdraft exhaust equipment with integral fans shall comply with UL 507.
Domestic cooking appliances with integral downdraft exhaust equipment shall be listed and labeled in accordance with UL 858 or ANSI Z21.1.
Microwave ovens with integral exhaust for installation over the cooking surface shall be listed and labeled in accordance with UL 923.
Domestic kitchen exhaust hoods ducted to the outdoors shall have makeup air provided according to Minnesota Rules, part 1346.0501. Refer to Minnesota Rules, part 1346.6010 for Table C-1, "Recommended Capacities for Domestic Kitchen Exhaust Hoods."

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0506 Section 506 Commercial Kitchen Hood Ventilation System Ducts and Exhaust Equipment

Subpart 1. Section 506.3.

IMC section 506.3 and all subsections are deleted in their entirety and replaced with the following:

506.3 Ducts serving Type I hoods. Commercial kitchen exhaust systems serving Type I hoods shall be designed, constructed and installed in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations and ASHRAE 154 Ventilation for Commercial Cooking Operations.

Subp. 2. Section 506.4.

IMC section 506.4 is amended and a subsection added to read as follows:

506.4 Ducts serving Type II hoods. Commercial kitchen exhaust systems serving Type II hoods shall comply with sections 506.4.1 and 506.4.2 and ASHRAE 154.

506.4.1 Ducts. Ducts and plenums serving Type II hoods shall be constructed of rigid metallic materials. Duct construction, installation, bracing, and supports shall comply with chapter 6. Ducts subject to positive pressure or conveying moisture-laden air, or both, and ducts conveying waste-heat-laden air shall be tested pursuant to section 506.4.1.1.

506.4.1.1 Testing. Ducts shall be tested in accordance with ASHRAE 154 requirements for duct leakage testing.

506.4.2 Type II terminations. Exhaust outlets serving Type II hoods shall terminate in accordance with the hood manufacturer's installation instructions and shall comply with all of the following:

Exhaust outlets shall terminate not less than three feet (914 mm) in any direction from openings into the building.
Outlets shall terminate not less than ten feet (3,048 mm) from property lines or buildings on the same lot.
Outlets shall terminate not less than ten feet (3,048 mm) above grade.
Outlets that terminate above a roof shall terminate not less than 30 inches (762 mm) above the roof surface.
Outlets shall terminate not less than 30 inches (762 mm) from exterior vertical walls.
Outlets shall be protected against local weather conditions.
Outlets shall not be directed onto walkways.
Outlets shall meet the provisions for exterior wall opening protectives in accordance with the International Building Code.

Subp. 2a. Section 506.5.

IMC section 506.5 and all subsections are deleted in their entirety. Exhaust equipment shall comply with NFPA 96 and ASHRAE 154.

Subp. 2b.

[Repealed, 44 SR 1085]

Subp. 3.

[Repealed, 44 SR 1085]

Subp. 4.

[Repealed, 44 SR 1085]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0507 Section 507 Commercial Kitchen Hoods

Subpart 1. Section 507.1.

IMC section 507.1 and all subsections are deleted in their entirety and replaced with the following:

507.1 General. Commercial kitchen exhaust hoods shall comply with the requirements of this section.

507.1.1 Type I hood construction and installation. Type I hood construction and installation shall comply with NFPA 96 and ASHRAE 154.

507.1.2 Type II hood construction and installation. Type II hood construction and installation shall comply with this code and ASHRAE 154.

507.1.2.1 Type II hood materials. Type II hood materials shall be constructed of stainless steel not less than 0.024 inch (0.61 mm) (No. 24 Gage) in thickness, copper sheets weighing not less than 24 ounces per square foot (7.3 kg/m2), or of other approved material and gage.

Subp. 2. Sections 507.2 to 507.6.1.

IMC sections 507.2 to 507.6.1 are deleted in their entirety and replaced with NFPA 96 and ASHRAE 154.

Subp. 3.

[Repealed, 34 SR 537]

Subp. 4.

[Repealed, 39 SR 690]

Subp. 5.

[Repealed, 34 SR 537]

Subp. 6.

[Repealed, 44 SR 1085]

Subp. 7.

[Repealed, 44 SR 1085]

Subp. 8.

[Repealed, 44 SR 1085]

Subp. 9.

[Repealed, 44 SR 1085]

Subp. 10.

[Repealed, 44 SR 1085]

Subp. 11.

[Repealed, 34 SR 537]

Subp. 12.

[Repealed, 44 SR 1085]

Subp. 13.

[Repealed, 34 SR 537]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0508 Section 508 Commercial Kitchen Makeup Air

Subpart 1. Section 508.1.

IMC section 508.1 is amended to read as follows:

508.1 Makeup air. Makeup air shall be supplied during the operation of commercial kitchen exhaust systems that are provided for commercial kitchen appliances. The amount of makeup air supplied to the building from all sources shall be approximately equal to the exhaust air for all exhaust systems for the building. The makeup air shall not reduce the effectiveness of the exhaust system. Makeup air shall be provided by mechanical means and the exhaust and makeup air systems shall be electrically interlocked to ensure that makeup air is provided whenever the exhaust system is in operation. Makeup air intake openings shall comply with IMC section 401.4.

508.1.1 Makeup air temperature. Makeup air shall be not less than 50°F (10°C), measured at the flow of air from the supply diffuser into the space.

508.1.2 Makeup and ventilation air distribution. Makeup and ventilation air supply diffusers located within 12 feet (3.7 m) of an exhaust hood shall be directed away from the hood.

Exception: Perimeter perforated supply plenums installed in accordance with the manufacturer's installation instructions.

Subp. 2. Section 508.2.

IMC section 508.2 is deleted in its entirety. Compensating hoods shall comply with NFPA 96 and ASHRAE 154.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0510 Section 510 Hazardous Exhaust Systems

Subpart 1. Section 510.1.

IMC section 510.1 is amended by adding an exception to the end of this section as follows:

Exception: Other than IMC sections 510.4 and 510.7, this section shall not apply to laboratory ventilation systems that comply with NFPA 45.

Subp. 2.

[Repealed, 34 SR 537]

Subp. 3.

[Repealed, 34 SR 537]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.0512 Section 512 Subslab Soil Exhaust Systems

IMC section 512.1, General, is amended by adding an exception to the end of this section as follows:

Exception: For radon gas control in residential occupancies, see Minnesota Rules, parts 1303.2400 to 1303.2403.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 690

Minn. R. 1346.0601 [Repealed, 44 SR 1085]

[Repealed, 44 SR 1085]

Minn. R. 1346.0602 Section 602 Plenums

IMC section 602.2.1 is amended by adding a subsection to read as follows:

Section 602.2.1.9. Piping in plenums. Piping carrying flammable or combustible gases or liquids in a plenum must have all connections made by welding or brazing. No flanges, valves, threaded fittings, unions, or connectors are permitted.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 34 SR 537; 44 SR 1085

Minn. R. 1346.0603 Section 603 Duct Construction and Installation

Subpart 1.

[Repealed, 34 SR 537]

Subp. 2.

[Repealed, 44 SR 1085]

Subp. 2a.

[Repealed, 44 SR 1085]

Subp. 3.

[Repealed, 44 SR 1085]

Subp. 4.

[Repealed, 44 SR 1085]

Subp. 5.

[Repealed, 44 SR 1085]

Subp. 6.

[Repealed, 44 SR 1085]

Subp. 7.

[Repealed, 44 SR 1085]

Subp. 8. Section 603.8.

IMC Section 603.8 is amended by adding a subsection to read as follows:

603.8.4 Drainage and insulation.

Underground ducts shall be insulated in accordance with amended IMC Section 604.1 and provided with drain tile around the perimeter of the duct system to prevent water intrusion. The top of the drain tile shall be installed at an elevation lower than the bottom of the underground duct system. The building official may approve an alternate drainage system if soil conditions are adequate.

Subp. 9.

[Repealed, 44 SR 1085]

Subp. 10. Section 603.18.

IMC section 603.18 is amended by adding a subsection to read as follows:

603.18.3 Adjustment of volume dampers. Volume dampers shall be adjusted to the required airflow of the system and locked in place. In finished or inaccessible locations, a friction-type register box may be used.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 15 SR 71; 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0604 Section 604 Insulation

Subpart 1. Section 604.1.

IMC section 604.1 is amended to read as follows:

604.1 General. Duct insulation shall conform to the requirements in Minnesota Rules, chapter 1322 or 1323, as applicable.

Subp. 2. Section 604.3.

IMC section 604.3 is amended to read as follows:

604.3 Coverings and linings. Coverings and linings, including adhesives where used, shall have a flame-spread index of not more than 25 and a smoke-developed index of not more than 50, when tested in accordance with ASTM E84 or UL 723, using the specimen preparation and mounting procedures of ASTM E2231. Duct coverings and linings shall not flame, glow, smolder, or smoke when tested in accordance with ASTM C411 at the temperature to which they are exposed in service. The test temperature shall not fall below 250°F (121°C). Coverings and linings shall be listed and labeled.

Exception: Spray polyurethane foam without additional ignition barrier or thermal barrier protection shall be permitted as a duct covering where duct construction in compliance with Table 603.4 is installed in a floor assembly over an unconditioned space in IRC-1, IRC-2, or IRC-3 occupancies, as defined in Minnesota Rules, part 1300.0070, subpart 12b, provided the spray polyurethane foam meets all of the following requirements:

Spray polyurethane foam shall have a medium density classification (2 lbs./cubic ft., closed cell foam);
Spray polyurethane foam shall have an R-value of not less than R-8; and
Spray polyurethane foam shall have a flame-spread index of 25 or less and a smoke-developed index of 450 or less when tested in accordance with ASTM E84 or UL 723.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 15 SR 71; 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.0605 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.0606 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.0607 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 690

Subp. 2.

[Repealed, 34 SR 537]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.0906 [Repealed, 19 SR 1306]

[Repealed, 19 SR 1306]

Minn. R. 1346.0913 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.1001 Section 1001 General

Subpart 1. Section 1001.1.

IMC section 1001.1 is amended as follows:

1001.1 Scope. This chapter shall govern the installation, alteration, and repair of boilers, water heaters, and pressure vessels.

Exceptions:

Pressure vessels used for unheated water supply.
Portable unfired pressure vessels and Interstate Commerce Commission containers.
Containers for bulk oxygen and medical gas.
Unfired pressure vessels having a volume of 5 cubic feet (0.14 m3) or less operating at pressures not exceeding 250 pounds per square inch (psi) (1724 kPa) and located within occupancies of Groups B, F, H, M, R, S, and U.
Pressure vessels used in refrigeration systems that are regulated by IMC chapter 11.
Pressure tanks used in conjunction with coaxial cables, telephone cables, power cables, and other similar humidity control systems.
Any boiler pressure vessel under the direct jurisdiction of the United States.

Subp. 1a. Section 1001.2.

IMC section 1001 is amended by adding a section to read as follows:

1001.2 Scope; boilers; labor and industry. Anyone who installs a boiler must ensure that the boiler is inspected by the Department of Labor and Industry after installation is complete and before the boiler is placed in operation if the individual or combined Btu input exceeds:

A. 100,000 Btu/hr for steam boilers;

B. 500,000 Btu/hr for hot water supply boilers; or

C. 750,000 Btu/hr for hot water heating boilers. Boilers utilizing fuel gas systems with Btu/hr inputs that are rated at or below items A to C shall comply with section 631 of the 2012 IFGC. Exceptions: Boilers identified in Minnesota Statutes, section 326B.988, including the following, are not subject to this section: 1. Boilers in buildings occupied solely for residential purposes with accommodations for not more than five families. 2. Boilers under the direct jurisdiction of the United States. 3. Boilers located on farms used solely for agricultural or horticultural purposes; for the purposes of this subpart, boilers used for mint oil extraction are considered used for agricultural or horticultural purposes, provided that the owner or lessee complies with the inspection requirements contained in Minnesota Statutes, section 326B.958.

Subp. 1b. Section 1001.3.

IMC section 1001 is amended by adding a section to read as follows:

1001.3 Scope; pressure vessels; labor and industry. The owner of a pressure vessel not specifically exempted by Minnesota Statutes, section 326B.988, must ensure that the pressure vessel is inspected by an insurance company authorized to do business in the state or the Department of Labor and Industry at least every two years.

Exceptions: Pressure vessels identified in Minnesota Statutes, section 326B.988, including the following, are not subject to this subpart:

Pressure vessels in buildings occupied solely for residential purposes with accommodations for not more than five families.
Pressure vessels under the direct jurisdiction of the United States.
Pressure vessels located on farms used solely for agricultural or horticultural purposes; for the purposes of this section, boilers used for mint oil extraction are considered used for agricultural or horticultural purposes, provided that the owner or lessee complies with the inspection requirements contained in Minnesota Statutes, section 326B.958.

Subp. 2. High-pressure piping for boilers.

Pursuant to Minnesota Rules, chapter 5230, and Minnesota Statutes, sections 326B.90 to 326B.925, high-pressure piping for boilers shall be regulated by the Department of Labor and Industry for the following operating conditions:

A. Steam systems operating over 15 psi; or

B. Hot water or other heating medium operating over 30 psi and 250° F.

Subp. 3.

[Repealed, 39 SR 690]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 9 s 27; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.1002 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.1003 [Repealed, 44 SR 1085]

[Repealed, 44 SR 1085]

Minn. R. 1346.1004 Section 1004 Boilers

Subpart 1. Section 1004.1.

IMC section 1004.1 is amended to read as follows:

1004.1 Standards. Oil-fired boilers and their control systems shall be listed and labeled in accordance with UL 726 or shall utilize burner assemblies and control systems listed and labeled in accordance with UL 296 and shall be installed in accordance with NFPA 31 and the manufacturer's installation instructions. Electric boilers and their control systems shall be listed and labeled in accordance with UL 834. Boilers with an input rating above 400,000 Btu/hr (3,660 kW) shall be designed and constructed in accordance with the standards referenced in Minnesota Statutes, section 326B.964, as applicable.

Subp. 2. Section 1004.2.

IMC section 1004.2 is amended to read as follows:

1004.2 Installation. In addition to the requirements of this code, the installation of boilers shall conform to the manufacturer's instructions. Operating instructions of a permanent type shall be attached to the boiler. Boilers shall have all controls set, adjusted, and tested by the installer in accordance with Minnesota Rules, parts 1346.1601 to 1346.1606. A complete control diagram together with complete boiler instructions shall be furnished by the installer. The manufacturer's rating data and the nameplate shall be attached to the boiler.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 19 SR 1306; 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.1005 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.1006 Section 1006 Safety and Pressure Relief Valves and Controls

Subpart 1. Section 1006.4.

IMC section 1006.4 is amended to read as follows:

1006.4 Approval of safety and safety relief valves. Safety and safety relief valves shall meet the requirements of Section I, IV or VIII of the ASME Boiler and Pressure Vessel Code, as applicable. All boilers and pressure vessels shall have a safety relief valve stamped with the ASME code symbol and shall be set no higher than the maximum allowable working pressure of the pressure vessel. Safety relief valves shall have a rated volumetric capacity greater than the boiler or pressure vessel can produce at nameplate pressure and shall have a nonadjustable pressure set point below the rating of the boiler or pressure vessel capable of relieving all excess pressure at its pressure set point. Safety and safety relief valves shall have a manual method to test the valve, without endangering the operator, to ensure proper mechanical operation of the valve.

Subp. 2. Section 1006.6.

IMC Section 1006.6 is amended to read as follows:

1006.6 Safety and relief valve discharge. Safety and relief valve discharge pipes shall be of rigid pipe that is approved for the temperature and pressure of the system. The discharge pipe shall be no smaller than the diameter of the safety or relief valve outlet and the discharge end shall be reamed and unthreaded. Safety and relief valves shall not discharge so as to be a hazard, a potential cause of damage, or otherwise a nuisance and shall terminate within 18 inches of the floor. High-pressure steam safety valves shall be vented to the outside of the structure in accordance with Minnesota Rules, parts 5225.4100 and 5230.0990 on boilers, pressure vessels, and high-pressure piping under the jurisdiction of the Department of Labor and Industry, as applicable. Where a low-pressure safety valve or a relief valve discharges to the drainage system, the installation shall conform to the Minnesota Plumbing Code, Minnesota Rules, chapter 4714.

Subp. 3. Section 1006.9.

IMC section 1006 is amended by adding a section to read as follows:

1006.9 Boiler shutdown switch. A manually operated remote shutdown switch shall be located as required by ASME CSD-1.

Exception: A single hot water boiler with a rated input of less than 400,000 Btu/hr (117 kW).

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 40 SR 71

Minn. R. 1346.1007 Section 1007 Boiler Low-Water Cutoff

Subpart 1. Section 1007.1.

IMC section 1007.1 is amended to read as follows:

1007.1 General. Steam and hot water boilers shall be protected with a low-water fuel cutoff control to stop the combustion operation when the water level drops below the lowest safe permissible water level in accordance with the following items:

An automatically fired hot water boiler or group of boilers piped together having a rated input of 400,000 Btu/hr (117 kW) or above shall be equipped with an automatic low-water fuel cutoff to stop the combustion operation before the water level drops below the lowest safe permissible water level established by the boiler manufacturer.
A boiler installed at an elevation where all radiation in the system is below the lowest safe permissible water level shall be equipped with an automatic low-water fuel cutoff to stop the combustion operation when the water level drops below the lowest safe permissible water level established by the boiler manufacturer.
A low-water fuel cutoff shall be installed when recommended by the manufacturer's installation instructions or listing and when special consideration and installations will require a low-water fuel cutoff to protect a hot water or steam boiler.
A means shall be provided for testing the operation of the low-water fuel cutoff without requiring the entire system to be drained.
A watertube or coil-type boiler requiring forced circulation to prevent overheating of the tubes or coils shall have a flow-sensing device installed, in lieu of the low-water fuel cutoff, to automatically stop the combustion operation when the circulating flow is interrupted.

Subp. 2.

[Repealed, 34 SR 537]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.1011 Section 1011 Tests

IMC section 1011.1 is amended to read as follows:

1011.1 Tests. Upon completion of the assembly and installation of boilers and pressure vessels, acceptance tests shall be conducted in accordance with the requirements of the Minnesota Statutes, sections 326B.958 and 326B.966. Where field assembly of pressure vessels or boilers is required, a copy of the completed Manufacturer's Data Report required by the ASME Boiler and Pressure Vessel Code shall be submitted to the building official.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.1101 Section 1101 General

IMC section 1101.1 is amended by adding an exception to read as follows:

Exception: For all ammonia refrigeration systems, refer to Minnesota Rules, chapter 5230.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 690

Minn. R. 1346.1104 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.1107 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.1204 [Repealed, 39 SR 690]

[Repealed, 39 SR 690]

Minn. R. 1346.1205 Section 1205 Valves

IMC Section 1205.1.6 is amended to read as follows:

1205.1.6 Expansion tanks. Shutoff valves shall be installed at connections to nondiaphragm-type expansion tanks. The pipe between the boilers or mains and the expansion tank shall be a minimum of 1/2" nominal size. The valve between boilers or mains and an expansion tank shall have permanently attached thereto a metal tag that contains the following language stamped or etched thereon: "This valve must be open at all times, except when draining expansion tank."

History

Statutory Authority: MS s 326B.101; 326B.106; 326B.13
History: 34 SR 537

Minn. R. 1346.1206 Section 1206 Piping Installation

Subpart 1. Section 1206.1.1.

IMC Section 1206.1.1 is amended to read as follows:

1206.1.1 Prohibited tee applications. Fluid in the supply side of a hydronic system shall not enter a tee fitting through the branch opening. Fluid from two returns shall not enter on the run of the same tee.

Subp. 2.

[Repealed, 44 SR 1085]

Subp. 3. Section 1206.12.

IMC Section 1206 is amended by adding a new subsection to the end of the section to read as follows:

1206.12 Draining and venting. Hydronic pipes shall be installed so that the pipes can be drained and so that air can be completely removed from the system during filling.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 34 SR 537; 44 SR 1085

Minn. R. 1346.1207 [Repealed, 29 SR 299]

[Repealed, 29 SR 299]

Minn. R. 1346.1500 Chapter 15, Referenced Standards

Subpart 1.

[Repealed, 39 SR 690]

Subp. 2. Supplemental standards.

The standards listed in this part shall supplement the list of referenced standards in chapter 15 of the 2018 IMC. The standards referenced in this rule shall be considered part of the requirements of this rule to the extent prescribed in each rule or reference.

A. ASHRAE 62.2-2016 Ventilation and Acceptable Indoor Air Quality in Residential Buildings.

B. ASHRAE 154-2016 Ventilation for Commercial Cooking Operations;

C. ASME BPVC-2007 (Sections I, II, IV, V, VIII & IX) Boiler and Pressure Vessel Code;

D. ASME B31.3-2016 Process Piping Code;

E. ASTM E1998-02 2014 Standard Guide for Assessing Depressurization-Induced Backdrafting and Spillage from Vented Combustion Appliances;

F. NFPA 96-2017 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations;

G. NFPA 85-2015 Boiler and Combustion Systems Hazards Code;

H. NFPA 45-2015 Standard on Fire Protection for Laboratories Using Chemicals;

I. NFPA 90B-2018 Standard for the Installation of Warm Air Heating and Air-Conditioning Systems;

J. NFPA 54-2018 National Fuel Gas Code;

K. UL 217; and

L. UL 2034.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 36 SR 1479; 39 SR 690; 44 SR 1085

1601.1 General. Chapter 16 governs the installation, testing, or repair of: oil or liquid fuel burners, oil or liquid fuel burning systems, oil or liquid fuel burning equipment, and the oil or liquid fuel piping systems installed within, or in conjunction with, buildings or structures. The requirements of this chapter shall apply to the following equipment:

Equipment utilized to provide control of environmental conditions.

Exception: Equipment and appliances listed and labeled to an appropriate standard by a nationally recognized testing laboratory, which is qualified to evaluate the equipment or appliance, when installed and tested according to the manufacturer's installation instructions.

Equipment with a fuel input of 1,000,000 Btu/hr or greater.
Unlisted equipment.
Miscellaneous equipment when required by the building official.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.1602 Section 1602 Equipment Placement

The IMC is amended by adding a section to read as follows:

SECTION 1602

EQUIPMENT PLACEMENT

1602.1 Placing equipment in operation. After completion of all installations, the installer shall test all safety and operating controls and venting before placing the burner in service. The correct input of liquid fuel shall be determined and the fuel-to-air ratio set. Each oil or liquid fuel burner shall be adjusted to its proper input according to the manufacturer's instructions. Overrating the burners or the appliance is prohibited. The input range shall be appropriate to the appliance.

For conversion burners installed in hot water (liquid) boilers or warm air furnaces, the rate of flow of the oil or liquid fuel in Btu/h shall be adjusted to within plus or minus five percent of the design load, and not to exceed the design rate of the appliance.
For conversion burners installed in steam boilers, the oil or liquid fuel hourly input demand shall be adjusted to meet the steam load requirements. The oil or liquid fuel input demand necessitated by an oversized boiler shall be established and added to the input demand for load requirements to arrive at a total input demand.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.1603 Section 1603 Pilot Operation

The IMC is amended by adding a section to read as follows:

SECTION 1603

PILOT OPERATION

1603.1 Pilot operation. Igniter or pilot flames shall be effective to ignite the oil or liquid fuel at the main burner or burners and shall be adequately protected from drafts. Pilot flames shall not become extinguished during the pilot cycle when the main burner or burners are turned on or off in a normal manner either manually or by automatic controls.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.1604 Section 1604 Burner Operation

The IMC is amended by adding a section to read as follows:

SECTION 1604

BURNER OPERATION

1604.1 Burner operation. In making tests to determine compliance with the requirements of this section, care shall be exercised to prevent the accumulation of unburned liquid fuel in the appliance that might result in an explosion or fire.

The flames from the burner shall freely ignite the liquid fuel when operating at the lowest firing position.
Burner flames shall not flash back when the liquid fuel is turned on or off by an automatic control mechanism.
Main burner flames shall ignite freely from the pilot when the pilot flame is reduced to a minimum point that will actuate the pilot safety device.
When ignition is made in a normal manner, the flame shall not flash outside the appliance.
Burners shall not expel liquid fuel through air openings when operating at prevailing pressure.
Burners shall have a proper liquid fuel air mixture to insure smooth ignition of the main burner.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.1605 Section 1605 Test Methods

The IMC is amended by adding a section to read as follows:

SECTION 1605

TEST METHODS

1605.1 Method of test.

Operational checking. The flue gas, venting, safety, and operating controls of the appliance shall be checked to ensure proper and safe operation.
Method of test - atmospheric type/induced draft type/fan assisted types. The appliance shall be allowed to operate until the stack temperature becomes stabilized after which a sample of the undiluted flue products shall be taken from the appliance flue outlet. The sample taken shall be analyzed for carbon monoxide, carbon dioxide, and oxygen. Stack temperature shall be noted.

Note: Appliance designs incorporating induced draft assemblies may require a flue gas sample to be taken after the draft regulator or induced draft fan.

Performance standards for atmospheric type.

a. Minimum of 75 percent efficiency as determined by flue gas analysis method at appliance flue outlet.

b. Carbon monoxide concentration in flue gas not greater than 0.04 percent.

c. Stack temperature not greater than 700°F (371°C), plus ambient.

d. Carbon dioxide concentration between 8 and 13 percent, inclusive.

e. Oxygen concentration between 4 and 10 percent.

f. Smoke test no higher than #2 for light oils, or #4 for oils heavier than #4.

g. Draft shall be in accordance with burner manufacturer's specifications.

3a. Performance standards for induced draft type/fan assisted types.

a. Minimum of 75 percent efficiency as determined by flue gas analysis method at appliance flue outlet.

b. Carbon monoxide concentration in flue gas not greater than 0.04 percent.

c. Stack temperature not greater than 700°F (371°C), plus ambient.

d. Carbon dioxide concentration between 8 and 13 percent, inclusive.

e. Oxygen concentration between 4 and 10 percent, inclusive.

f. Smoke test no higher than #2 for light oils, or #4 for oils heavier than #4.

g. Draft shall be in accordance with burner manufacturer's specifications.

Note: Induced draft and fan assisted types of appliances may require a sample to be taken after the induced draft fan, which may cause oxygen figures in excess of the limits stated. In such cases, safe liquid fuel combustion ratios shall be maintained and be consistent with appliance listing.

Method of test - power type. The appliance shall be allowed to operate until the stack temperature becomes stabilized after which a sample of the undiluted flue products shall be taken from the appliance flue outlet. The sample shall be analyzed for carbon monoxide, carbon dioxide, and oxygen. Stack temperature shall be recorded.
Performance standards for power type.

a. Minimum of 80 percent efficiency as determined by flue gas analysis method at appliance flue outlet.

b. Carbon monoxide concentration in the flue gas not greater than 0.04 percent.

c. Stack temperature not greater than 700°F (371°C) plus ambient.

d. Carbon dioxide concentration between 8 and 13 percent, inclusive.

e. Oxygen concentration between 4 and 10 percent, inclusive.

f. Smoke test no higher than #2 for light oils, or #4 for oils heavier than #4.

g. Draft shall be in accordance with burner manufacturer's specifications.

Test records filing; tag. After completion of the test of newly installed oil or liquid fuel burner equipment as provided in this section, complete test records shall be filed with the building official on an approved form. The tag stating the date of the test and the name of the installer shall be attached to the appliance at the main valve.
Oxygen concentration.

a. The concentration of oxygen in the undiluted flue products of oil or liquid fuel burners shall in no case be less than 3 percent nor more than 10 percent, shall be in conformance with applicable performance standards and shall be consistent with the appliance listing.

b. The allowable limit of carbon monoxide shall not exceed 0.04 percent.

c. The flue gas temperature of an oil appliance, as taken on the appliance side of the draft regulator, shall not exceed applicable performance standards and shall be consistent with the appliance listing.

Approved oxygen trim system. The oxygen figures may not apply when there is an approved oxygen trim system on the burner that is designed for that use, including a low oxygen interlock when approved by the building official.
Supervised start-up.

a. Supervised start-up may be required to verify safe operation of oil or liquid fuel burner and to provide documentation that operation is consistent with this code, listing and approval. Supervised start-up is required for all liquid fuel burners listed in b, c, and d. Supervised start-up requires that the liquid fuel burner shall be tested in the presence of the building official in an approved manner. Testing shall include safety and operating controls, input, flue gas analysis, and venting. Flue gas shall be tested at high, medium, and low fires. Provisions shall be made in the system to allow firing test in warm weather. After completion of the test of newly installed oil or liquid fuel burner equipment as provided in this section, complete test records shall be filed with the building official on an approved form. The tag stating the date of the test and the name of the installer shall be attached to the appliance at the main valve.

b. Oil and liquid fuel burners of 1,000,000 Btu/hr input or more require a supervised start-up as in a.

c. Installation of oxygen trim systems, modulating dampers, or other draft control or combustion devices require a supervised start-up as in a.

d. All direct fired heaters require a supervised start-up as in a.

Control diagram. A complete control diagram of the installation and suitable operating instructions shall be supplied to the building official.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.1606 Section 1606 Equipment

The IMC is amended by adding a section to read as follows:

SECTION 1606

EQUIPMENT

1606.1 Equipment information.

A. All installations of gas or fuel burners with input above 400,000 Btu/hr and all combination gas or fuel burners must be approved before installation. The following information must be supplied as required by the building official.

Name, model, and serial number of the burner.
Input rating and type of fuel.
Name of the nationally recognized testing laboratory that tested and listed the unit.
Name, model, and serial number of the furnace or boiler that the burner will be installed in if not part of a complete package.
A complete wiring diagram showing the factory and fuel wiring installed or to be installed including all controls, identified by the brand name and model number.
A print of the gas or fuel train from the manual shutoff to the appliance showing all controls that will be installed, their names, model numbers, and approvals.

B. All installations of gas or fuel burners with input above 400,000 Btu/hr and all combination gas and oil or other combination fuel burners that are installed in new or renovated boiler or equipment rooms, or are installed in a package with the boiler or furnace, shall include the following information in addition to that required in item A, subitems 1 to 6.

A complete piping diagram from the supply source showing all components and materials identified by brand name and model number with relevant approvals.
Detailed provisions for combustion air, venting, and stacks.
A floor plan drawn to scale showing all relevant equipment. Plans and specifications shall be approved before proceeding with an installation.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5060 References to Other International Code Council (icc) Codes

Subpart 1. General.

References to other codes and standards promulgated by the International Code Council in the IMC and IFGC are modified in subparts 2 to 10.

Subp. 2. Building code.

References to the International Building Code mean the Minnesota Building Code, Minnesota Rules, chapter 1305, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 3. Residential code.

References to the International Residential Code mean the Minnesota Residential Code, Minnesota Rules, chapter 1309, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 4. Electrical code.

References to the International Code Council Electrical Code mean the Minnesota Electrical Code, Minnesota Rules, chapter 1315, adopted pursuant to Minnesota Statutes, section 326B.35.

Subp. 5. Mechanical code.

References to the International Mechanical Code mean the Minnesota Mechanical Code, Minnesota Rules, parts 1346.0050 to 1346.1500, adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1.

Subp. 6. Plumbing code.

References to the International Plumbing Code mean the Minnesota Plumbing Code, Minnesota Rules, chapter 4714, adopted pursuant to Minnesota Statutes, section 326B.106, subdivisions 1 and 2.

Subp. 7. Private sewage disposal code.

References to the International Private Sewage Disposal Code mean the Minnesota Pollution Control Agency's minimum standards and criteria for individual sewage treatment systems, Minnesota Rules, chapter 7080, adopted pursuant to Minnesota Statutes, chapters 103F, 103G, 115, and 116.

Subp. 8. Energy conservation code.

Subp. 9. Property maintenance code.

References to the International Property Maintenance Code are deleted.

Subp. 10. Fire code.

References to the International Fire Code mean the Minnesota State Fire Code, Minnesota Rules, chapter 7511, adopted pursuant to Minnesota Statutes, chapter 299F.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 690; 40 SR 71

Minn. R. 1346.5101 Administration

Subpart 1. Scope.

This code shall apply to the installation of fuel gas piping systems, fuel gas appliances, gaseous hydrogen systems, and related accessories in accordance with this code.

Subp. 2. Gaseous hydrogen systems.

Gaseous hydrogen systems shall be regulated by IFGC chapter 7, as amended.

Subp. 3. Piping systems.

This code applies to piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in IFGC section 402.6.1. Coverage shall extend from the point of delivery to the outlet of the appliance shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation, and maintenance.

Subp. 4. Gas appliances.

This code applies to gas appliances and related accessories on the side of the meter that supply gas to the building piping system and shall include installation, combustion, and ventilation air and venting and connections to piping systems.

Subp. 5. Systems, appliances, and equipment outside the scope.

This code shall not apply to the following:

Portable LP-gas appliances and equipment of all types that is not connected to a fixed fuel piping system.
Installation of farm appliances and equipment such as brooders, dehydrators, dryers, and irrigation equipment.
Raw material (feedstock) applications except for piping to special atmosphere generators.
Oxygen-fuel gas cutting and welding systems.
Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen, and nitrogen.
Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms, and natural gas processing plants.
Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.
LP-gas installations at utility gas plants.
Liquefied natural gas (LNG) installations.
Fuel gas piping in power and atomic energy plants.
Proprietary items of equipment, apparatus, or instruments such as gas-generating sets, compressors, and calorimeters.
LP-gas equipment for vaporization, gas mixing, and gas manufacturing.
Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
Installation of LP-gas systems for railroad switch heating.
Installation of hydrogen gas, LP-gas, and compressed natural gas (CNG) systems on vehicles.
Except as provided in IFGC section 401.1.1, gas piping, meters, gas pressure regulators, and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.
Building design and construction, except as specified in this rule.
Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

Subp. 6. Other fuels.

The requirements for the design, installation, maintenance, alteration, and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the Minnesota Mechanical Code, parts 1346.0050 to 1346.1500.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 34 SR 537; 39 SR 690

Minn. R. 1346.5201 Section 201 (ifgc) General

IFGC Section 201.4 is amended to read as follows:

201.4 Terms not defined. Where terms are not defined through the methods authorized by this chapter, the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.5202 Section 202 (ifgc) General Definitions

Subpart 1. Section 202.

IFGC section 202 is amended by adding the following definitions:

CODE. For purposes of parts 1346.5050 to 1346.6014, "the code" or "this code" means the portion of this rule that adopts the 2018 International Fuel Gas Code, with amendments.

GAS PIPING SYSTEM - LOW PRESSURE. A system that operates at a pressure not exceeding 14 inches of water column. LPG is a pressure not exceeding 14 inches of water column.

GAS PIPING SYSTEM - MEDIUM PRESSURE. A system that operates at a pressure exceeding 14 inches of water column but not exceeding 5 psig. LPG is a pressure exceeding 14 inches of water column but not exceeding 20 psig.

GAS PIPING SYSTEM - HIGH PRESSURE. A system that operates at a pressure exceeding 5 psig. LPG is a pressure exceeding 20 psig.

Subp. 2.

[Repealed, 44 SR 1085]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5301 Section 301 (ifgc) General

IFGC section 301.3 is amended to read as follows:

301.3 Listed and labeled. Appliances regulated by this code shall be listed and labeled to an appropriate standard by a nationally recognized testing laboratory which is qualified to evaluate the appliance, unless otherwise approved in accordance with the administrative provisions of the Minnesota Building Code, Minnesota Rules, chapter 1300. The approval of unlisted appliances shall be based upon engineering evaluation. Unlisted appliances shall be installed with clearances to combustibles in accordance with NFPA 54. Unlisted appliances with a fuel input rating of less than 12,500,000 Btu/hr (3,660 kW) shall have fuel gas trains, controls and safety devices installed in accordance with Part CF, Combustion Side Control, of ASME CSD-1. Unlisted appliances with a fuel input rating of 12,500,000 Btu/hr (3,660 kW) or greater shall have fuel gas trains, controls and safety devices installed in accordance with NFPA 85.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.5303 [Repealed, 34 SR 537]

[Repealed, 34 SR 537]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 39 SR 690; 44 SR 1085

Minn. R. 1346.5304 Section 304 (ifgc) Combustion, Ventilation and Dilution Air

Subpart 1. Section 304.1.

IFGC section 304.1 is amended to read as follows:

304.1 General. Air for combustion, ventilation, and dilution of flue gases for appliances installed in buildings shall be provided by application of one of the methods prescribed in sections 304.5 to 304.9. Where the requirements of section 304.5 are not met, outdoor air shall be introduced in accordance with one of the methods prescribed in sections 304.6 to 304.9. Direct-vent appliances, gas appliances of other than natural draft design, vented gas appliances not designated as Category I and appliances equipped with power burners shall be provided with combustion, ventilation and dilution air in accordance with the appliance manufacturer's instructions.

Exceptions:

Type 1 clothes dryers that are provided with makeup air in accordance with the manufacturer's installation instructions.
Combustion air for power burner appliances equipped with a draft control device and having an input above 400,000 Btu/hr shall have a net free area of 0.2 square inches per 1,000 Btu/hr. Combustion air shall be provided from a single opening from the outdoors. In lieu of this requirement, combustion air requirements specified by the manufacturer for a specific power burner appliance may be approved by the building official.
Combustion air for power burner appliances not equipped with a draft control device and having an input above 400,000 Btu/hr shall have a net free area of 0.1 square inches per 1,000 Btu/hr. Combustion air shall be provided from a single opening from the outdoors. In lieu of this requirement, combustion air requirements specified by the manufacturer for a specific power burner appliance may be approved by the building official.
Combustion air for Category I, III, and IV gas-fired appliances shall be determined using Table 304.1.
Combustion air requirements for residential dwellings shall be calculated by using Worksheet E-1, "Residential Combustion Air Calculation Method" and Table E-1, "Residential Combustion Air Required Volume" located in IFGC Appendix E, as amended in Minnesota Rules, parts 1346.6012 and 1346.6014.

Table 304.1

1For total inputs falling between listed capacities, use next largest listed input.

2If flexible duct is used, increase the duct diameter by one inch.*

*Flexible duct shall be stretched with minimal sags.

Subp. 2.

[Repealed, 34 SR 537]

Subp. 2a. Section 304.6.1.

IFGC section 304.6.1, Two-permanent-openings method, is deleted in its entirety.

Subp. 3. Section 304.6.2.

IFGC section 304.6.2 is amended to read as follows:

304.6.2 One permanent opening method. When any natural draft appliances are installed, one permanent opening, commencing within 12 inches (300 mm) of the bottom of the enclosure, shall be provided. When other than natural draft appliances are installed, one permanent opening, commencing within 12 inches (300) of the top of the enclosure, shall be provided. The appliances shall have clearances of at least 1 inch (25 mm) from the sides and back and 6 inches (160 mm) from the front of the appliance. The opening shall directly communicate with the outdoors or shall communicate through a vertical or horizontal duct to the outdoors or spaces that freely communicate with the outdoors.

Subp. 4.

[Repealed, 34 SR 537]

Subp. 5.

[Repealed, 34 SR 537]

Subp. 6.

[Repealed, 34 SR 537]

Subp. 7.

[Repealed, 34 SR 537]

Subp. 8. Section 304.11.

IFGC Section 304.11 is amended to read as follows:

304.11 Combustion air ducts. Combustion air ducts shall comply with the following:

Ducts shall be of galvanized steel or an equivalent corrosion-resistant material. If flexible duct is used, increase the duct diameter by one inch. Flexible duct shall be stretched with minimal sags.
Ducts shall terminate in an unobstructed space, allowing free movement of combustion air to the appliances.
Ducts shall serve a single space.
Ducts shall not service both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air.
Ducts shall not terminate in an attic space.
The remaining space surrounding a chimney liner, gas vent, special gas vent, or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air.

Exception: Direct vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the listing and the manufacturer's instructions.

Vertical ducts shall not extend through two or more stories without prior approval from the building official.
Ducts shall not terminate in the return air plenum of a forced air heating system unless installed in accordance with the heating equipment manufacturer's installation instructions.
Combustion air intake openings shall be located to avoid intake of exhaust air in accordance with IMC Section 401.5 and IFGC Section 503.8 and shall be covered with corrosion resistant screen of not less than 1/4 inch (6.4 mm) mesh.
Combustion air intake openings shall be located at least 12 inches (305 mm) above adjoining grade level.
When both makeup air and combustion air openings are required, they shall be provided through separate openings to the outdoors.

Exception: Combination makeup air and combustion air systems may be approved by the building official where they are reasonably equivalent in terms of health, safety, and durability.

Subp. 9.

[Repealed, 34 SR 537]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5306 Section 306 (ifgc) Access and Service Space

Subpart 1. Section 306.5.

IFGC section 306.5 is amended to read as follows:

306.5 Mechanical equipment and appliances on roofs or elevated structures. Where mechanical equipment or appliances requiring periodic inspection, service or maintenance are installed on roofs or elevated structures, a permanent stair shall be provided for access.

Exception: A portable ladder may be used for dwellings, replacement equipment and appliances on existing buildings, and for exterior roof access points not exceeding 16 feet (4.9 m) above grade, unless the building official determines that the unique shape of the roof does not allow safe access with a portable ladder.

The permanent stair shall be as required by relevant safety regulations, but shall not be less than the following:

The stair shall be installed at an angle of not more than 60 degrees measured from the horizontal plane.
The stair shall have flat treads at least 6 inches (152 mm) deep and a clear width of at least 18 inches (457 mm) with equally spaced risers at least 10.5 inches (267 mm) high and not exceeding 14 inches (356 mm).
The stair shall have intermediate landings not exceeding 18 feet (5.5 m) vertically.
Continuous handrails shall be installed on both sides of the stair.
Interior stairs shall terminate at the under side of the roof at a hatch or scuttle of at least 8 square feet (0.74 m2) with a minimum dimension of 20 inches (508 mm).
When a roof access hatch or scuttle is located within 10 feet (3.0 m) of a roof edge, a guard shall be installed in accordance with IFGC section 306.6.
Exterior stairs shall terminate at the roof access point or at a level landing of at least 8 square feet (0.74 m2) with a minimum dimension of 20 inches (508 mm). The landing shall have a guard installed in accordance with IFGC section 306.6.

Subp. 2. Section 306.5.

IFGC Section 306.5 is amended by adding a section to read as follows:

306.5.3 Permanent ladders. Where a change in roof elevation greater than 30 inches (762 mm) but not exceeding 16 feet (4.9 m) exists, a permanent ladder shall be provided. The ladder may be vertical and shall be as required by relevant safety regulations, but shall not be less than the following:

Width shall be at least 16 inches (406 mm).
Rung spacing shall be a maximum of 14 inches (356 mm).
Toe space shall be at least 6 inches (152 mm).
Side railings shall extend at least 30 inches (762 mm) above the roof or parapet wall.

Subp. 3. Section 306.6.

IFGC section 306.6 is amended to read as follows:

306.6 Guards. Guards shall be provided where various components that require service and roof hatch openings are located within 10 feet (3,048 mm) of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof, or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of components that requires service. The top of the guard shall be located not less than 42 inches (1,067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code.

Exception: Guards are not required where fall arrest/restraint anchorage connector devices that comply with ANSI/ASSE Z359.1 are installed.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690; 44 SR 1085

Minn. R. 1346.5307 Condensate Disposal

IFGC section 307.6, Condensate pumps, is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 1085

Minn. R. 1346.5311 Section 311 Carbon Monoxide Alarms

The IFGC is amended by adding a section to read as follows:

311.1 General. Carbon monoxide alarms shall be installed in new and existing rooms containing a fuel-burning appliance that is utilized to control environmental conditions and produces carbon monoxide during operation.

Exceptions:

Rooms containing a boiler that is regulated by Minnesota Rules, chapter 5225, shall be provided with carbon monoxide alarms in accordance with that chapter.
Where the room containing the fuel-burning appliance is located in a building regulated by the International Residential Code, carbon monoxide alarms shall be provided in accordance with Minnesota Rules, chapter 1309.

311.2 Carbon monoxide alarms. Carbon monoxide alarms shall comply with sections 311.2.1 to 311.2.1.4.

311.2.1 Power source. Carbon monoxide alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source, and when primary power is interrupted, receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than that required for overcurrent protection.

Exceptions:

Where installed in buildings without commercial power, battery-powered carbon monoxide alarms are permitted.
Where installed in the room of an existing building containing a fuel-burning appliance, battery-powered carbon monoxide alarms are permitted.

311.2.1.2 Listings. Carbon monoxide alarms shall be listed in accordance with UL 2034.

311.2.1.3 Combination alarms. Combination carbon monoxide and smoke alarms shall be an acceptable alternative to carbon monoxide alarms. Combination carbon monoxide and smoke alarms shall be listed in accordance with UL 2034 and UL 217.

311.2.1.4 Carbon monoxide detections systems. Carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide alarms listed in sections 311.2.1.2 and 311.2.1.3, provided they comply with NFPA 720 and are listed in accordance with UL 2075.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106
History: 44 SR 1085

Minn. R. 1346.5401 Section 401 (ifgc) General

Section 401.5.1. IFGC Section 401.5 is amended by adding a section to read as follows:

401.5.1 Medium and high pressure identification. Exposed medium and high pressure gas piping systems shall include the operating pressure on the label required by Section 401.5.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.5402 Section 402 (ifgc) Pipe Sizing

Subpart 1.

[Repealed, 34 SR 537]

Subp. 2. Section 402.4, Tables.

IFGC Section 402.4 is amended by adding tables as follows:

Table 402.4(2)A

Pipe Sizing Table for Natural Gas

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537

Minn. R. 1346.5403 Section 403 (ifgc) Piping Materials

Subpart 1. Section 403.4.2.

IFGC section 403.4.2 is amended to read as follows:

403.4.2 Steel. Steel and wrought-iron pipe shall not be lighter than Schedule 40 and shall comply with one of the following standards:

ASME B36.10, 10M;
ASTM A53/A53M; or
ASTM A106.

Subp. 1a. Section 403.8.

IFGC section 403.8 is amended to read as follows:

403.8 Protective coating. Where in contact with material, or passing through concrete or other abrasive material or atmosphere exerting a corrosive action, metallic piping and fittings coated with a corrosion-resistant material, sleeve, or casing shall be used. Steel pipe exposed in exterior locations shall be galvanized or coated with approved corrosion-resistant material. External or internal coatings or linings used on piping or components shall not be considered as adding strength.

Subp. 1b. Section 403.10.1.

IFGC section 403.10.1 is amended to read as follows:

403.10.1 Pipe joints. Pipe joints shall be threaded, flanged, brazed, welded, or made with press-connect fittings complying with ANSI LC-4. Where nonferrous pipe is brazed, the brazing materials shall have a melting point in excess of 1,000°F (538°C). Brazing alloys shall not contain more than 0.05 percent phosphorus.

Subp. 2.

[Repealed, 44 SR 1085]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5404 Section 404 (ifgc) Piping System Installation

Subpart 1. Section 404.6.

IFGC section 404.6 is amended to read as follows:

404.6 Underground penetrations prohibited. Gas piping shall not penetrate building foundation walls at any point below grade. Gas piping shall enter and exit a building at a point above grade and the annular space between the pipe and the wall shall be sealed. If necessary due to structural conditions, underground piping may be installed with prior approval from the building official.

Subp. 2.

[Repealed, 44 1085]

Subp. 3.

[Repealed, 34 SR 537]

Subp. 4.

[Repealed, 34 SR 537]

Subp. 5. Section 404.14.

IFGC section 404.14 is amended to read as follows:

404.14 Piping underground beneath buildings. Piping installed underground beneath buildings is prohibited except where the piping is encased in a conduit of wrought iron, plastic pipe, or steel pipe designed to withstand the superimposed loads and with prior approval from the building official. Such conduit shall extend into an occupiable portion of the building and, at the point where the conduit terminates in the building, the space between the conduit and the gas piping shall be sealed to prevent the possible entrance of any gas leakage. Where the end sealing is capable of withstanding the full pressure of the gas pipe, the conduit shall be designed for the same pressure as the pipe. Such conduit shall extend not less than 4 inches (102 mm) outside the building, shall be vented above grade to the outdoors, and shall be installed so as to prevent the entrance of water and insects. Such conduit shall be identified with a yellow label marked "Gas" in black letters, spaced at intervals not exceeding 5 feet (1,524 mm), and shall be located a minimum of 6 inches (152 mm) below the bottom of the concrete floor. The conduit shall be protected from corrosion in accordance with IFGC section 404.11.

Subp. 6.

[Repealed, 39 SR 690]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5406 Section 406 (ifgc) Inspection, Testing and Purging

Subpart 1. Section 406.1.2.

IFGC section 406.1.2 is amended to read as follows:

406.1.2 Alterations, repairs and additions. In the event alterations, repairs or additions are made following the pressure test, the affected piping shall be tested.

Exception: Equipment or appliance replacement, minor alterations, repairs, or additions, provided the work is inspected and connections are tested with a noncorrosive leak-detecting fluid or other leak-detecting methods approved by the building official.

Subp. 2. Section 406.1.5.

IFGC Section 406.1.5 is deleted.

Subp. 3. Section 406.4.1.

IFGC Section 406.4.1 is amended to read as follows:

406.4.1 Test pressure. The test pressure to be used shall be no less than one and one-half times the proposed maximum working pressure, but not less than 25 psig (172 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe.

Subp. 4. Section 406.4.2.

IFGC Section 406.4.2 is amended to read as follows:

406.4.2 Test duration. Test duration shall be not less than one-half hour. When testing a system in a single-family dwelling, the test duration shall be permitted to be reduced to 10 minutes with prior approval from the building official.

Subp. 5. Section 406.4.

IFGC Section 406.4 is amended by adding a section to read as follows:

406.4.3 Test gauges. Tests which utilize dial gauges shall be performed with gauges of 2 psi (13.8 kPa) incrementation or less and shall have a pressure range not greater than twice the test pressure applied. The test pressure shall be within the middle 50 percent of the test gauge pressure range.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.5407 [Repealed, 44 SR 1085]

[Repealed, 44 SR 1085]

Minn. R. 1346.5408 [Repealed, 44 SR 1085]

[Repealed, 44 SR 1085]

Minn. R. 1346.5409 Section 409 (ifgc) Shutoff Valves

Subpart 1. Section 409.1.

IFGC section 409.1 is amended by adding subsection 409.1.4 to read as follows:

409.1.4 Main shutoff valve. Piping systems shall be provided with an approved main shutoff valve before the first branch line. The main shutoff valve shall be installed in the first available location inside the building 5 feet or less above the floor that provides ready access and shall have a permanently attached handle.

Exception: Gas piping that serves an appliance on the roof of a building shall have the shutoff valve installed on the roof, ten feet or more from the roof's edge, before the first branch line.

Main shutoff valves controlling several gas piping systems shall be protected from physical damage and shall be placed an adequate distance from each other so they will be easy to operate.

Subp. 2. Section 409.2.

IFGC Section 409.2 is amended to read as follows:

409.2 Meter valve. Every meter shall be equipped with a shutoff valve located on the side of the meter that supplies gas to the building piping system. The main shutoff valve required in subpart 1 shall serve as the shutoff valve.

Subp. 3. Section 409.3.1.

IFGC Section 409.3.1 is amended to read as follows:

409.3.1 Multiple tenant buildings. In multiple tenant buildings, where a common piping system is installed to supply other than one- and two-family dwellings, shutoff valves shall be provided for each tenant. Each tenant shall have access to the shutoff valve serving that tenant's space. A main shutoff valve shall be installed in a common utility room or otherwise located to provide ready access to all tenants of the building, and it shall not be located in a locked room without prior permission from the building official.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5410 Section 410 (ifgc) Flow Controls

IFGC Section 410.3 is amended to read as follows:

410.3 Venting of regulators. Pressure regulators that require a vent shall have an independent vent to the outside of the building. The vent shall be designed to prevent the entry of water or foreign objects. Regulator vents shall terminate at least 3 feet (914 mm) from doors, operable windows, nonmechanical intake openings, and openings into direct-vent appliances. The vent termination shall be located at least 12 inches (305 mm) above grade and shall be suitably screened and hooded to prevent accidental closure of the vent pipe.

Exception: A vent to the outside of the building is not required for regulators equipped with and labeled for utilization with approved vent-limiting devices installed in accordance with the manufacturer's instructions.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1346.5501 Section 501 (ifgc) General

Subpart 1. Section 501.7.

IFGC Section 501.7 is amended to read as follows:

501.7 Connection to fireplace. Connection of any appliance to chimney flues serving fireplaces is prohibited. Refer to IFGC Section 602 for Decorative Appliances for Installation in Fireplaces and IFGC Section 603 for Log Lighters.

Subp. 2. Section 501.8.

IFGC section 501.8 is amended to read as follows:

501.8 Appliances not required to be vented. The following appliances shall not be required to be vented.

Ranges.
Built-in domestic cooking units listed and marked for optional venting.
Hot plates and laundry stoves.
Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of IFGC sections 613 and 614).
A single booster-type automatic instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall be not less than 36 inches (914 mm) vertically and 6 inches (152 mm) horizontally from any surface other than the heater.
Refrigerators.
Counter appliances.
Direct-fired make-up air heaters.
Specialized equipment of limited input such as laboratory burners and gas lights.

Automatically operated equipment vented with a hood or exhaust system shall comply with IFGC section 503.3.4. Where the appliances and equipment listed in items 5 to 9 are installed so that the aggregate input rating exceeds 20 Btu/hr per cubic foot (207 watts per m3) of volume of the room or space in which such appliances and equipment are installed, one or more shall be provided with venting systems or other approved means for conveying the vent gases to the outdoor atmosphere so that the aggregate input rating of the remaining unvented appliances and equipment does not exceed the 20 Btu/hr per cubic foot (207 watts per m3) figure. Where the room or space in which the equipment or appliance is installed is directly connected to another room or space by a doorway, archway, or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations.

Subp. 3. Section 501.12.

IFGC section 501.12 is amended to read as follows:

501.12 Residential and low-heat appliances flue lining systems. An approved metallic liner shall be installed in masonry chimneys used to vent gas appliances. The liner shall comply with one of the following:

Aluminum (1100 or 3003 alloy or equivalent) not less than 0.032 inches thick to 8 inches diameter.
Stainless steel (304 or 430 alloy or equivalent) not less than 26 gauge (0.018 inches thick) to 8 inches diameter or not less than 24 gauge (0.024 inches thick) 8 inches diameter and larger.
Listed vent systems.

Exception: Metallic liners are not required when each appliance connected into the masonry chimney has a minimum input rating greater than 400,000 Btu/hr.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5503 Section 503 (ifgc) Venting of Appliances

Subpart 1. Section 503.2.2.

IFGC Section 503.2.2 is deleted.

Subp. 2.

[Repealed, 34 SR 537]

Subp. 3. Section 503.5.5.

IFGC section 503.5.5 is amended to read as follows:

503.5.5 Size of chimneys. The effective area of a chimney venting system serving listed appliances with draft hoods, Category I appliances, and other appliances listed for use with Type B vents shall be in accordance with IFGC section 504 or other approved engineering methods.

Exceptions:

As an alternate method of sizing an individual chimney venting system for a single appliance with a draft hood, the effective areas of the vent connector and chimney flue shall be not less than the area of the appliance flue collar or draft hood outlet, nor greater than four times the draft hood outlet area.
As an alternate method for sizing a chimney venting system connected to two appliances with draft hoods, the effective area of the chimney flue shall be not less than the area of the larger draft hood outlet plus 50 percent of the area of the smaller draft hood outlet, nor greater than four times the smallest draft hood outlet area.

Where an incinerator is vented by a chimney serving other gas utilization appliance, the gas input to the incinerator shall not be included in calculating chimney size, provided the chimney flue diameter is not less than 1 inch (25.4 mm) larger in equivalent diameter than the diameter of the incinerator flue outlet.

Subp. 4. Section 503.5.6.

IFGC Section 503.5.6 is amended to read as follows:

503.5.6 Inspection of chimneys. Before replacing an existing appliance or connecting a vent connector to a chimney, the chimney passageway shall be examined to ascertain that it is clear and free of obstructions and it shall be cleaned if previously used for venting solid or liquid fuel-burning appliances or fireplaces.

Exception: Existing chimneys shall be lined in accordance with amended IFGC Section 501.12 unless otherwise approved by the building official.

Subp. 5.

[Repealed, 34 SR 537]

Subp. 6. Section 503.6.10.1.

IFGC section 503.6.10.1 is amended to read as follows:

503.6.10.1 Category I appliances. The sizing of natural draft venting systems serving one or more listed appliances equipped with a draft hood or appliances listed for use with Type B gas vent, installed in a single story of a building, shall be in accordance with one of the following methods:

The provisions of Section 504.
For sizing an individual gas vent for a single draft-hood-equipped appliance, the effective area of the vent connector and the gas vent shall be not less than the area of the appliance draft hood outlet, nor greater than four times the draft hood outlet area.
For sizing a gas vent connected to two appliances with draft hoods, the effective area of the vent shall be not less than the area of the larger draft hood outlet plus 50 percent of the area of the smaller draft hood outlet, nor greater than four times the smaller draft hood outlet area.
Approved engineering practices.

Subp. 7. Section 503.7.9.

IFGC section 503.7.9 is amended to read as follows:

503.7.9 Size of single-wall metal pipe. A venting system constructed of single-wall metal pipe shall be sized in accordance with one of the following methods and the appliance manufacturer's instructions:

For a draft hood-equipped appliance, in accordance with IFGC section 504.
For a venting system for a single appliance with a draft hood, the areas of the connector and the pipe each shall be not less than the area of the appliance flue collar or draft hood outlet, whichever is smaller. The vent area shall not be greater than four times the draft hood outlet area.
Other approved engineering methods.

Subp. 8.

[Repealed, 34 SR 537]

Subp. 9.

[Repealed, 39 SR 690]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5504 Section 504 (ifgc) Sizing of Category 1 Appliance Venting Systems

Subpart 1.

[Repealed, 44 1085]

Subp. 1a. Table 504.2(3).

IFGC Table 504.2(3) is amended to read as follows:

In the row with the heading "Maximum Internal Area of Chimney (square inches)," change the phrase "Seven times" to "Four times."

Subp. 1b. Table 504.2(4).

IFGC Table 504.2(4) is amended to read as follows:

In the row with the heading "Maximum Internal Area of Chimney (square inches)," change the phrase "Seven times" to "Four times."

Subp. 2. Section 504.2.8.

IFGC Section 504.2.8 is amended to read as follows:

504.2.8 Vent area and diameter. Where the vertical vent has a larger diameter than the vent connector, the vertical vent diameter shall be used to determine the minimum vent capacity, and the connector diameter shall be used to determine the maximum vent capacity. The flow area of the vertical vent shall not exceed four times the flow area of the listed appliance categorized vent area, flue collar area, or draft hood outlet area unless designated in accordance with approved engineering methods.

Subp. 3. Section 504.3.17.

IFGC Section 504.3.17 is amended to read as follows:

504.3.17 Vertical vent maximum size. Where two or more appliances are connected to a vertical vent or chimney, the flow area of the largest section of vertical vent or chimney shall not exceed four times the smallest listed appliance categorized vent areas, flue collar area, or draft hood outlet area unless designed in accordance with approved engineering methods.

Subp. 4. Section 504.3.19.

IFGC Section 504.3.19 is amended to read as follows:

504.3.19 Liner system sizing. Listed corrugated metallic chimney liner systems in masonry chimneys shall be sized by using IFGC Table 504.3(1) or 504.3(2) for Type B vents, with the maximum capacity reduced by 20 percent (0.80 x maximum capacity) and the minimum capacity as shown in IFGC Table 504.3(1) or 504.3(2). Corrugated metallic liner systems installed with bends or offsets shall have their maximum capacity further reduced in accordance with IFGC Sections 504.3.5 and 504.3.6. Approved metallic liners, other than listed corrugated metallic liner systems, installed in accordance with amended IFGC Section 501.12, shall be sized by using IFGC Table 504.3(1) or 504.3(2) for Type B vents. When IFGC Table 504.3(1) or 504.3(2) permits more than one diameter for a connector or vent of a fan-assisted appliance, the smallest permitted diameter shall be used.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13; 326B.106
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690; 44 SR 1085

Minn. R. 1346.5602 Section 602 (ifgc) Decorative Appliances for Installation in Fireplaces

Subpart 1.

[Repealed, 39 SR 690]

Subp. 2. Section 602.3.

IFGC Section 602.3 is amended to read as follows:

602.3 Prohibited installations. Decorative appliances for installations in fireplaces shall not be installed where prohibited by IFGC Section 303.3. Unvented decorative appliances shall not be installed in any dwelling or occupancy.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 39 SR 690

Minn. R. 1346.5620 [Repealed, 34 SR 537]

[Repealed, 34 SR 537]

Minn. R. 1346.5621 Section 621 (ifgc) Unvented Room Heaters

IFGC Section 621 is deleted in its entirety and replaced with the following:

Unvented room heaters and unvented decorative appliances shall not be installed in any dwelling or occupancy.

History

Statutory Authority: MS s 326B.101; 326B.106; 326B.13
History: 34 SR 537

Minn. R. 1346.5629 [Repealed, 34 SR 537]

[Repealed, 34 SR 537]

Minn. R. 1346.5630 Section 630 (ifgc) Infrared Radiant Heaters

Subpart 1.

[Repealed, 34 SR 537]

Subp. 2.

[Repealed, 34 SR 537]

Subp. 3. Section 630.3.

IFGC section 630.3 is amended to read as follows:

630.3 Combustion and ventilation air. Where unvented infrared heaters are installed, mechanical ventilation shall be provided to exhaust at least 4 cubic feet per minute (cfm) (0.0203 m3/s) per 1,000 Btu/hr (0.292 kW) input rating and it shall be electrically interlocked with the heater. Makeup air shall be provided to the space to be heated.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.5631 [Repealed, 39 SR 690]

[Repealed, 39 SR 690]

Minn. R. 1346.5800 Chapter 8 Referenced Standards

Subpart 1.

[Repealed, 39 SR 690]

Subp. 2. Supplemental standards.

The standards listed in this part shall supplement the list of referenced standards in chapter 8 of the 2012 IFGC. The standards referenced in this rule shall be considered part of the requirements of this rule to the extent prescribed in each rule or reference.

A. NFPA 54-2018 National Fuel Gas Code.

B. ANSI LC-4-2012 Press-Connect Metallic Fittings for Use In Fuel Gas Distribution Systems.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 34 SR 537; 36 SR 1479; 39 SR 690; 44 SR 1085

Minn. R. 1346.5801 [Renumbered 1346.5901]

[Renumbered 1346.5901]

Minn. R. 1346.5802 [Renumbered 1346.5902]

[Renumbered 1346.5902]

Minn. R. 1346.5803 [Renumbered 1346.5903]

[Renumbered 1346.5903]

Minn. R. 1346.5804 [Renumbered 1346.5904]

[Renumbered 1346.5904]

Minn. R. 1346.5805 [Renumbered 1346.5905]

[Renumbered 1346.5905]

Minn. R. 1346.5806 [Renumbered 1346.5906]

[Renumbered 1346.5906]

Minn. R. 1346.5807 [Renumbered 1346.5907]

[Renumbered 1346.5907]

Minn. R. 1346.5900 [Renumbered 1346.6000]

[Renumbered 1346.6000]

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13;
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.5901 [Renumbered 1346.5900, subparts 1 and 2]

[Renumbered 1346.5900, subparts 1 and 2]

Minn. R. 1346.5902 [Renumbered 1346.5900, subp 3]

[Renumbered 1346.5900, subp 3]

Minn. R. 1346.5903 [Renumbered 1346.5900, subp 4]

[Renumbered 1346.5900, subp 4]

Minn. R. 1346.5904 [Renumbered 1346.5900, subp 5]

[Renumbered 1346.5900, subp 5]

Minn. R. 1346.5905 [Renumbered 1346.5900, subp 6]

[Renumbered 1346.5900, subp 6]

Minn. R. 1346.5906 [Renumbered 1346.5900, subp 7]

[Renumbered 1346.5900, subp 7]

Minn. R. 1346.5907 [Renumbered 1346.5900, subp 8]

[Renumbered 1346.5900, subp 8]

Minn. R. 1346.6000 Chapter 10, Manufactured Home Park/Community Fuel Gas Equipment and Appliance Installation

Subpart 1. Chapter 10.

The IFGC is amended by adding a chapter to read as follows:

CHAPTER 10

MANUFACTURED HOME PARK/COMMUNITY FUEL GAS

EQUIPMENT AND APPLIANCE INSTALLATION

Subp. 2. General.

Except as otherwise permitted or required by this chapter, all fuel gas equipment and appliance installations in manufactured home parks and communities shall comply with the provisions of this code. The provisions of this chapter shall not apply to manufactured home gas piping, appliances, and equipment.

Subp. 3. Required gas supply.

The minimum hourly volume of gas required at each manufactured home lot outlet or any section of the manufactured home gas piping system shall be calculated as shown in Table 1002. Required gas supply for buildings or other fuel gas utilization equipment and appliances connected to the manufactured home gas piping system shall be calculated as provided in this code.

Table 1002

Demand Factors for Calculating Gas Piping Systems in Manufactured Home Parks and Communities

Subp. 4. Installation.

Gas piping shall not be installed underground beneath buildings or that portion of the manufactured home lot reserved for the location of manufactured homes, manufactured home accessory buildings or structures, concrete slabs, or automobile parking, unless installed in a gas-tight conduit complying with the following:

The conduit shall be of material approved for installation underground beneath buildings and not less than Schedule 40 pipe. The interior diameter of the conduit shall be not less than 0.5 inch (15 mm) larger than the outside diameter of the gas piping.
The conduit shall extend to a point not less than 12 inches (305 mm) beyond any area where it is required to be installed, or the outside wall of a building, and the outer ends shall not be sealed. Where the conduit terminates within a building, it shall be provided with access, and the space between the conduit and the gas piping shall be sealed to prevent leakage of gas into the building.

Exception: A gas piping lateral terminating in a manufactured home lot riser surrounded by a concrete slab shall not be required to be installed in a conduit, provided the concrete slab is entirely outside the wall line of the manufactured home, and is used for stabilizing other utility connections.

Subp. 5. Manufactured home lot shutoff valve.

Each manufactured home lot shall have an approved gas shutoff valve installed upstream of the manufactured home lot gas outlet and located on the outlet riser at a height at least 6 inches (152 mm) above grade. Such valve shall not be located under a manufactured home. When the manufactured home lot is not in use, the outlet shall be equipped with an approved cap or plug to prevent accidental discharge of gas.

Subp. 6. Manufactured home lot gas outlet.

Each manufactured home lot piped for gas shall be provided with an individual outlet riser at the manufactured home lot. The manufactured home lot gas outlet shall terminate with the point of delivery in the rear third section and within 4 feet (1,219 mm) of the proposed location of the manufactured home.

Subp. 7. Mechanical protection.

All gas outlet risers, regulators, meters, valves, or other exposed equipment shall be protected from mechanical damage. Atmospherically controlled regulators shall be installed in such a manner that moisture cannot enter the regulator vent and accumulate above the diaphragm. Where the regulator vent may be obstructed due to snow and icing conditions, shields, hoods, or other suitable devices shall be provided to guard against closing the vent opening.

Subp. 8. Meters.

Meters shall not be installed in unvented or inaccessible locations or closer than 3 feet (914 mm) from sources of ignition. When meters are installed, they shall not depend on the gas outlet riser for support, but shall be adequately supported by a post or bracket placed on a firm footing, or other means providing equivalent support.

Subp. 9. Meter shutoff valve.

All meter installations shall be provided with a shutoff valve located adjacent to and on the inlet side of the meter. For installations utilizing a liquefied petroleum gas container, the container service valve shall serve as the shutoff valve.

Subp. 10. Gas pipe sizing.

The size of each section of natural gas or liquefied petroleum gas piping systems shall be determined as specified in this code.

Subp. 11. Maintenance.

The manufactured home park/community operator shall be responsible for maintaining all gas piping installations and equipment in good working condition.

History

Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13
History: 29 SR 299; L 2007 c 140 art 4 s 61; art 13 s 4; 34 SR 537; 39 SR 690

Minn. R. 1346.6010 Appendix C, Table C-1

Appendix C, Table C-1

Recommended Capacities for Domestic Kitchen Exhaust Hoods

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13
History: 34 SR 537; 39 SR 690

Minn. R. 1346.6012 Ifgc Appendix E, Worksheet E-1

IFGC Appendix E, Worksheet E-1

Residential Combustion Air Calculation Method

(for Furnace, Boiler, and/or Water Heater in the Same Space)

Step 1: Complete vented combustion appliance information.

Furnace/Boiler:

Step 2: Calculate the volume of the Combustion Appliance Space (CAS) containing combustion appliances.

Step 3: Determine Air Changes per Hour (ACH)1

Default ACH values have been incorporated into Table E-1 for use with Method 4b (KAIR Method). If the year of construction or ACH is not known, use method 4a (Standard Method).

Step 4: Determine Required Volume for Combustion Air.

4a. Standard Method

If CAS Volume (from Step 2) is greater than TRV then no outdoor openings are needed.

If CAS Volume (from Step 2) is less than TRV then go to STEP 5.

4b. Known Air Infiltration Rate (KAIR) Method

If CAS Volume (from Step 2) is greater than TRV then no outdoor openings are needed.

If CAS Volume (from Step 2) is less than TRV then go to STEP 5.

Step 5: Calculate the ratio of available interior volume to the total required volume.

Step 6: Calculate Reduction Factor (RF).

Step 7: Calculate single outdoor opening as if all combustion air is from outside.

Step 8: Calculate Minimum CAOA.

Step 9: Calculate Combustion Air Opening Diameter (CAOD)

1If desired, ACH can be determined using ASHRAE calculation or blower door test. Follow procedures in Section G304.

History

Statutory Authority: MS s 326B.101; 326B.106; 326B.13
History: 34 SR 537

Minn. R. 1346.6014 Ifgc Appendix E, Table E-1

IFGC Appendix E, Table E-1

Residential Combustion Air Required Volume

(Required Interior Volume Based on Input Rating of Appliances)

1The 1994 date refers to dwellings constructed under the 1994 Minnesota Energy Code. The default KAIR used in this section of the table is 0.20 ACH.

2This section of the table is to be used for dwellings constructed prior to 1994. The default KAIR used in this section of the table is 0.40 ACH.

History

Statutory Authority: MS s 326B.101; 326B.106; 326B.13
History: 34 SR 537

Chapter 1350 MANUFACTURED HOMES

Minn. R. 1350.0100 Definitions

Subpart 1. Applicability.

For the purposes of parts 1350.0100 to 1350.9200, the terms defined in this part have the meanings given them.

Subp. 2. Accessory structure.

"Accessory structure" means manufactured home accessory structure.

Subp. 3. Act.

"Act" means the National Manufactured Housing Construction and Safety Standards Act of 1974, title VI of the Housing and Community Development Act of 1974, United States Code, title 42, sections 5401 to 5426 (1976), and all amendments to the act.

Subp. 4. Anchor.

"Anchor" means ground anchor.

Subp. 5. Anchoring equipment.

"Anchoring equipment" means bolts, straps, cables, turnbuckles, and chains, including tensioning devices, which are used with ties to secure a manufactured home to ground anchors or the foundation system.

Subp. 6. Anchoring system.

"Anchoring system" means any method used for securing the manufactured home to a foundation system or the ground.

Subp. 7. Approved.

"Approved" means acceptable to the authority having jurisdiction.

Subp. 7a. Architect.

"Architect" means an architect that is an individual or entity licensed to practice architecture in a state or other United States jurisdiction and subject to all laws and limitations imposed by the agency in the state or jurisdiction that regulates the architect.

Subp. 8. Authority having jurisdiction.

"Authority having jurisdiction" means the commissioner.

Subp. 9. Authorized representative.

"Authorized representative" means any person, firm, corporation, or employee approved or hired by the commissioner to perform inspection services.

Subp. 10. Baling.

"Baling" means a method of "wrapping" a cross section (roof, walls, and floor) and the main frame (chassis) of a manufactured home with straps.

Subp. 10a. Climatic conditions.

"Climatic conditions" means meteorological circumstances that would prevent a complying installation of a manufactured home, including, but not limited to, frost, extreme rains, or flooding.

Subp. 11. Code.

"Code" means the manufactured home building code.

Subp. 12. Commissioner.

"Commissioner" means the commissioner of labor and industry or the commissioner's duly authorized representatives.

Subp. 13. Construction alteration.

"Construction alteration" means the replacement, addition, modification, or removal of any equipment or installation which may affect the construction, plumbing, heating, cooling, or fuel-burning system, or electrical system or the functioning of any of these in manufactured homes subject to the code.

Subp. 14. Construction compliance certificate.

"Construction compliance certificate" means the certificate provided by the manufacturer or dealer to both the commissioner and the owner which warrants that the manufactured home complies with the code.

Subp. 15. Dealer.

"Dealer" means any person who engages in the business, either exclusively or in addition to any other occupation, of selling or brokering manufactured homes, new or used, or who offers to sell, solicit, broker, or advertise the sale of manufactured homes, new or used.

Subp. 16. Defect.

"Defect" means a failure to comply with an applicable federal mobile home construction and safety standard in Code of Federal Regulations, title 24, part 3280, that renders the manufactured home or any part or component of it not fit for the ordinary use for which it was intended, but that does not result in an unreasonable risk of injury or death to occupants of the manufactured home.

Subp. 17. Design approval inspection agency.

"Design approval inspection agency" means a state or private organization that has been accepted by the secretary.

Subp. 18. Diagonal tie.

"Diagonal tie" means a tie intended primarily to resist horizontal or shear forces and which may secondarily resist vertical, uplift, and overturning forces.

Subp. 19. Distributor.

"Distributor" means any person engaged in the sale and distribution of manufactured homes for resale.

Subp. 19a. Engineer.

"Engineer" means an engineer that is an individual or entity licensed to practice engineering in a state or other United States jurisdiction and subject to all laws and limitations imposed by the agency in the state or jurisdiction that regulates the engineer.

Subp. 20. Evaluation agency.

"Evaluation agency" means an organization approved by the secretary which is qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate and evaluate manufactured homes.

Subp. 21. Failure to conform.

"Failure to conform" includes noncompliance, having a defect or serious defect, and having an imminent safety hazard related to failure to comply with an applicable federal mobile home construction and safety standard in Code of Federal Regulations, title 42, part 3280. "Failure to conform" is used as a substitute for all of those terms.

Subp. 22. Footing.

"Footing" means that portion of the support system that transmits loads directly to the soil.

Subp. 23. Foundation system.

"Foundation system" means a permanent foundation constructed in conformance with the State Building Code.

Subp. 24. Ground anchor.

"Ground anchor" means any device at the manufactured home installation site designed to transfer manufactured home anchoring loads to the ground.

Subp. 24a. HUD.

"HUD" means the United States Department of Housing and Urban Development.

Subp. 25. Imminent safety hazard.

"Imminent safety hazard" means a hazard that presents an imminent and unreasonable risk of death or severe personal injury that may or may not be related to failure to comply with an applicable federal mobile home construction and safety standard in Code of Federal Regulations, title 42, part 3280.

Subp. 26. Independent inspection agency.

"Independent inspection agency" means an organization approved by the secretary qualified to review and approve plans and specifications for manufactured homes with respect to model, structural, electrical, mechanical, and plumbing requirements and to evaluate quality control programs and make inspections.

Subp. 26a. Individual.

"Individual" means a human being.

Subp. 27. Installation.

"Installation" of a manufactured home means the completion of work to stabilize, support, anchor, and close up a manufactured home, and to join sections of a multisection manufactured home when any such work is governed by the state installation standards or federal installation standards in Code of Federal Regulations, title 24, part 3285, or by state installation standards that are certified as part of a qualifying installation program.

Subp. 28. Installation alteration.

"Installation alteration" means the replacement, addition, modification, or removal of any components of the ground support or ground anchoring systems required under parts 1350.0100 to 1350.6900.

Subp. 29. Installation compliance certificate.

"Installation compliance certificate" means the certificate provided by the installer to both the commissioner and the owner which warrants that the manufactured home complies with parts 1350.0100 to 1350.6900.

Subp. 30. Installation instructions.

"Installation instructions" means a manufacturer's Design Approval Primary Inspection Agency (DAPIA) approved set of specifications to ensure that a manufactured home is set up according to applicable installation standards, as required under Code of Federal Regulations, title 24, part 3285.

Subp. 31. 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.

Subp. 31a. Installation standards.

"Installation standards" means the standards established by HUD in Code of Federal Regulations, title 24, part 3285, or any set of state standards that the secretary has determined provide protection to the residents of manufactured homes that equals or exceeds the protection provided by the standards in Code of Federal Regulations, title 24, part 3285.

Subp. 32. Installer.

"Installer" means a person or entity that is retained to engage in, or who engages in, the business of directing, supervising, controlling, or correcting the installation or repair of a manufactured home, as governed by Code of Federal Regulations, title 24, part 3285, and this chapter. Installers are required to be licensed according to Minnesota laws and rules.

Subp. 33. Label.

"Label" means the approved form of certification required by the secretary or the secretary's 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.

Subp. 34. Length of a manufactured home.

"Length of a manufactured home" means its largest overall length in the traveling mode, including cabinets and other projections which contain interior space. Length does not include bay windows, roof projections, overhangs, or eaves under which there is no interior space, nor does it include drawbars, couplings, or hitches.

Subp. 34a. Limited dealer.

"Limited dealer" means the owner, as principal only, of a licensed manufactured home park authorized by license to sell, offer for sale, solicit, and advertise for sale ten used manufactured homes annually within the owner's licensed manufactured home park, as defined in Minnesota Statutes, section 327.14, subdivision 3.

Subp. 35. Listed.

"Listed" means equipment or materials included in a list published by a nationally recognized testing laboratory that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner.

Subp. 36. Listing agency.

"Listing agency" means an agency approved by the commissioner which is in the business of listing or labeling and which maintains a periodic inspection program on current production of listed products, and which makes available at least an annual published report of the listing which includes specific information that the product has been tested to approved standards and found safe for use in a specified manner.

Subp. 37. Main frame.

"Main frame" means the structural component on which is mounted the body of the manufactured home.

Subp. 38. Manufactured home.

"Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minnesota Statutes, chapter 327.

Subp. 39. 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.

Subp. 40. 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 identified as NFPA 501B, and further revisions adopted by the commissioner.

"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.

Subp. 41. Manufactured home installer.

"Manufactured home installer" means any person, firm, or corporation which installs manufactured homes for others at site of occupancy.

Subp. 42. Manufacturer.

"Manufacturer" means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for sale.

Subp. 43. Mobile home.

"Mobile home" is synonymous with manufactured home whenever it appears in parts 1350.0100 to 1350.9200 and in other documents or on construction or installation seals.

Subp. 44. Model group.

"Model group" means two or more manufacturer-designed accessory structures which constitute one model.

Subp. 45. Noncompliance.

"Noncompliance" means a failure of a manufactured home to comply with a federal manufactured home construction or safety standard that does not constitute a defect, serious defect, or imminent safety hazard.

Subp. 46. Person.

"Person" includes, unless the context indicates otherwise, a corporation, company, association, firm, partnership, society, or joint stock company, as well as an individual, but does not include a tribal entity on a federal reservation.

Subp. 47. Production inspection primary inspection agency.

"Production inspection primary inspection agency" means an agency which evaluates the ability of manufactured home manufacturing plants to follow approved quality control procedures and which provides ongoing surveillance of the manufacturing process.

Subp. 48. Purchaser.

"Purchaser" means the first person purchasing a manufactured home in good faith for purposes other than resale.

Subp. 48a. Repair.

"Repair" means the reconstruction, replacement, or renewal of any part of an existing structure, using materials of like kind and type for the purpose of the structure's maintenance.

Subp. 48b. Replacement construction seal.

"Replacement construction seal" means a construction seal issued by the commissioner to replace a construction seal or label that has been lost or removed from a manufactured home after application has been made and verification has been received by the commissioner that the home complies with the manufactured home code.

Subp. 48c. Retailer.

"Retailer" is synonymous with dealer wherever it appears in parts 1350.0100 to 1350.9200 and in federal and state laws and rules relating to manufactured housing.

Subp. 49. 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. "Seal" includes construction, accessory structure, and installation seals.

Subp. 50. 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.

Subp. 51. Serious defect.

"Serious defect" means any failure to comply with an applicable federal mobile home construction and safety standard in Code of Federal Regulations, title 24, part 3280 that renders the manufactured home or any part of it not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to occupants of the affected manufactured home.

Subp. 51a. Set up.

"Set up" means any assembly or installation of a manufactured home on site that includes aspects of work that are governed by Code of Federal Regulations, title 24, part 3280 or 3285, and this chapter.

Subp. 52. Stabilizing devices.

"Stabilizing devices" means all components of the anchoring and support systems such as piers, footings, ties, anchoring equipment, ground anchors, and any other equipment which supports the manufactured home and secures it to the ground.

Subp. 53. Stabilizing system.

"Stabilizing system" means a combination of the anchoring system and the support system when properly installed.

Subp. 54. State administrative agency.

"State administrative agency" means an agency of a state which has been approved or conditionally approved to carry out the state plan for enforcement of the federal manufactured home construction and safety standards. For manufactured homes manufactured after June 14, 1976, and located or manufactured in Minnesota, the commissioner of labor and industry is the state administrative agency.

Subp. 55. 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.

Subp. 56. Testing agency.

"Testing agency" means an organization which:

A. is primarily interested in testing and evaluating equipment and installations;

B. is qualified and equipped to observe experimental testing to approved standards;

C. is not under the jurisdiction or control of any manufacturer or supplier of any industry;

D. makes available a published report in which specific information is included stating that the equipment and installations listed or labeled have been tested and found safe for use in a specific manner; and

E. is approved by the commissioner.

Subp. 57. Tie.

"Tie" means a strap, cable, or securing device used to connect the manufactured home to ground anchors.

Subp. 58. Utility connections.

"Utility connections" means the connection of the manufactured home to existing utilities including, but not limited to, electricity, water, sewer, gas, or fuel oil.

Subp. 59. Vertical tie.

"Vertical tie" means a tie intended primarily to resist the uplifting and overturning forces.

Subp. 60. Width of a manufactured home.

"Width of a manufactured home" means its largest overall width in the traveling mode, including cabinets and other projections which contain interior space. Width does not include bay windows, roof projections, overhangs, or eaves under which there is no interior space.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846; L 2007 c 140 art 1 s 1; art 8 s 30; art 13 s 4; 34 SR 866

Minn. R. 1350.0200 Authorization

Parts 1350.0100 to 1350.6900 are authorized by Minnesota Statutes, sections 326B.02, 327.31 to 327.36, and 327B.04, and established through the rulemaking procedures in Minnesota Statutes, sections 14.02, 14.045 to 14.36, 14.38, and 14.44 to 14.45, to implement, interpret, and carry out the provisions of Minnesota Statutes, sections 326B.801, 327.31 to 327.36, 327B.04, and 327B.10, relating to manufactured homes. If parts 1350.0100 to 1350.6900 differ from the code promulgated by the American National Standards Institute as ANSI A119.1, or the provisions of the National Fire Protection Association identified as NFPA 501B, parts 1350.0100 to 1350.6900 govern in all cases.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866; L 2014 c 248 s 19

Minn. R. 1350.0300 Enforcement

The commissioner shall administer and enforce parts 1350.0100 to 1350.9200 and the code. Any authorized representative of the Department of Labor and Industry may enter any premises where manufactured homes are manufactured, sold, offered for sale, parked in any manufactured home park in the state, or installed in the state if the installation was made after September 1, 1974. The authorized representative may examine any records and may inspect any manufactured home, equipment, or installations to ensure compliance with parts 1350.0100 to 1350.9200 and the code. The authorized representative may require that a portion or portions of a manufactured home be removed or exposed in order that an inspection may be made to determine compliance, or require that all portions of an installation be removed or exposed to make this determination.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846; L 2007 c 140 art 1 s 1

Minn. R. 1350.0400 Requirement for Seals, Code Compliance, Construction Compliance Certificates, or Labels

Subpart 1. Construction seals; code compliance; construction compliance certificates or labels.

After July 1, 1972, no person shall sell or offer for sale in this state any manufactured home manufactured after July 1, 1972; manufacture any manufactured home in this state; or install for occupancy any manufactured home manufactured after July 1, 1972, in any manufactured home park in this state, unless the manufactured home complies with the code and the commissioner's revisions to it, bears a construction seal issued by the commissioner, and is accompanied by a construction compliance certificate by the manufacturer or dealer, on a form issued by the commissioner, both evidencing that it complies with the code, or if manufactured after June 14, 1976, bears a label as required by the secretary.

Subp. 2. Alteration of manufactured homes required to have a construction seal or label.

After July 1, 1972, no person shall alter any manufactured home bearing, or required to bear, a construction seal or label as provided in subpart 1 unless the person has complied with part 1350.3800.

Subp. 3. Requirement for installation seals.

No person shall install or connect to any manufactured home or manufactured home accessory structure a support or anchoring system unless the system and installation comply with parts 1350.0100 to 1350.6900. The installer shall affix the correct installation seals to the manufactured home or the manufactured home accessory structure installed in compliance with parts 1350.0100 to 1350.6900. Evidence of compliance shall be supported by the submission of a certificate to the commissioner, the retailer, and the manufactured home owner. Installation seals and certificates are required for all manufactured homes installed in Minnesota, including those in a municipality enforcing the State Building Code. Exceptions to the requirement for seals and certificates apply to manufactured homes installed on a federal reservation or by the homeowner of the manufactured home. Retailers shall submit documentation to the commissioner for manufactured homes installed according to the exception for seals and certificates on a form provided by the commissioner. A permit to install a manufactured home in a municipality enforcing the State Building Code is required by the municipality.

Subp. 4. Seals for incomplete installations.

When climatic conditions interfere with the completion of installation, the dealer or installer will assign an installation seal for the manufactured home incompletely installed and notify the commissioner stating the condition prohibiting the completion of the installation using the form issued by the commissioner. A copy of this notice shall be provided to the owner. When climatic conditions permit the completion of installation, the installation will be promptly completed and the installation seal affixed to the manufactured home. The installation compliance certificate shall be provided to the commissioner and the owner. A building official may approve, in writing, a permanent installation of a manufactured home between the dates of November 15 and March 31 if the building official determines that climatic conditions would not prevent completion of a permanent installation.

Subp. 5. Requirement for manufactured home accessory structure seal.

No person shall install or connect to any manufactured home a subordinate structure manufactured after September 1, 1974, unless the accessory structure complies with parts 1350.0100 to 1350.9200 and the code and bears a manufactured home accessory structure seal and is accompanied by a certificate by the manufacturer or dealer evidencing that it complies with the code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.0500 Acquisition of Labels and Seals; Installer Licensing

Subpart 1. Acquisition of labels.

United States Department of Housing and Urban Development labels are acquired by the manufacturer from the secretary pursuant to the act.

Subp. 2. Acquisition of replacement construction seals.

A person may qualify for replacement seals by furnishing proof on forms furnished by the commissioner that the manufactured home to which the seal or label was affixed was manufactured in compliance with the State or Federal Manufactured Home Building Code and has not been brought out of conformance because of damage, additions, or alterations.

Subp. 3. Acquisition of accessory structure seals.

Any manufacturer of accessory structures shall qualify for acquisition of an accessory structure seal by obtaining plan approval pursuant to parts 1350.1300 to 1350.2000 and quality control approval pursuant to part 1350.3500.

Subp. 4. Installer licensing; proper seal issuance; proper code or standard application.

Application for installer licensing shall be issued by the Department of Labor and Industry as required by Minnesota Statutes, section 326B.83. Installer license verification must be submitted as supporting evidence to the commissioner of labor and industry to establish that installation seals issued to an installer will be affixed only to those manufactured homes where the support system and ground anchoring system installations comply with parts 1350.0100 to 1350.6900, applicable State Building Code provisions, or federal installation standards. The State Building Code provisions or federal installation standards that apply to the installation are dependent upon the date that the home was manufactured.

Subp. 5. Acquisition of installation seals.

Any licensed installer shall qualify for acquisition of installation seals by providing proof of licensure in good standing that has been issued by the commissioner or a reciprocal manufactured home licensing program in another state or federal jurisdiction of the United States that has been approved by the commissioner.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; L 2007 c 140 art 1 s 1; art 8 s 30; art 13 s 4; 34 SR 866

Minn. R. 1350.0600 Application for Seals

Subpart 1. Application for replacement construction seals.

Any person who has met the applicable requirements of part 1350.0500 shall apply for replacement construction seals using the forms issued by the commissioner. The application shall be accompanied by the replacement construction seal fee in part 1350.6500.

Subp. 2. Application for installation seals.

Any installer who has met the applicable requirements of part 1350.0500 shall apply for installation seals. The application shall be on forms issued by the commissioner, and the application shall be accompanied by the installation seal fee in part 1350.6500.

Subp. 3. Application for accessory structure seals.

Any manufacturer of manufactured home accessory structures who has met the applicable requirements of part 1350.0500 shall apply for accessory structure seals. The application shall be on the forms issued by the commissioner, and the application shall be accompanied by the accessory structure seal fee in part 1350.6500.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.0700 Denial and Repossession of Seals

Subpart 1. Installation seals.

Should investigation or inspection reveal that an installer has not installed a manufactured home according to parts 1350.0100 to 1350.6900 and the code, the commissioner may deny the installer's application for new installation seals, and any installation seals previously issued shall be confiscated. Upon satisfactory proof of modification of such installation bringing it into compliance, the installer may resubmit an application for installation seals.

Subp. 2. Accessory seals.

Should investigation or inspection reveal that a manufacturer is not constructing manufactured home accessory structures according to plans approved by the commissioner, and the manufacturer, after having been served with a notice setting forth in what respect the provisions of parts 1350.0100 to 1350.6900 and the code have been violated, continues to manufacture manufactured home accessory structures in violation of parts 1350.0100 to 1350.6900 and the code, applications for new accessory seals shall be denied, and the accessory seals previously issued shall be confiscated. Upon satisfactory proof of compliance the manufacturer may resubmit an application for accessory seals.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.0800 Seal or Label Removal

Subpart 1. Construction seals or labels.

If any manufactured home bearing the construction seal or label or any manufactured home once sold to a consumer is found to be in violation of the code, the commissioner may remove the construction seal or label after furnishing the owner or the owner's agent with a written statement of the violation. The commissioner shall not issue a replacement construction seal until corrections have been made and the owner or agent has requested an inspection pursuant to part 1350.2100.

Subp. 2. Installation seals.

Should a violation of the rules regarding installation be found, the commissioner may remove the installation seal after furnishing the owner or the owner's agent with a written statement of the violation. The commissioner shall not issue a new installation seal until corrections have been made and the owner or agent has requested an inspection pursuant to part 1350.2100.

Subp. 3. Accessory structure seals.

If any accessory structure bearing the accessory structure seal is found to be in violation of the code, the commissioner may remove the accessory structure seal after furnishing the owner or the owner's agent with a written statement of the violation. The commissioner shall not issue a new accessory structure seal until corrections have been made and the owner or agent has requested an inspection pursuant to part 1350.2100.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846

Minn. R. 1350.0900 Placement and Location of Seals

Subpart 1. Replacement construction seals.

Each replacement construction seal shall be assigned and affixed to a specific manufactured home. Assigned replacement construction seals are not transferable and are void when not affixed as assigned, and all voided replacement construction seals or original HUD labels shall be returned to, or may be confiscated by, the commissioner.

The replacement construction seal shall be securely affixed to the rear of the manufactured home on the lower left corner of the exterior wall.

Subp. 2. Installation seals.

Only one installation seal shall be assigned to a manufactured home whether the manufactured home consists of one or multiple units. The installation seal shall be placed in a readily visible location adjacent to the primary label or construction seal. Appropriate installation seals shall be affixed to each accessory structure.

Subp. 3. Accessory structure seals.

Each accessory structure seal shall be assigned and affixed to a specific accessory structure. Assigned accessory structure seals are not transferable and are void when not affixed as assigned, and all such accessory structure seals shall be returned to, or may be confiscated by, the commissioner. The accessory structure seal shall remain the property of the commissioner and may be reappropriated by the commissioner in the event of violation of the conditions of approval. Multiple unit accessory structures shall be assigned and bear consecutively serial numbered accessory structure seals.

The accessory structure seal shall be securely affixed in a readily visible location.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.1000 Lost or Damaged Seals or Labels

Subpart 1. Construction seals or labels.

When a construction seal or label is lost or damaged, the commissioner shall be notified in writing by the owner. The owner shall identify the manufacturer, the manufactured home serial number, the date of manufacture, if known, and when possible, the construction seal or label serial number.

All damaged construction seals or labels shall be promptly returned. Damaged and lost construction seals or labels shall be replaced by the commissioner with a replacement construction seal bearing the date of issue upon payment of the replacement construction seal fee as provided in part 1350.6500, and proof of compliance of the manufactured home to the manufactured home code.

Subp. 2. Installation seals.

When an installation seal is lost or damaged, the commissioner shall be notified in writing. The notice shall identify the construction seal serial number, the manufactured home manufacturer, the manufacturers' serial number and the location of the installation, the original date of installation of the manufactured home including the installation seal serial number. Damaged or lost installation seals shall be replaced by the commissioner upon payment of the installation seal fee as provided in part 1350.6500.

Subp. 3. Accessory structure seals.

When an accessory structure accessory seal is lost or damaged, the commissioner shall be notified in writing by the owner. The owner shall identify the manufacturer, the manufactured home accessory structure serial number, the date of manufacture, if known, and when possible, the accessory structure seal serial number.

All damaged accessory structure seals shall be promptly returned. Damaged and lost accessory structure seals shall be replaced by the commissioner with a new accessory structure seal bearing the date of issue of the original accessory structure seal upon payment of the replacement accessory structure seal fee as provided in part 1350.6500.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.1100 Return of Seals

Subpart 1. Installation seals.

Upon discontinuing the installation of manufactured homes, an installer shall notify the commissioner in writing within ten days of the date of such discontinuance and return all unused installation seals that have been issued to the installer. Installation seals may not be transferred by any installer. Upon return of the unused installation seals, a refund, minus an administrative fee of 20 percent of the total value of the seals, must be issued by the commissioner to the installer returning the seals.

Subp. 2. Accessory structure seals.

When a manufactured home manufacturer of accessory structures discontinues production of a model carrying the commissioner's plan approval, the manufacturer shall, within ten days, advise the commissioner of the date of such discontinuance and either return all seals allocated for such discontinued accessory structure model or assign the seals to other approved accessory structure models.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.10
History: 17 SR 1279; 34 SR 866

Minn. R. 1350.1200 Compliance Certificate

Subpart 1. Installation compliance certificate.

The installer shall provide the commissioner with an installation compliance certificate required in part 1350.0400. The installation compliance certificate shall be issued by the commissioner.

Subp. 2. Manufactured home accessory structure compliance certificate.

A manufacturer shall provide the commissioner with a manufactured home accessory structure compliance certificate required in part 1350.0400. Manufactured home accessory structure compliance certificate forms shall be issued by the commissioner.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.1300 Plans Required

To obtain plan approval a manufacturer shall submit plans for an accessory structure model or model group and for structural, electrical, mechanical, and plumbing systems, where such systems are involved in the construction. The plans shall include installation requirements.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.1400 Application for Manufactured Home Accessory Structure Approval

Subpart 1. Contents; generally.

An application for a manufactured home accessory structure approval shall contain the following:

A. name and address of manufacturer;

B. location of plant where manufacture will take place;

C. identification of plans, specifications, or other documents being submitted; and

D. identification of approved quality control procedures and manual.

Subp. 2. Plans and specifications.

Submissions of required plans and specifications shall be in duplicate and shall include, but not be limited to, the following:

A. a dimensioned floor plan(s);

B. proposed use of rooms and method of light and ventilation;

C. size, type, and location of windows and exterior doors;

D. type and location of all appliances and fixtures;

E. type, size, and location of plumbing, drain, water, gas, and electrical connections;

F. type and location of all electrical outlets (receptacles and lights);

G. number of outlets and appliances on each circuit and circuit rating;

H. installation details and instructions for accessory structures;

I. mechanical layout for heating or cooling;

J. heating and cooling load calculations;

K. structural calculations;

L. engineered truss drawings or rafter calculations; and

M. approval letter from home manufacturer allowing addition of accessory structure for new manufactured homes subject to the limited warranty of merchantability and fitness.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.1500 Application for Support and Anchoring Systems Approval

Subpart 1. Contents.

All support and anchor systems equipment manufacturers shall submit plans, structural details, specifications, installation instructions, and test reports prepared by an independent testing agency, including engineering calculations in such detail as is necessary for evaluation and approval of support and anchoring systems based on parts 1350.2500 to 1350.3200.

Subp. 2. Approval.

Approval of support and anchoring systems is required from all equipment manufacturers.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.1600 Equipment and Systems

The commissioner may approve equipment and installations which are approved by a recognized testing agency. Equipment and installations not approved by a recognized testing agency may be approved when the commissioner determines such equipment and installations comply with the code.

History

Statutory Authority: MS s 327.33
History: 17 SR 1279

Minn. R. 1350.1700 Nonconforming Plans, Specifications, and Supporting Data

Should the plans, specifications, and supporting data not conform with parts 1350.0100 to 1350.6900 and the code, the applicant shall be notified in writing by the commissioner. Should the applicant fail to submit corrected information in accordance with the commissioner's request, the application will be deemed abandoned and all fees due will be forfeited to the state. Additional submissions shall be processed as new applications.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.1800 Evidence of Commissioner's Approval

Approved plans and specifications for accessory structures and support and anchoring systems shall be evidenced by the stamp of approval of the commissioner and the assignment of an approval number to evidence approval. Installation instructions shall be supplied by the manufacturer and shall reference the Minnesota approval number.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.1900 Support and Anchoring Systems Approval Expiration

Approval of support and anchoring systems shall expire when the commissioner adopts revisions to requirements under which approval was granted unless the manufacturer submits evidence to the commissioner establishing that the plans are in compliance with the code as revised.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.2000 Changes to Approved Support and Anchoring Systems

Where the manufacturer proposes changes to approved support and anchoring systems, two sets of supplemental details shall be submitted to the commissioner for review and approval. Approved changes will be reflected in the approval number identification previously assigned by the commissioner.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.2100 Inspection Requests

Any person manufacturing manufactured homes or any person selling, offering for sale, or parking any manufactured home in any mobile home park in the state, or any dealer or installer of manufactured homes, or any person holding title, may request the commissioner to make an inspection of any manufactured home manufactured after July 1, 1972. Additionally, any person listed above may request an inspection of the installation, support, and anchoring system of the manufactured home. Inspection requests must be made on "Application for Inspection" forms, available from the commissioner. In connection with requested inspections, the commissioner may require the submission of plans, specifications, calculations, and test results.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.2200 Action After Requested Inspection

If the manufactured home inspected meets the requirements of the code, if plan approval has been obtained, and if all applicable fees have been remitted, the applicant may apply for a replacement construction seal. If the requested inspection was to determine compliance with respect to support and anchoring requirements and if all applicable fees have been remitted, the applicant may apply for an installation seal.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.2300 Other Inspections

Subpart 1. Facility inspections.

In addition to making inspections on request, the commissioner shall make periodic inspections of the facilities of persons who are subject to the code and parts 1350.0100 to 1350.9200. The inspections shall include oversight inspections at the in-state manufactured home manufacturing facilities to review the manufacturer's consumer complaint handling and notification and correction as required by parts 1350.3900 to 1350.5700. Oversight inspections shall be made annually. The frequency of oversight inspections may be increased when the need is indicated by the number of consumer complaints received by the commissioner.

Subp. 2. Installation inspections.

Every manufactured home installed in Minnesota after January 1, 2009, must have the installation inspected by the commissioner, the local authority having jurisdiction, or an inspection agency authorized by the commissioner or the secretary.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.2400 Notice of Correction

When an inspection reveals that a manufactured home or the home's installation is in violation of the construction code to which the home was manufactured, or parts 1350.0100 to 1350.9200, the commissioner or local authority having jurisdiction shall serve upon the owner or the owner's agent a notice specifying the required correction. An owner or agent so served shall not move the manufactured home from the premises until such time as the commissioner or local authority having jurisdiction determines that the manufactured home has been brought into compliance with the construction code to which the home was manufactured, and parts 1350.0100 to 1350.9200.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846; 34 SR 866

Minn. R. 1350.2500 Stabilizing Systems for Manufactured Home Installation

Stabilizing devices installed at the site of occupancy shall comply with State Building Code, chapter 1350, and Code of Federal Regulations, title 24, part 3285.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.2600 Instructions and Designs

Subpart 1. Manufacturer's installation instructions.

Each manufactured home shall have its stabilizing system installed according to the manufactured home manufacturer's installation instructions. The manufacturer's instructions shall include a typical support system designed by an engineer or architect to support the anticipated loads that the manufacturer's installation instructions specify for the design zone, including the climatic region, of installation. The instructions shall also meet the requirements of parts 1350.3900 to 1350.5700, for manufactured homes manufactured prior to January 1, 2009. Manufactured homes manufactured on or after January 1, 2009, must comply with the manufacturer's instructions or Code of Federal Regulations, title 24, part 3285. These instructions shall be left with the manufactured home following completion of the installation.

Footings shall be sized to support the loads shown in these instructions.

Stabilizing devices not provided with the manufactured home shall meet or exceed the design and capacity requirements of the manufactured home manufacturer and parts 1350.2500 to 1350.3200 and shall be installed according to the manufactured home manufacturer's installation instructions.

Foundation systems shall be in compliance with the State Building Code.

No portion of a manufactured home shall be removed during installation or when located on its home site unless it is designed to be removable and is removed according to the manufacturer's instructions.

Subp. 2. Stabilizing system design.

Manufactured homes manufactured prior to September 1974 not provided with manufacturer's instructions for stabilizing devices and their installation shall be provided with anchoring and support systems designed by a registered professional engineer or shall comply with the following requirements:

A. The minimum number of ties per side for various lengths of manufactured homes shall be according to part 1350.3200.

B. Ties shall be as evenly spaced as practicable along the length of the manufactured home with not more than eight feet open-end spacing on each end.

C. When continuous straps are provided as vertical ties, the ties shall be positioned at rafters and studs. Where a vertical tie and diagonal tie are located at the same place, both ties may be connected to a single ground anchor, provided that the anchor used is capable of carrying both loadings.

D. Clerestory roofs and add-on sections of expandable manufactured homes shall have provisions for vertical ties at the exposed ends.

E. Protection shall be provided at sharp corners where the anchoring system requires the use of external cables or straps. Protection shall also be provided to minimize damage to roofing or siding by the cable or strap.

F. If the alternate method incorporating baling straps specified in part 1350.3200 is used, the baling straps shall be wrapped completely around the manufactured home passing under the main steel frame, with both ends of each strap fastened together under tension. The straps shall be according to part 1350.2800. The method used to connect the ends of the strap shall not reduce the allowable working load and overload.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.2700 Foundation and Support Systems

Subpart 1. General.

Each manufactured home shall be installed on a foundation system or shall have a support system as specified in this part. A minimum clearance of 12 inches shall be maintained beneath the underside of the main frame (I-beam or channel beam) in the area of utility connections when the manufactured home is not installed on a foundation system.

Subp. 2. Manufactured homes with installation instructions.

Individual footings and load-bearing piers or listed supports shall be sized and located to support the loads specified in the manufacturer's installation instructions to ensure that the manufacturer's warranty remains valid.

Subp. 3. Manufactured homes for which installation instructions are not available.

Unless the entire support system is designed by a registered professional engineer, and approved by the authority having jurisdiction prior to installation, supports shall be spaced not more than ten feet apart for manufactured homes 12 feet wide or less, and not more than eight feet apart for manufactured homes over 12 feet wide, beginning from the front wall of the manufactured home, with not more than two feet open-end spacing at the area of the main frame. Supports shall be installed directly under the main frame (or chassis) of the manufactured home. Methods other than those specified herein shall be approved prior to installation by the authority having jurisdiction. Double-wide manufactured homes built with a conventional frame shall have additional supports placed under the center (mating) line at each end wall, and at the support columns located at the sides of center wall openings eight feet in width or greater. The supports shall be constructed to withstand the weight calculated by multiplying one-half the width of the opening (in feet) times one-half the width of the home (in feet) multiplied by 37-1/2 pounds per square foot. (30-pound snow load and 7-1/2 pound roof load.)

Subp. 4. Footings.

The required load-bearing capacity of individual load-bearing supports and their footings shall be calculated at not less than a combined live and dead load of 95 pounds per square foot. Footings shall be adequate in size to withstand the tributary live and dead loads of the manufactured home and any concentrated loads.

Footings shall be at least 16-inch by 16-inch by four-inch solid concrete blocks or other product approved for the use intended. As an alternate, two eight-inch by 16-inch by four-inch solid concrete blocks can be used as footings provided the joint between the blocks is parallel to the steel I-beam frame.

Footings or pier foundations, when required, shall be placed level on firm undisturbed soil or on controlled fill which is free of grass and organic materials, compacted to a minimum load-bearing capacity of 2,000 pounds per square foot (unless otherwise approved by an engineer). Where unusual soil conditions exist as determined by the authority having jurisdiction, footings shall be designed specifically for such conditions.

Subp. 5. Piers.

Piers or load-bearing supports or devices shall be designed and constructed to evenly distribute the loads. Piers shall be securely attached to the frame of the manufactured home or shall extend at least six inches from the centerline of the frame member. Load-bearing supports or devices shall be listed and labeled, or shall be designed by a registered professional engineer, and shall be approved for the use intended, prior to installation, or piers shall be constructed as follows:

A. Piers less than 40 inches in height shall be constructed of open or closed cell, eight-inch by 16-inch concrete blocks (with open cells vertically placed upon the footing). Single-stacked block piers shall be installed with the 16-inch dimension perpendicular to the main (I-beam) frame. The piers shall be covered with a two-inch by eight-inch by 16-inch wood or concrete cap. (See part 1350.3300, subpart 1).

B. Subject to the limitations of subpart 6, piers between 40 to 80 inches in height and all corner piers over three blocks high shall be double blocked with blocks interlocked and capped with a four-inch by 16-inch by 16-inch solid concrete block, or equivalent. (See part 1350.3300, subpart 2).

C. Subject to the limitations of subpart 6, piers over 80 inches in height shall be constructed in compliance with item B, and they shall be laid in concrete mortar and steel reinforcing bars inserted in block cells filled with concrete. (See part 1350.3300, subparts 3 and 4).

Subp. 6. Elevated manufactured homes.

When more than one-fourth of the area of a manufactured home is installed so that the bottom of the main frame members is more than three feet above ground level, the manufactured home stabilizing system shall be designed by a qualified registered professional engineer and the installation shall be approved prior to installation by the authority having jurisdiction.

Subp. 7. Plates and hardwood shims.

A cushion of wood plate not exceeding two inches in thickness and hardwood shims not exceeding one inch in thickness may be used to fill any gap between the top of the pier and the main frame. Two-inch or four-inch solid concrete blocks may be used to fill the remainder of any gap. Hardwood shims shall be at least four inches wide and six inches long and shall be fitted and driven tight between the wood plate or pier and main frame.

Subp. 8. Skirting material.

Skirting materials, when used, must be of materials resistant to decay and must have a minimum of one square foot of free area ventilation for every 150 square feet of floor area. If skirting is used, a minimum of 24-inch by 18-inch access area must be installed in the skirting. Crawlspace foundation systems must meet the requirements of the State Building Code.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.2800 Anchoring Equipment

Subpart 1. Load requirements.

Anchoring equipment, when installed, shall be capable of resisting an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50 percent overload (4,725 pounds total) without failure of either the anchoring equipment or the attachment point on the manufactured home. When the stabilizing system is designed by a qualified registered professional engineer, alternative working load may be used providing the anchoring equipment is capable of withstanding a 50 percent overload.

Subp. 2. Resistance to weather deterioration.

Anchoring equipment exposed to weathering shall have a resistance to weather deterioration at least equivalent to that provided by a coating of paint or zinc on steel of not less than 0.625 ounces per square foot on each side of the surface coated as determined by ASTM Standard Methods of Test for Weight of Coating on Zinc-coated (galvanized) Iron or Steel Articles (ASTM A90-69). Note: Slit or cut edges of zinc-coated steel strapping do not need to be zinc coated.

Subp. 3. Permanency of connections.

Anchoring equipment shall be designed to prevent self-disconnection when ties are slack. Hook ends shall not be used in any part of the anchoring system.

Subp. 4. Tensioning device design.

Tensioning devices such as turnbuckles or yoke-type fasteners shall be ended with clevis or forged or welded eyes.

Subp. 5. Ties; materials and tension.

Cable or strapping or other approved methods or materials shall be used for ties. All ties shall be fastened to ground anchors and drawn tight with turnbuckles or other adjustable tensioning devices or devices listed with the ground anchor.

Subp. 6. Tie strength.

Tie materials shall be capable of resisting an allowable working load of 3,150 pounds with no more than two percent elongation and shall withstand a 50 percent overload (4,725 pounds total). Ties shall comply with the weathering requirements of subpart 2. Note: Type 1, Class B, Grade 1 steel strapping, 1-1/4 inches wide and 0.035 inch thick, conforming with ASTM Standard Specification D3953-91, Standard Specification for Strapping, Flat Steel, and Seals, is capable of meeting the working load and 50 percent overload specified in this part.

Subp. 7. Tie connections.

Ties shall connect the ground anchor and the main structural steel frame (I-beam or other shape) which runs lengthwise under the manufactured home. Ties shall not connect to steel outrigger beams which fasten to and intersect the main structural frame unless specifically stated in the manufacturer's installation instructions.

Connection of the cable frame tie to the manufactured home I-beam or equivalent main structural frame member shall be by a 5/8-inch drop forged closed eye bolt through a hole drilled in the center of the I-beam web or other approved methods. The web shall be reinforced if necessary to maintain the I-beam strength.

Cable ends shall be secured with at least three U-bolt type cable clamps with the U portion of the clamp installed on the short (dead) end of the cable to ensure strength at least equal to that required by subpart 6.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.2900 Ground Anchors

Subpart 1. Placement and purpose.

Ground anchors, including means for attaching ties, shall be located to effectively match the anchoring system instructions provided by the manufactured home manufacturer, or, if there are no instructions, according to part 1350.2600, and shall be designed and installed to transfer the anchoring loads to the ground.

Subp. 2. Capacity of anchors.

Each ground anchor, when installed, shall be capable of resisting an allowable working load at least equal to 3,150 pounds in the direction of the tie plus a 50 percent overload (4,725 pounds total) without failure. Failure shall be considered to have occurred when the point of connection between the tie and anchor moves more than two inches at 4,725 pounds in the direction of the vertical tie when the anchoring equipment is installed in accordance with the manufacturer's instructions. Those ground anchors which are designed to be installed so that the loads on the anchor are other than direct withdrawal shall be designed and installed to resist an applied design load of 3,150 pounds at 45 degrees from horizontal without displacing the anchor more than four inches horizontally at the point where the tie attaches to the anchor. Anchors designed for connection of multiple ties shall be capable of resisting the combined working load and overload consistent with the intent expressed herein.

Subp. 3. Anchor design and installation.

Each manufactured ground anchor shall be approved pursuant to part 1350.1500 and installed in accordance with the anchor manufacturer's instructions and shall include means of attachment of ties meeting the requirements of part 1350.2800, subpart 5. Ground anchor manufacturer's installation instructions shall include the amount of preload required, the methods of adjustment after installation, and the load capacity in various types of soils. These instructions shall include tensioning adjustments which may be needed to prevent damage to the manufactured home, particularly damage that can be caused by frost heave.

Subp. 4. Information on ground anchor.

Each ground anchor shall have the manufacturer's identification and listed model identification number marked so that the number is visible after installation. Instructions shall accompany each listed ground anchor specifying the types of soil for which the anchor is suitable under the requirements of subpart 2.

Subp. 5. Table of soil types.

For determination of soil types for anchors and soil bearing capacities, refer to the table in Code of Federal Regulations, title 24, part 3285.202, which is included in this part.

Notes:

1 The values provided in this table have not been adjusted for overburden pressure, embedment depth, water table height, or settlement problems.

2 For soils classified as CH or MH, without either torque or probe values or blow count test results, selected anchors must be rated for a 4B soil.

3 The torque test probe is a device for measuring the torque value of soils to assist in evaluating the holding capacity of the soil in which the ground anchor is placed. The shaft must be of suitable length for the full depth of the ground anchor.

4 The torque value is a measure of the load resistance provided by the soil when subject to the turning or twisting force of the probe.

Subp. 6. Use of concrete slabs or continuous footings.

Concrete slabs, piers, or continuous footings that transfer anchor loads to the ground must be constructed and installed according to the anchor manufacturer's instructions or with engineered designs. The anchor loads pertaining to the slabs, piers, or footings shall comply with subpart 2.

Subp. 7. Other anchoring devices.

Other anchoring devices meeting the requirements of this part shall be permitted if approved prior to installation by the authority having jurisdiction.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.3000 Anchor Installation

Each type anchor suitable for this purpose shall have specification data showing the soil classification for which it qualifies. Anchor selection shall be based on a determination of the soil class at the depth the anchor helical plate will be installed. All anchors shall be installed to the full depth shown in the anchor manufacturer's installation instructions.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.3100 Design Loads

The following minimum design live loads shall be applicable in all areas of the state of Minnesota: horizontal, 15 pounds per square foot; vertical/upward, nine pounds per square foot; vertical/downward, 30 pounds per square foot.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.3200 Number of Ties Required

Number of Ties Required Per Side of Single Wide1 Manufactured Homes2.

This table is based on a minimum working load per anchor of 3,150 pounds with a 50 percent overload (4,725 pounds total).

1 Double-wide manufactured homes require only the diagonal ties specified in column 3, and these shall be placed along the outer side walls.

2 Except when the anchoring system is designed and approved by a registered professional engineer.

3 Length of manufactured home (as used in this table) means length excluding draw bar.

4 Alternate method. When this method is used, an approved reinforcement means shall be provided. If baling is used to accomplish this reinforcement, part 1350.2600, subpart 2, item F, applies.

5 Diagonal ties in this method shall deviate at least 40 degrees from vertical.

6 Diagonal ties in this method shall be 45 degrees + 5 degrees from vertical and shall be attached to the nearest main frame member.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.3300 Pier Specifications

Subpart 1. Piers less than 40 inches tall.

Subp. 2. Piers 40 to 80 inches tall.

Subp. 3. Piers over 80 inches tall.

Subp. 4. Piers over 80 inches tall; reinforcement.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.10
History: 34 SR 866

Minn. R. 1350.3400 Utility Connections

Subpart 1. Water connections.

Water piping to manufactured homes shall comply with the Minnesota Plumbing Code, chapter 4714. Upon the completion of a section or the entire water distribution system, it shall be tested in accordance with Code of Federal Regulations, title 24, part 3285.603 (e)1 and 2, and proved airtight with the use of air or water not less than the minimum working pressure under which it is to be used. The water heater must be disconnected when the piping system is air tested. Pipes shall be protected from freezing. Heat tape, when installed, shall be listed and installed in conformance with its listing and the manufacturer's instructions. When the manufactured home is installed on a support system subject to ground movement due to freezing and thawing, approved flexible connectors or semirigid copper tubing shall be used to prevent pipe breakage.

Subp. 2. Sewer connections.

Waste piping from the on-site sewer connection to the manufactured home's drain outlet shall comply with the Minnesota Plumbing Code, chapter 4714. After completion of the drainage system at the site of occupancy, the entire drain/waste/vent system shall be tested by introducing air into the system equal to the pressure on a one-inch water column, or in accordance with Code of Federal Regulations, title 24, section 3280.612 (b), whichever is acceptable to the local authority having jurisdiction. When a manufactured home is installed on a support system subject to ground movement due to freezing and thawing, offsets or approved flexible connectors shall be used to prevent pipe breakage. Both offsets and approved flexible connectors may be used.

Subp. 3. Gas piping.

Gas piping to the manufactured home shall be of adequate capacity rating to supply the connected load. It shall be installed in compliance with the Minnesota State Mechanical Code, chapter 1346. When the manufactured home is installed on a support system subject to ground movement because of freezing and thawing, semirigid copper pipe or a listed manufactured home gas connector for exterior use only shall be installed to prevent pipe breakage. Gas piping shall be protected from physical damage.

Subp. 4. Tests for gas piping.

The manufactured home fuel gas piping system shall be tested before it is connected to the gas supply. Only air shall be used for the test. The manufactured home gas piping system shall be subjected to a pressure test with all appliance shutoff valves, except those ahead of fuel gas cooking appliances, in the open position. Appliance shutoff valves ahead of fuel gas cooking appliances shall be closed.

The test shall consist of air pressure at not less than ten inches nor more than 14 inches water column (six ounces to eight ounces per square inch). The system shall be isolated from the air pressure source and maintain this pressure for not less than ten minutes without perceptible leakage. Upon satisfactory completion of the test, the appliance valves ahead of fuel gas cooking appliances shall be opened, and the gas cooking appliance connectors tested with soapy water or bubble solution while under the pressure remaining in the piping system. Solutions used for testing for leakage shall not contain corrosive chemicals. Pressure shall be measured with either a manometer, slope gage, or gage calibrated in either water inches or pounds per square inch with increments of either one-tenth inch or one-tenth pounds per square inch, as applicable. Upon satisfactory completion of the test, the manufactured home gas supply connector shall be installed and the connections tested with soapy water or bubble solution.

Subp. 5. Electrical connections.

On-site electrical connections to the manufactured home and any on-site electrical wiring required to prepare the manufactured home for occupancy shall be done in conformance with the manufactured home building code and shall be installed and inspected as required by the Minnesota Electrical Act, Minnesota Statutes, sections 326B.32 to 326B.39.

Subp. 5a. Electrical on-site testing.

After completion of all electrical wiring and connections, crossovers, electrical lights, and ceiling fans, the electrical system shall be tested on site by the electrical contractor of record. Tests shall include a continuity test to ensure proper bonding of metallic parts, polarity checks to determine if connections have been properly made, and an operational test on equipment. Continuity, polarity, and operational tests do not apply to water heaters, electric furnaces, dishwashers, clothes washers and dryers, and portable appliances. Smoke alarms and carbon monoxide detectors shall be functionally tested in accordance with the manufacturers' instructions.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; L 2007 c 140 art 5 s 32; art 13 s 4; 34 SR 866; 40 SR 71

Minn. R. 1350.3500 Obtaining Approval of Quality Control

Subpart 1. Procedure.

To obtain quality control approval for an accessory structure manufacturing facility, a manufacturer shall submit a quality control manual pursuant to subpart 2, item A, and consent to investigations and inspections at reasonable hours by the commissioner for field verification of satisfactory quality control.

Subp. 2. Applications.

Applications for approval of quality control manuals shall contain the following:

A. an application in letter form to be accompanied by two copies of the quality control manual containing those items required by item B; and

B. an outline of the procedure which will direct the manufacturer to construct accessory structures according to the approved plans specifying:

Subp. 3. Notice of changes.

Where the manufacturer proposes changes to the quality control manual, two copies of such changes shall be submitted to the commissioner for approval.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.3600 [Repealed, 24 SR 1846]

[Repealed, 24 SR 1846]

Minn. R. 1350.3700 [Repealed, 24 SR 1846]

[Repealed, 24 SR 1846]

Minn. R. 1350.3800 Construction Alterations

Subpart 1. Effect on seal or label.

Any alteration of the construction, plumbing, heating, cooling, fuel-burning system, electrical equipment, installation, or fire safety in a manufactured home that bears a seal or label, prior to receiving review and approval, and prior to obtaining permits, which include necessary inspections, shall void the approval, and the seal or label shall be returned to the commissioner.

Subp. 2. Acts not constituting alterations.

The following shall not constitute an alteration: repairs with approved components or parts; conversion of listed fuel-burning appliances in accordance with the terms of their listing; adjustment and maintenance of equipment; or replacement of equipment in kind.

Subp. 3. Application.

Any person proposing an alteration to a manufactured home bearing a seal or label shall make application for review and approval of the alteration to the commissioner or to the local authority having jurisdiction on the form issued by the commissioner.

Subp. 4. Inspection.

Upon completion of the alteration, the applicant shall request the commissioner or the local authority having jurisdiction to make an inspection pursuant to part 1350.2100 to determine code compliance of the approved alteration.

Subp. 5. Replacement construction seal.

If approvals and inspections for alterations were not obtained, and the home's construction seal or label is removed by the commissioner, or the commissioner ordered removal by the local authority having jurisdiction, then the applicant may apply for a replacement construction seal upon inspection and approval of the alteration. Replacement construction seals shall require submission of an application in accordance with part 1350.0500, subpart 2.

Subp. 6.

[Repealed, 34 SR 866]

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.3850 Dispute Resolution Program

The department received approval from HUD of its compliance with Code of Federal Regulations, title 24, part 3288.210, on February 6, 2008, regarding its dispute resolution program. A request for resolution of a dispute among manufacturers, retailers, and installers may be initiated by any of these parties, in writing, on a form provided by the commissioner. Homeowners may initiate a request for dispute resolution and act as observers, but cannot be recognized as a party to the dispute. A request for dispute resolution will be handled pursuant to this chapter and Minnesota Statutes, sections 327.31 and 327B.01 to 327B.12.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.10
History: 34 SR 866

Minn. R. 1350.3900 Consumer Complaint Handling and Remedial Actions

Parts 1350.3900 to 1350.5700 govern consumer complaint handling and remedial actions.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4000 Purpose

The purpose of parts 1350.3900 to 1350.5700 is to establish a system under which the protections of the act are provided with a minimum of formality and delay, but in which the rights of all parties are protected.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4100 Scope

Parts 1350.3900 to 1350.5700 set out the procedures to be followed by manufacturers, production inspection primary inspection agencies, and the commissioner to assure that manufacturers provide notification and correction with respect to their manufactured homes as required by the act. Parts 1350.3900 to 1350.5700 set out the rights of dealers under United States Code, title 42, section 5412 (1976), and its amendments, to obtain remedies from manufacturers in certain circumstances.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.4200 Consumer Complaints

Under parts 1350.3900 to 1350.5700 all consumer complaints or other information indicating the possible existence of an imminent safety hazard, serious defect, defect, or noncompliance shall be referred to the manufacturer of the potentially affected manufactured homes in a timely manner so that the manufacturer can quickly respond to the consumer and take any necessary remedial actions.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4300 Notification and Correction Requirement

Subpart 1. Requirement.

Notification and correction shall be required to be provided with respect to manufactured homes that have been sold or otherwise released by the manufacturer to another party when the manufacturer, a state administrative agency, the commissioner, or the secretary determines that an imminent safety hazard, serious defect, defect, or noncompliance may exist in those manufactured homes.

Subp. 2. Extent of manufacturer's responsibility.

The extent of a manufacturer's responsibility for providing notification or correction shall be governed by the seriousness of problems for which the manufacturer is responsible under parts 1350.3900 to 1350.5700.

Subp. 3. Limitation of manufacturer's liability to provide remedial action.

The liability of manufactured home manufacturers to provide remedial actions under parts 1350.3900 to 1350.5700 is limited by the principle that manufacturers are not responsible for failures that occur in manufactured homes or components solely as the result of normal wear and aging, gross and unforeseeable consumer abuse, or unforeseeable neglect of maintenance.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4400 Consumer Complaint and Information Referral

When a consumer complaint or other information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard is received by the commissioner, the commissioner shall forward the complaint or other information to the manufacturer of the manufactured home in question. The commissioner shall, when it appears from the complaint or other information that more than one manufactured home may be involved, simultaneously send a copy of the complaint or other information to the state administrative agency of the state where the manufactured home was manufactured or to the secretary if there is no such state administrative agency, and when it appears that an imminent safety hazard or serious defect may be involved, simultaneously send a copy to the secretary.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4500 Notification Pursuant to Manufacturer's Determination

Subpart 1. Notice requirement.

The manufacturer shall provide notification as set out in parts 1350.3800 to 1350.5700 with respect to all manufactured homes produced by the manufacturer in which there exists or may exist an imminent safety hazard or serious defect. The manufacturer shall provide such notification with respect to manufactured homes produced by the manufacturer in which a defect exists or may exist if the manufacturer has information indicating that the defect may exist in a class of manufactured homes that is identifiable because the cause of the defect or defects actually known to the manufacturer is such that the same defect would probably have been systematically introduced into more than one manufactured home during the course of production. This information may include, but is not limited to, complaints that can be traced to the same cause, defects known to exist in supplies of components or parts, information related to the performance of a particular employee, and information indicating a failure to follow quality control procedures with respect to a particular aspect of the manufactured home. A manufacturer is required to provide notification with respect to a noncompliance only after the issuance of a final determination under part 1350.4800.

Subp. 2. Investigations and inspections.

Whenever the manufacturer receives from any source information that may indicate the existence of a problem in a manufactured home for which the manufacturer is responsible for providing notification under subpart 1, the manufacturer shall, as soon as possible, but not later than 20 days after receiving the information, carry out any necessary investigations and inspections to determine and shall determine whether the manufacturer is responsible for providing notification under subpart 1. The manufacturer shall maintain complete records of all such information and determinations in a form that will allow the commissioner to discern readily who made the determination with respect to a particular piece of information, what the determination was, and the basis for the determination. The records shall be kept for a minimum of five years from the date the manufacturer received the information. Consumer complaints or other information indicating the possible existence of noncompliances or defects received before August 16, 1982, shall, for purposes of this subpart, be deemed to have been received August 16, 1982.

Subp. 3. Preparation of plan.

If a manufacturer determines under subpart 2 that the manufacturer is responsible for providing notification under subpart 1, the manufacturer shall prepare a plan for notification as set out in part 1350.5000. Where the manufacturer is required to correct under part 1350.4700, the manufacturer shall include in the plan provision for correction of affected manufactured homes.

Subp. 4. Submission of plan.

The manufacturer shall, as soon as possible, but not later than 20 days after making the determination, submit the plan to the commissioner.

However, where only one manufactured home is involved, the manufacturer need not submit the plan if the manufacturer corrects the manufactured home within the 20-day period. The manufacturer shall maintain, in the plant where the manufactured home was manufactured, a complete record of the correction. The record shall describe briefly the facts of the case and state what corrective actions were taken. It shall be maintained in a separate file in a form that will allow the commissioner to review all such corrections.

Subp. 5. Action after approval of plan.

Upon approval of the plan with any necessary changes, the manufacturer shall carry out the approved plan within the time limits stated in it.

Subp. 6. Action before plan approval.

The manufacturer may act before obtaining approval of the plan. However, such action is subject to review and disapproval by the commissioner except to the extent that agreement to the correction is obtained as described in this subpart. To ensure that the corrective action will be accepted, the manufacturer may obtain the agreement of the commissioner that the corrective action is adequate before the correction is made regardless of whether a plan has been submitted under subpart 4. If an agreement is obtained, the correction shall be accepted as adequate by the commissioner if the correction is made as agreed to and any imminent safety hazard or serious defect is eliminated.

Subp. 7. Waiver of formal plan approval and notification.

If the manufacturer wishes to obtain a waiver of the formal plan approval and notification requirements that would result from a determination under subpart 2, the manufacturer may act under this subpart. The plan approval and notification requirements shall be waived by the commissioner who would otherwise review the plan under subpart 4 if:

A. the manufacturer, before the expiration of the time period determined under subpart 4, shows to the satisfaction of the commissioner through documentation that:

B. the manufacturer corrects all affected manufactured homes within 60 days of being informed that the request for waiver has been accepted. The formal plan and notification requirements are waived pending final resolution of a waiver request under subpart 7 as of the date of the request. If a waiver request is not accepted, the plan called for by subparts 3 and 4 shall be submitted within five days after the manufacturer is notified that the request was not accepted.

Subp. 8. Classification of problem.

When a manufacturer acts under subparts 1 to 7, the manufacturer will not be required to classify the problem that triggered the action as a noncompliance, defect, serious defect, or imminent safety hazard.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.4600 Responsibilities of Commissioner

Subpart 1. Consumer complaints.

The commissioner shall oversee the handling of consumer complaints by manufacturers within this state. As part of that responsibility, the commissioner shall monitor manufacturer compliance with parts 1350.3900 to 1350.5700, and particularly with part 1350.4500. This monitoring will be done primarily by periodically checking the records that manufacturers are required to keep under part 1350.4500, subpart 2.

Subp. 2. Preliminary determination.

If the commissioner finds under subpart 1 that a manufacturer has failed to comply with part 1350.4500 or if the commissioner finds that the manufacturer has decided not to act under part 1350.4500, subparts 3 and 4 and the commissioner believes the manufacturer is required to act, or if the manufacturer failed to fulfill the requirements of part 1350.4500, subpart 7 after requesting a waiver, the preliminary determination shall be made that the commissioner deems appropriate under part 1350.4800. However, if the affected manufactured homes were manufactured in more than one state or if it appears that the appropriate preliminary determination would be an imminent safety hazard or serious defect, the commissioner shall refer the matter to the secretary.

Subp. 3. Preliminary determinations under part 1350.4800.

Where the commissioner who is reviewing a plan under part 1350.4500, subpart 4 finds that the manufacturer is not acting reasonably in refusing to accept changes to a proposed plan, the commissioner shall make such preliminary determinations as may be appropriate under part 1350.4800. However, if it appears that it would be appropriate to make a preliminary determination of imminent safety hazard or serious defect, the commissioner shall refer the matter to the secretary.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846

Minn. R. 1350.4700 Required Manufacturer Correction

A manufacturer required to furnish notification under part 1350.4500 or 1350.4800 shall correct, at its expense, any imminent safety hazard or serious defect that can be related to an error in design or assembly for the manufactured home by the manufacturer, including an error in design or assembly of any component or system incorporated in the manufactured home by the manufacturer.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4800 Notification and Correction Pursuant to Administrative Determination

Subpart 1. Preliminary determinations.

Whenever the commissioner has information indicating the possible existence of an imminent safety hazard or serious defect in a manufactured home, the commissioner may issue a preliminary determination to that effect to the manufacturer.

Whenever the information indicates that the manufacturer is required to correct the imminent safety hazard or serious defect under part 1350.4700, the commissioner shall issue a preliminary determination to that effect to the manufacturer. Whenever the commissioner has information indicating that a defect or noncompliance may exist in a class of manufactured homes that is identifiable because the cause of the defect or noncompliance is such that the same defect or noncompliance would probably have been systematically introduced into more than one manufactured home during production, and whenever all manufactured homes in the class appear to have been manufactured in this state, the commissioner may issue a preliminary determination of defect or noncompliance to the manufacturer. Information on which the commissioner will base a conclusion that an affected class of manufactured homes exists consists of complaints that can be traced to the same cause, defects known to exist in supplies of components or parts, information related to the performance of a particular employee, and information indicating a failure to follow quality control procedures with respect to a particular aspect of the manufactured home. If, during the course of these proceedings, evidence arises that indicates that manufactured homes in the same identifiable class were manufactured in more than one state, the commissioner shall refer the matter to the secretary.

Subp. 2. Notice and request for hearing or presentation of views.

Notice of the preliminary determination under subpart 1 shall be sent by certified mail. It shall include the factual basis for the determination and the identifying criteria of the manufactured homes known to be affected and those believed to be in the class of possibly affected manufactured homes. The notice shall inform the manufacturer that the preliminary determination shall become final unless the manufacturer requests a hearing or presentation of views under parts 1350.6000 to 1350.6200 within 15 days after receiving a notice of preliminary determination of serious defect, defect, or noncompliance, or within five days of receipt of a notice of preliminary determination of imminent safety hazard.

Promptly upon receipt of a manufacturer's request for a hearing or presentation of views meeting, the hearing or presentation shall be held pursuant to parts 1350.6000 to 1350.6200. Parties may propose in writing, at any time, offers of settlement which shall be submitted to and considered by the commissioner. If determined to be appropriate, the party making the offer may be given an opportunity to make an oral presentation in support of the offer. If an offer of settlement is rejected, the party making the offer shall be so notified, and the offer shall be deemed withdrawn and shall not constitute a part of the record in the proceeding. Final acceptance by the commissioner of any offer of settlement shall automatically terminate any proceedings related to it.

Subp. 3. Final determinations.

If the manufacturer fails to respond to the notice of preliminary determination within the time period established in subpart 2, or if the commissioner decides that the views and evidence presented by the manufacturer or others are insufficient to rebut the preliminary determination, the commissioner shall make a final determination that an imminent safety hazard, serious defect, defect, or noncompliance exists. If there is a final determination that an imminent safety hazard, serious defect, defect, or noncompliance exists, the commissioner shall issue an order directing the manufacturer to furnish notification.

Subp. 4. Appeals.

When the commissioner has made a final determination that a defect or noncompliance exists, the manufacturer may appeal to the secretary within ten days after receiving the notice of final determination.

Subp. 5. Waiver of formal notification requirements.

Where a preliminary determination of defect or noncompliance has been issued, the manufacturer may request a waiver of the formal notification requirements at any time during the proceedings called for in subparts 1 to 4 or after the issuance of a final determination and order. The manufacturer may request a waiver from the commissioner. When requesting a waiver, the manufacturer shall certify and provide assurances that:

A. the manufacturer has identified the class of possibly affected manufactured homes in accordance with part 1350.5000;

B. the manufacturer will correct, at the manufacturer's expense, all affected manufactured homes in the class within a time period specified by the commissioner but not later than 60 days after being informed of the acceptance of the request for waiver or issuance of the final determination, whichever is later; and

C. the proposed repairs are adequate to remove the failure to conform or imminent safety hazard that gave rise to the issuance of the preliminary determination. The commissioner shall grant the request or waiver if the manufacturer agrees to an offer of settlement that includes an order that embodies the assurances made by the manufacturer.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.4900 Reimbursement for Prior Correction by Owner

A manufacturer that is required to correct under part 1350.4700 or who decides to correct and obtain a waiver under part 1350.4500, subpart 7, or 1350.4800, subpart 5, shall provide reimbursement for reasonable cost of correction to any owner of an affected manufactured home who chooses to make the correction before the manufacturer does.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.5000 Manufacturer's Plan for Notification and Correction

Subpart 1. Basic requirement.

Subparts 1 to 6 set out the requirements that manufacturers shall meet in preparing plans they are required to submit under part 1350.4500, subparts 3 and 4. The underlying requirement is that a plan show how the manufacturer will fulfill its responsibilities with respect to notification and correction.

Subp. 2. Copy of proposed notice.

The plan shall include a copy of the proposed notice that meets the requirements of part 1350.5100.

Subp. 3. Affected class.

The plan shall identify, by serial number and other appropriate identifying criteria, all manufactured homes with respect to which notification is to be provided. The class of manufactured homes with respect to which notification shall be provided and which shall be covered by the plan is that class of manufactured homes that was or is suspected of having been affected by the cause of an imminent safety hazard or failure to conform. The class is identifiable to the extent that the cause of the imminent safety hazard or failure to conform is such that it would probably have been systematically introduced into the manufactured homes in the class during the course of production. In determining the extent of such a class, the manufacturer may rely either upon information that positively identifies the extent of the class or upon information that indicates what manufactured homes were not affected by the same cause, thereby identifying the class by excluding those manufactured homes. Methods that may be used in determining the extent of the class of manufactured homes include, but are not limited to:

A. inspection of manufactured homes produced before and after the manufactured homes known to be affected;

B. inspection of manufacturer quality control records to determine whether quality control procedures were followed;

C. inspection of production inspection primary inspection agency records to determine whether the imminent safety hazard or failure to conform was either detected or specifically found not to exist in some manufactured homes;

D. inspection of the design of the manufactured home in question to determine whether the imminent safety hazard or failure to conform resulted from the design itself;

E. identification of the cause as relating to a particular employee or process that was employed for a known period of time or in producing the manufactured homes manufactured during that time; and

F. inspection of records relating to components supplied by other parties and known to contain or suspected of containing imminent safety hazards or failures to conform. The class of manufactured homes identified by these methods may include only manufactured homes actually affected by the imminent safety hazard or failure to conform if the manufacturer can identify the precise manufactured homes. If it is not possible to identify the precise manufactured homes, the class shall include manufactured homes suspected of containing the imminent safety hazard or failure to conform because the evidence shows that they may have been affected.

Subp. 4. Production inspection primary inspection agency statement.

The plan shall include a statement by the production inspection primary inspection agency operating in each plant in which manufactured homes in question were produced. In this statement, the production inspection primary inspection agency shall concur in the methods used by the manufacturer to determine the class of potentially affected manufactured homes or state why it believes the methods to have been inappropriate, inadequate, or incorrect.

Subp. 5. Deadline.

The plan shall include a deadline for completion of all notification and corrections.

Subp. 6. Notification.

The plan shall provide for notification by certified mail or other more expeditious means to the dealers or distributors of a manufacturer to whom the manufactured homes were delivered. Where a serious defect or imminent safety hazard is involved, notification shall be sent by certified mail if it is mailed. The plan shall provide for notification by certified mail to the first purchaser of each manufactured home in the class of manufactured homes set out in the plan under subpart 3 and to any subsequent owner who has any warranty provided by the manufacturer or required by federal, state, or local law on the manufactured home that has been transferred, to the extent feasible. However, notification need not be sent to any person known by the manufacturer not to own the manufactured home in question if the manufacturer has a record of a subsequent owner of the manufactured home. The plan shall provide for notification by certified mail to any other person who is a registered owner of each manufactured home containing the imminent safety hazard, serious defect, defect, or noncompliance and whose name has been ascertained pursuant to the manufacturer's records.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.5100 Contents of Notice

Except as otherwise agreed by the commissioner who will review the plan under part 1350.4500, subpart 4, the notification to be sent by the manufacturer shall include the following:

A. an opening statement: "This notice is sent to you in accordance with the requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974";

B. except where the manufacturer is acting under part 1350.4500 the following statement, as appropriate: "(manufacturer's name, or the commissioner, or the secretary)" has determined that:

C. a clear description of the imminent safety hazard, serious defect, defect, or noncompliance which shall include:

D. an evaluation of the risk to manufactured home occupants' safety and the durability of the manufactured home reasonably related to such imminent safety hazard, serious defect, defect, or noncompliance, including:

E. if the manufacturer will correct the manufactured home, a statement that the manufacturer will correct the manufactured home;

F. a statement in accordance with whichever of the following is appropriate:

G. a statement informing the owner that the owner may submit a complaint to the commissioner if the owner believes that the notification or the remedy described in it is inadequate or the manufacturer has failed or is unable to remedy within a reasonable time after the owner's first attempt to obtain a remedy; and

H. a statement that any actions taken by the manufacturer under the act in no way limit the rights of the owner or any other person under any contract or other applicable law and that the owner may have further rights under contract or other applicable law.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.5200 Time for Implementation

Subpart 1. Plan for correction.

The manufacturer shall complete implementation of the plan for correction approved under part 1350.4500, subpart 5 on or before the deadline established in the plan as required by part 1350.5000, subpart 5. The deadline shall allow a reasonable amount of time to complete the plan, taking into account the seriousness of the problem, the number of manufactured homes involved, the immediacy of any risk, and the difficulty of completing the action. The seriousness and immediacy of any risk shall be given greater weight than other considerations. If a manufacturer is required to correct an imminent safety hazard or serious defect under part 1350.4700, the deadline shall be no later than 60 days after approval of the plan.

Subp. 2. Notifications and corrections.

The manufacturer shall complete the implementation of any notifications and corrections being carried out under an order of the commissioner under part 1350.4800 on or before the deadline established in the order. In establishing each deadline, the commissioner shall allow a reasonable time to complete all notifications and corrections, taking into account the seriousness of the imminent safety hazard, serious defect, defect, or noncompliance; the number of manufactured homes involved; the location of the homes; and the extent of correction required. In no case shall the time allowed exceed the following limits: 30 days after the issuance of final determination of imminent safety hazard; and 60 days after the issuance of final determination of serious defect, defect, or noncompliance.

Subp. 3. Extension of time.

The commissioner shall grant an extension of the deadlines included in a plan or order if the manufacturer requests extension in writing and shows good cause for the extension and if the commissioner is satisfied that the extension is justified in the public interest. When the commissioner grants an extension, the commissioner shall notify the manufacturer and forward to the secretary a draft notice of the extension to be published in the Federal Register.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.5300 Completion of Remedial Actions and Report

Subpart 1. Notification.

Where a manufacturer is required to provide notification under parts 1350.3900 to 1350.5700, the manufacturer shall maintain in its files for five years from the date the notification campaign is completed a copy of the notice sent and a complete list of the names and addresses of those persons notified. The files shall be organized so that each notification and correction campaign can be readily identified and reviewed by the commissioner.

Subp. 2. Correction.

Where a manufacturer is required to provide correction under part 1350.4700 or where the manufacturer otherwise corrects under part 1350.4500 or part 1350.4800, subpart 5, the manufacturer shall maintain in its files, for five years from the date the correction campaign is completed, one of the following, as appropriate for each manufactured home involved:

A. where the correction is made, a certification by the manufacturer that the repair was made to satisfy completely the standards in effect at the time the manufactured home was manufactured and that any imminent safety hazard has been eliminated; or

B. where the owner refuses to allow the manufacturer to repair the home, a certification by the manufacturer that the owner has been informed of the problem which may exist in the manufactured home, that the owner has been informed of any risk to safety or durability of the manufactured home which may result from the problem, and that an attempt has been made to repair the problems only to have the owner refuse the repair.

Subp. 3. Additional notifications or corrections.

If any actions taken under parts 1350.3900 to 1350.5700 are not adequate under the approved plan or an order of the commissioner, the manufacturer may be required to provide additional notifications or corrections to satisfy the plan or order.

Subp. 4. Report.

The manufacturer shall, within 30 days after the deadline for completing any notifications and required corrections, under an approved plan or under an order of the commissioner, or any corrections required to obtain a waiver under part 1350.4500, subpart 7, or 1350.4800, subpart 5, provide a complete report of the action taken to the commissioner who approved the plan under part 1350.4500, subpart 4, granted the waiver, or issued the order under part 1350.4800, subpart 3, and to any other state administrative agency or the secretary that forwarded a relevant complaint or information to the manufacturer under part 1350.4400.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.5400 Correction of Certain Hazards and Defects

If, in the course of making corrections under part 1350.5200, the manufacturer creates an imminent safety hazard or serious defect, the manufacturer shall correct the imminent safety hazard or serious defect under part 1350.4700.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.5500 Manufactured Homes in the Hands of Dealers and Distributors

Subpart 1. Responsibility of manufacturer.

The manufacturer is responsible for correcting any failures to conform and imminent safety hazards which exist in manufactured homes which have been sold or otherwise released to a distributor or dealer but which have not yet been sold to a purchaser. Generally this responsibility does not extend to failures to conform or imminent safety hazards that result solely from transit damages that occur after the manufactured home leaves the control of the manufacturer when the home is released by the manufacturer. This part sets out the procedures to be followed by dealers and distributors for handling manufactured homes in these cases. Regardless of whether the manufacturer is responsible for repairing a manufactured home, no dealer or distributor may sell a manufactured home if it contains a failure to conform or an imminent safety hazard.

Subp. 2. Notification and record.

Whenever a dealer or distributor finds a problem in a manufactured home which the manufacturer is responsible for correcting, the dealer or distributor shall contact the manufacturer, provide full information concerning the problem, and request appropriate action by the manufacturer in accord with subpart 4. Where the manufacturer agrees to correct, the manufacturer shall maintain a complete record of its actions. Where the manufacturer authorizes the dealer to make the necessary corrections on a reimbursable basis, the dealer or distributor shall maintain and submit a complete record of its actions to the manufacturer.

Subp. 3. Amount of reimbursement.

An agreement by the manufacturer to correct or to authorize corrections on a reimbursable basis constitutes the commissioner's determination, for purposes of section 613(b) of the act with respect to judicial review of the amount which the manufacturer agrees to reimburse the dealer or distributor for corrections.

Subp. 4. Manufacturer's option.

Upon a final determination by the commissioner under part 1350.4800, or upon a determination by the secretary or a court of competent jurisdiction that a manufactured home fails to conform to the standard or contains an imminent safety hazard after the manufactured home is sold or otherwise released by a manufacturer to a distributor or a dealer and prior to the sale of the manufactured home by the distributor or dealer to a purchaser, the manufacturer shall have the option to either:

A. immediately furnish, at the manufacturer's expense, to the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in the manufactured home, and the manufacturer shall reimburse the distributor or dealer for the reasonable value of the installation plus a reasonable reimbursement of not less than one percent per month of the manufacturer's or distributor's selling price prorated from the date of receipt by certified mail of notice of noncompliance to the date the manufactured home is brought into compliance with the standards, so long as the distributor or dealer proceeds with reasonable diligence with the installation after the part or component is received; or

B. immediately repurchase, at the manufacturer's expense, the manufactured home from the distributor or dealer at the price paid by the distributor or dealer, plus all transportation charges involved and a reasonable reimbursement of not less than one percent per month of the price paid prorated from the date of receipt by certified mail of notice of the imminent safety hazard, serious defect, defect, or noncompliance to the distributor. The value of the reasonable reimbursements shall be fixed by mutual agreement of the parties or by a court in an action brought under section 613(b) of the act. This part does not apply to any manufactured home purchased by a dealer or distributor which has been leased by the dealer or distributor to a tenant for purposes other than resale. In that instance the dealer or distributor has the remedies available to a purchaser under parts 1350.3900 to 1350.5700.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.5600 Notices, Bulletins, and Other Communications

At the time of dispatch, each manufacturer shall give to the commissioner a true or representative copy of all notices, bulletins, and other written communications to the dealers or distributors of the manufacturers regarding any serious defect or imminent safety hazard which may exist in any manufactured homes produced by the manufacturer. Manufacturers shall keep complete records of all other communications with dealers, owners, and purchasers regarding noncompliances and defects.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.5700 Supervision of Notification and Correction Actions

Subpart 1. Notifications and corrections.

The production inspection primary inspection agency in each manufacturing plant shall be responsible for assuring that notifications are sent to all owners, purchasers, dealers, or distributors of whom the manufacturer has knowledge under the requirements of the act. The production inspection primary inspection agency shall be responsible for assuring that the required corrections are carried out by auditing the certificates required by part 1350.5300.

Subp. 2. Accomplishment of remedial actions.

The commissioner or secretary to whom the report required by part 1350.5300, subpart 4 is sent shall be responsible for assuring through oversight that remedial actions described in the report have been carried out.

Subp. 3. Inspection.

The commissioner may inspect a manufactured home to determine whether any required correction is carried out to the approval plan, or, if there is no plan, to the standards or other approval obtained by the manufacturer.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.5800 Reciprocity

Upon a showing that another state provides for the sealing of manufactured homes upon compliance with standards which are at least equal to those provided in the code, the commissioner may provide that a construction seal affixed under the authority of the state shall have the same effect as a seal affixed under authority of this state, and thereafter any manufactured home which bears the seal of such state shall not be required to bear the seal of this state as provided in part 1350.0400. The commissioner may make such reciprocity contingent upon such other granting reciprocal effect to seals affixed under authority of this state. Pursuant to this part, the commissioner has established reciprocity with the following states which have granted reciprocity to Minnesota: Indiana, Illinois, and Wisconsin. This reciprocity applies to manufactured homes manufactured after July 1, 1972, and prior to June 14, 1976.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.5900 Appeals

Any person aggrieved by application of parts 1350.3900 to 1350.5700 may, within 30 days of the time when the grievance arose, appeal to the commissioner. Upon receipt of a timely appeal and the submission of the appropriate fee pursuant to part 1350.6600 by appellant, the commissioner shall review the matter de novo and submit written findings to appellant.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846

Minn. R. 1350.6000 General Policies for Hearings and Presentation of Views Meetings

Subpart 1. Policy.

All hearings and presentations of views meetings shall be public.

Subp. 2. Request.

On receiving a request for a hearing or presentation of views meetings, the commissioner shall either grant the relief for which the hearing or presentation of views meeting is requested or shall issue a notice.

Subp. 3. Notice.

When the commissioner decides to conduct a presentation of views meeting, the commissioner shall provide notice as follows:

A. Except where the need for swift resolution of the question involved prohibits it, notice of a proceeding shall be published in the State Register at least ten days prior to the date of the proceeding. In any case, notice shall be provided to interested persons to the maximum extent practicable. Direct notice shall be sent by certified mail to the parties involved in the presentation of views meeting.

B. The notice, whether published or mailed, shall include a statement of the time, place, and nature of the proceeding; reference to the authority under which the proceeding will be held; a statement of the subject matter of the proceeding, the parties and issues involved; and a statement of the manner in which interested persons shall be afforded the opportunity to participate in the presentation of views meeting.

C. The notice shall designate the official who shall be the presiding officer for the proceedings and to whom all inquiries should be directed concerning the proceedings.

D. The notice shall state whether the proceeding shall be held in accordance with the provisions of part 1350.6100. In determining whether the requirements of part 1350.6100 shall apply, the commissioner shall consider the following: the need for quick action; the risk of injury to affected members of the public; the economic consequences of the decisions to be made; and other factors the commissioner considers appropriate.

E. Oral proceedings shall be stenographically or mechanically reported, or recorded, or transcribed, under the supervision of the presiding officer, unless the presiding officer and the parties otherwise agree, in which case a summary approved by the presiding officer shall be kept.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.6100 Presentation of Views Meetings

Subpart 1. Conduct of meeting.

A presentation of views meeting may be written or oral and may include an opportunity for an oral presentation, whether requested or not, whenever the commissioner concludes that an oral presentation would be in the public interest and states this in the notice. A presiding officer shall preside over all oral presentations. The purpose of these presentations shall be to gather information to allow fully informed decision making. Presentations of views meetings shall not be adversary proceedings. Oral presentations shall be conducted in an informal but orderly manner. The presiding officer shall have the duty and authority to conduct a fair proceeding, to take all necessary action to avoid delay, and to maintain order. In the absence of extraordinary circumstances, the presiding officer at an oral presentation of views meeting shall not require that testimony be given under oath or affirmation and shall not permit either cross-examination of witnesses by other witnesses or their representatives, or the presentation of rebuttal testimony by persons who have already testified. The rules of evidence prevailing in courts of law or equity shall not control the conduct of oral presentation of views meeting.

Subp. 2. Commission's determination.

Within ten days after a presentation of views meeting, the presiding officer shall refer to the commissioner all documentary evidence submitted, any transcript that has been made, a summary of the issues involved, information presented in the presentation of views meeting, and the presiding official's recommendations with the rationale for them. The presiding officer shall make any appropriate statements concerning the apparent veracity of witnesses or the validity of factual assertions which may be within the competence of the presiding officer. The commissioner shall issue a final determination concerning the matters at issue within 30 days of receipt of the presiding officer's summary. The final determination shall include a statement of findings, with specific references to principal supporting items of evidence in the record and conclusions, as well as the reasons or bases for them upon all of the material issues of fact, law, or discretion as presented on the record; and an appropriate order. Notice of the final determination shall be given in writing and transmitted by certified mail, return receipt requested, to all participants in the presentation of views meeting. The final determination shall be conclusive with respect to persons whose interests were represented.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.6200 Public Participation in Presentation of Views Meetings

Subpart 1. Written.

Any interested persons may participate in writing in any presentation of views meeting held under the provision of part 1350.6100. The presiding officer shall consider to the extent practicable any written materials.

Subp. 2. Oral.

Any interested person may participate in the oral portion of any presentation of views meeting held under part 1350.6100 unless the presiding officer determines that participation should be limited or barred so as not to prejudice unduly the rights of the parties directly involved or unnecessarily delay the proceedings.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.6300 Hearings

Whenever the commissioner determines that a formal hearing is necessary in order to resolve the presentation of adversary views on matters governed by parts 1350.0100 to 1350.9200, the hearing shall be conducted according to Minnesota Statutes, chapter 14, governing contested case hearings and applicable provisions of the administrative rules of the Office of Administrative Hearings.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.6400 Form and Remittance of Fees

All remittances shall be in the form of checks or money orders payable to "Minnesota Department of Labor and Industry"; and addressed to: Department of Labor and Industry, 443 Lafayette Road North, Saint Paul, Minnesota 55155.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; L 2003 c 112 art 2 s 50; L 2007 c 140 art 1 s 1; L 2009 c 101 art 2 s 109; 34 SR 866

Minn. R. 1350.6500 [Repealed, 34 SR 866]

[Repealed, 34 SR 866]

Minn. R. 1350.6600 Appeal Fee

The appeal fees are as stated in Minnesota Statutes, section 326B.139.

History

Statutory Authority: MS s 327.33; 327B.01 to 327B.12
History: 24 SR 1846; L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1350.6700 Registration Requirement and Installer Licensing Reciprocity

Subpart 1. Registration.

An installer shall register with the department to obtain seals by providing a copy (proof) of a manufactured home installer's license issued by the commissioner or a reciprocal state or United States jurisdiction prior to obtaining required installation certificates and seals under part 1350.0600, subpart 2. Registration shall be renewed every three years.

Subp. 2. Reciprocity.

An installer who holds and maintains an unexpired license or certificate issued by any state other than Minnesota or by a United States jurisdiction in which the licensing or certification and renewal requirements meet or exceed Minnesota's licensing and renewal requirements as determined by the commissioner is exempt from the requirement to obtain licensure in Minnesota as a manufactured home installer if the installer:

A. provides proof of valid license or certification to the commissioner;

B. provides proof of public liability insurance coverage in the amount of $300,000 per occurrence and $10,000 property damage coverage;

C. posts a bond of at least $2,500; and

D. registers in accordance with subpart 1.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866

Minn. R. 1350.6705 Definitions

Subpart 1. Applicability.

The definitions in this part apply to part 1350.6710.

Subp. 2. Appropriate and related knowledge.

"Appropriate and related knowledge" means facts, information, or principles that are clearly relevant to the installer in performing responsibilities under a license issued by the commissioner. These facts, information, or principles must convey substantive and procedural knowledge as it relates to postlicensing issues and it must be relevant to the technical aspects of a particular area of continuing education.

Subp. 3. Classroom hour.

"Classroom hour" means 50 minutes of continuing education training for every hour of training required.

Subp. 4. Instructor.

"Instructor" means a person approved by the commissioner under part 1350.6710, subpart 2, to act as a trainer, teacher, or presenter of approved manufactured home installer continuing education courses.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.10
History: 34 SR 866

Minn. R. 1350.6710 Licensed Manufactured Home Installer Education

Subpart 1. Installer continuing education requirements.

An installer licensed in Minnesota is required to complete a minimum of 12 classroom hours of continuing education training during every three-year license renewal period, with a minimum of four classroom hours consisting of training in the following areas:

A. an overview of the act and the general regulatory structure of the HUD manufactured housing program;

B. an overview of the manufactured home installation standards and regulations established in Code of Federal Regulations, title 24, parts 3285 and 3286, and applicable Minnesota laws and rules, with specific instruction covering:

C. an overview of the construction and safety standards and regulations found in Code of Federal Regulations, title 24, parts 3280 and 3282;

D. licensing requirements applicable to installers;

E. installer responsibilities for correction of improper installation, including installer obligations under applicable state and HUD manufactured housing dispute resolution programs;

F. inspection requirements and procedures;

G. problem reporting mechanisms;

H. operational checks and adjustments; and

I. penalties for any person's failure to comply with Code of Federal Regulations, title 24, parts 3285, 3286, and 3288, and applicable Minnesota laws and rules. The remaining eight classroom hours of continuing education training must relate to any aspect of manufactured home installation or construction. All continuing education courses must be approved in advance by the commissioner pursuant to subpart 3.

Subp. 2. Approval for instructors.

A. Each continuing education course shall have an instructor who is qualified by education, training, or experience to ensure competent instruction. Failure to have a qualified instructor teach an approved course offering will result in withdrawal of the course approval. Qualified instructors shall have at least one of the following qualifications:

B. Instructors shall:

C. Prohibited practices for instructors, in connection with an approved course, include:

Subp. 3. Course approval.

A. Courses for manufactured home installer continuing education must be approved in advance by the commissioner, pursuant to this subpart, and will be approved on the basis of the applicant's compliance with this subpart. The commissioner shall provide the final approval regarding the course offering. The commissioner reserves the right to audit course offerings with or without notice to the instructor. The burden of demonstrating that courses impart appropriate and related knowledge falls on the person seeking the approval or credit.

B. To obtain course approval, the following procedure must be followed.

C. Course examinations are not required for approved manufactured home continuing education courses, unless they are required by the instructor.

D. Approved courses shall be resubmitted by the instructor to the commissioner for review of course content every three years from the date of the original approval.

Subp. 4. Fees.

Fees for an approved course of study and related materials must be clearly identified to students. In the event that an instructor cancels a course for any reason, all fees must be returned within 15 days of the date of cancellation. If a student is unable to attend a course or cancels the registration for a course, the instructor's policies regarding refunds shall apply.

Subp. 5. Facilities and supplementary materials.

Each continuing education course must be held in a classroom or other facility that is adequate to accommodate the instructors and the number of students enrolled. The instructor may limit the number of students enrolled in a course. An adequate supply of supplementary materials to be used or distributed in connection with an approved course must be available at the time and place of the course offering to ensure that each student receives all of the necessary materials. Outlines and any other materials that are reproduced must be legible.

Subp. 6. Advertising courses.

Advertising for courses must be truthful and not deceptive or misleading. No advertisement, pamphlet, circular, or other similar material pertaining to an approved offering can be circulated or distributed in this state, unless the following statement is prominently displayed: "This course has been approved by the Minnesota Department of Labor and Industry for ....... (approved number of classroom hours) classroom hours for Manufactured Home Licensed Installer continuing education." Advertising for approved courses must be clearly distinguishable from the advertisement for other nonapproved courses. A continuing education course may not be advertised before it has been approved, unless the course is described in the advertising as "approval pending" and the application for approval has been timely submitted to the commissioner and a denial has not been received. The number of classroom hours for which the course has been approved and any testing required for credit must be prominently displayed on the advertisement for the course.

Subp. 7. Withdrawal of approval.

Failure to comply with the requirements of subparts 2 to 6 shall result in the commissioner's withdrawal of the approval for the continuing education credit and hours for the three-year renewal period, qualifications as an approved instructor, or approval for a course offering. Nothing in this part limits the authority of the commissioner from withdrawing an approval pursuant to this part.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.10
History: 34 SR 866

Minn. R. 1350.6800 Other Fees

For all other work performed by the Department of Labor and Industry including, but not limited to, the review of plans, specifications, independent agency reports, quality control evaluations, and on-site inspections, a fee as specified in Minnesota Statutes, section 326B.153, subdivision 1, paragraph (c), shall be charged.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846; L 2007 c 140 art 1 s 1; 34 SR 866

Minn. R. 1350.6900 Reservation of Rights

Nothing in parts 1350.0100 to 1350.6900 shall limit the rights of the purchaser under any contract or applicable law.

History

Statutory Authority: MS s 327.33

Minn. R. 1350.7000 Authority

Parts 1350.7000 to 1350.9200 are adopted by the commissioner pursuant to Minnesota Statutes, section 327B.10, to implement and administer the provisions of Minnesota Statutes, sections 327B.01 to 327B.12, relating to the licensing of manufactured home manufacturers, dealers, limited dealers, and dealers' subagencies.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.7100 Definitions

Subpart 1. Scope.

The terms used in parts 1350.7000 to 1350.9200 have the meanings given them in this part and in Minnesota Statutes, section 327B.01.

Subp. 2. Applicant.

"Applicant" means a person who is applying for a manufactured home manufacturer or dealer license or limited dealer license.

Subp. 3. Commissioner.

"Commissioner" has the meaning given it in part 1350.0100, subpart 12.

Subp. 4. Distributor.

"Distributor" has the meaning given it in part 1350.0100, subpart 19.

Subp. 5. Length of a manufactured home.

"Length of a manufactured home" has the meaning given it in part 1350.0100, subpart 34.

Subp. 6. Licensee.

"Licensee" means a person licensed under Minnesota Statutes, section 327B.04.

Subp. 7. Manufacturer's sale agreement.

"Manufacturer's sale agreement" means a franchise or written contract between a manufacturer and a dealer which authorizes the dealer to sell or distribute manufactured homes made by the manufacturer and establishes such things as the length of the agreement, model names, responsibility for warranty service, any other responsibilities between the parties, and, if applicable, the area of the state under contract to the dealer.

Subp. 7a. Manufactured home park.

"Manufactured home park" means a licensed manufactured home park as required in Minnesota Statutes, section 327.15, and defined in Minnesota Statutes, section 327.14.

Subp. 8. Width of a manufactured home.

"Width of a manufactured home" has the meaning given it in part 1350.0100, subpart 60.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.7200 License Application

Subpart 1. Forms; requirements.

An applicant shall apply for a manufacturer, dealer, limited dealer, or dealer subagency license on forms furnished by the commissioner and shall comply with Minnesota Statutes, section 327B.04.

Subp. 2. Required information.

The kinds of information listed in items A and B satisfy the related requirements in Minnesota Statutes, section 327B.04, subdivisions 3 and 4.

A. An application for a dealer's license must contain the information in subitems (1) to (9):

B. An application for a manufacturer's license must contain the information in subitems (1) to (4):

Subp. 3.

[Repealed, L 2010 c 347 art 3 s 75]

Subp. 4. Copy for applicant's records.

An applicant shall copy the complete application, bond, and any revisions as submitted to the commissioner and shall keep the copies on file at all times at the applicant's principal place of business.

History

Statutory Authority: MS s 326B.02; 326B.101; 326B.106; 326B.13; 327.32; 327.33; 327B.01 to 327B.12
History: 24 SR 1846; 34 SR 866; L 2010 c 347 art 3 s 74,75

Minn. R. 1350.7205 Limited License Application

An applicant shall apply for a limited dealer license pursuant to Minnesota Statutes, section 327B.04, subdivision 8.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.7300 Established Place of Business

Subpart 1. Proof required.

The commissioner shall not grant a dealer license until the applicant has furnished the commissioner with proof that the applicant has an established place of business, as required by Minnesota Statutes, section 327B.04, subdivision 4, and that the requirements in subparts 2 to 7 have been met.

Subp. 2. Building or office space.

An applicant for a dealer license must have a permanent enclosed building, other than a residence, or a commercial office space for the principal place of business and for each subagency location.

A manufactured home, other than a residence, qualifies as an established place of business if it is set up in a permanent manner, it is connected to sewer, water, and electricity, it is skirted, it is owned by the applicant, and it is not being offered for or subject to sale while being used as an office. The owner of a licensed manufactured home park who resides in or adjacent to the park may use the residence as the established place of business required by this subpart, unless prohibited by local zoning ordinance.

Subp. 3. Unimproved sales lots.

Unimproved lots and premises may be used for sale and display of manufactured homes if they are in proximity to a licensed dealer's principal place of business or subagency location so as to avoid confusion or uncertainty as to their relationship to the business. A photo or drawing must be submitted to the commissioner clearly indicating the relationship of the unimproved lot or premises to the business location.

Subp. 4. Unimproved storage lots.

Unimproved lots and premises may be used for storage of manufactured homes. The licensed dealer shall notify the commissioner of the location of the unimproved lot or premises prior to storage of manufactured homes there.

Subp. 5. Photograph.

The licensed dealer shall submit a current photograph which accurately depicts the principal place of business, each subagency location, and unimproved lots to be used for sales and display for which the applicant is requesting a license.

Subp. 6. Deed, contract, or lease.

The licensed dealer shall submit a copy of a valid warranty deed, contract for deed, or lease for a term of not less than one year for the premises housing the principal place of business and each subagency.

Subp. 7. Sole licensed occupant.

Only one licensee, as licensed dealer may own or lease and occupy an established place of business or commercial office space. Two or more licensees may occupy one established place of business if they are related by means of ownership or are one legal entity.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 17 SR 1279; 24 SR 1846

Minn. R. 1350.7400 Manufacturer's Sale Agreement

A dealer shall furnish a copy of the contract or franchise required by Minnesota Statutes, section 327B.04, subdivision 4, clause (b), to the commissioner. The dealer shall notify the commissioner within 14 days of the time when a contract or franchise expires or becomes void.

History

Statutory Authority: MS s 327B.10

Minn. R. 1350.7500 Trust Account

A broker shall establish a trust account with a bank located in this state, and must comply with Minnesota Statutes, section 327B.08, subdivisions 3 to 5. The trust account information must be submitted on a form furnished by the commissioner.

History

Statutory Authority: MS s 327B.10

Minn. R. 1350.7600 Returned Checks

When a check is offered to the commissioner in payment for fees or changes pursuant to parts 1350.7000 to 1350.9200 and the check is returned without payment for any reason, the fee set in Minnesota Statutes, section 327B.04 becomes due and is a part of the total obligation in addition to other consequences permitted by law and parts 1350.7000 to 1350.9200.

History

Statutory Authority: MS s 327B.10
History: L 2010 c 347 art 3 s 74

Minn. R. 1350.7700 Posting of License

A current license must be posted at the principal place of business and at each subagency and at each manufactured home park location in a conspicuous place and clearly visible to all consumer customers. The posted license must be the license issued for the specific location at which it is posted. Only valid licenses may be posted.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.7800 Reapplying for a License

A person whose license has been suspended, revoked, or whose license application has been denied may not reapply for a license until the error, omission, or cause for suspension, revocation, or denial has been corrected to the satisfaction of the commissioner. This does not limit the applicant's rights pursuant to Minnesota Statutes, section 327B.05, subdivision 2.

History

Statutory Authority: MS s 327B.10

Minn. R. 1350.7900 Closing of Principal Place of Business or Subagency

When a dealer or limited dealer closes a principal place of business or dealer subagency, the dealer or limited dealer must notify the commissioner and return the appropriate license certificate within 14 days of the closing.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.8000 License Renewal

Subpart 1. Date of renewal.

Licensees must renew their licenses pursuant to Minnesota Statutes, section 327B.04 and this part. The commissioner shall send out renewal notices by November 15 of the year a license expires. The renewal must be submitted on forms furnished by the commissioner for principal places of business and subagencies, accompanied by the fees in Minnesota Statutes, section 327B.04. License renewal applications must be received by the commissioner no later than December 15 of the year a license expires. All licenses expire at midnight, December 31 of the year of expiration.

Subp. 2.

[Repealed, L 2010 c 347 art 3 s 75]

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846; L 2010 c 347 art 3 s 74,75

Minn. R. 1350.8100 Limited Dealer and Dealer's Records

Subpart 1. Dealer records.

A dealer shall retain copies of all records as required by Minnesota Statutes, section 327B.06, subdivision 1. All records must be retained in one centralized place designated by the dealer. The dealer shall notify the commissioner as to the location of the records either at the principal or subagency location. All records shall be on file at the dealers designated location within 14 days after the closing of the sales transaction.

Subp. 2. Limited dealer's records.

A limited dealer shall retain copies of all records as required by Minnesota Statutes, section 327B.06, subdivision 1. All records must be retained at the limited dealer's licensed place of business.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.8200 Salespeople

Every dealer shall submit a written list to the commissioner of all salespersons employed by the dealer, as required by Minnesota Statutes, section 327B.07, subdivision 2. The list must include the starting date and, when applicable, the termination date, for each salesperson. A running list must be maintained to show all the salespersons currently employed and previously employed. Any change of a salesperson's status must be noted on the running list and the entire list must be submitted to the commissioner within ten days of a change. A copy of the current complete salesperson list as submitted to the commissioner must be retained and kept on file at all times at the dealer's principal place of business. The format of the salesperson list shall conform to that contained in sample forms provided by the commissioner.

History

Statutory Authority: MS s 327B.10

Minn. R. 1350.8300 [Repealed, L 2009 c 78 art 5 s 34]

[Repealed, L 2009 c 78 art 5 s 34]

Minn. R. 1350.8400 Trust Funds

The broker with whom trust funds are to be deposited in satisfaction of Minnesota Statutes, section 327B.08, subdivision 3, shall be the broker under contract for the sale of the manufactured home with the seller.

Trust funds must be maintained in the trust account until they are disbursed in accordance with the terms of the applicable agreements. Disbursement must be made within 14 days following the consummation or termination of a transaction if the applicable agreements are silent as to the time of disbursement.

History

Statutory Authority: MS s 327B.10

Minn. R. 1350.8500 Notice to Commissioner

Subpart 1. Notification requirement.

A licensee shall notify the commissioner of the occurrence of any of the events in subparts 2 to 5.

Subp. 2. Change in application information.

A licensee shall notify the commissioner in writing within ten days of the change of any change in information contained in a license application on file with the commissioner.

Subp. 3. Civil judgment.

A licensee shall notify the commissioner in writing within ten days of any decision of a court regarding a proceeding in which the dealer or limited dealer was named as a defendant, and in which fraud, misrepresentation, or the conversion of funds was found to have been committed by the licensee.

Subp. 4. Disciplinary action in another state.

A licensee shall notify the commissioner in writing within ten days of the suspension or revocation of the licensee's manufactured home dealer license or limited dealer or other occupational license issued in another jurisdiction.

Subp. 5. Criminal offense.

A dealer or limited dealer shall notify the commissioner in writing within ten days if the dealer or limited dealer is found guilty of a felony, gross misdemeanor, misdemeanor, or any comparable offense related to manufactured home sales, improper business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer laws.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.8600 Required Documents

A dealer or limited dealer shall furnish to the parties to a transaction at the time the documents are signed or become available, true and accurate copies of listing agreements, earnest money receipts, purchase agreements, contracts for title, option agreements, disclosure statements, statement of sale, energy audits, the formaldehyde warning which is required by Minnesota Statutes, section 325F.18, and other records, instruments, or documents which are material to the transaction and which are in the dealer's possession.

The format of the disclosure statement must conform to that contained in sample forms provided by the commissioner and the statement must be signed by the dealer or the dealer's authorized salesperson, the buyer, and the seller. A copy of the disclosure must be kept on file by the dealer.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.8700 Standards of Conduct

The methods, acts, or practices in part 1350.8800 are standards of conduct governing the activities of a dealer or limited dealer. Failure to comply with those standards is a ground for denial, suspension, or revocation of the license.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.8800 Responsibilities of Dealers and Limited Dealers

Subpart 1. Supervision of personnel.

Dealers or limited dealers shall closely supervise the activities of their salespersons and employees which are related to the sale of manufactured homes. Supervision includes the ongoing monitoring of listing agreements, purchase agreements, and other manufactured home documents which are prepared or drafted by the dealer's or limited dealer's salespersons or employees or which are otherwise received by the dealer's or limited dealer's office, and the review of all dealer's trust account books and records.

Subp. 2. Preparation and safekeeping of documents.

Dealers or limited dealers are responsible for the preparation, custody, safety, and accuracy of all manufactured home contracts, documents, and records, even though another person may be assigned these duties by the dealer or limited dealer.

Subp. 3. Resolution of complaints.

Dealers or limited dealers shall investigate and attempt to resolve complaints made regarding the practices of individuals employed by them.

Subp. 4. Supervision of place of business.

Each principal place of business and each subagency shall be under the direction and supervision of a manager. The dealer or limited dealer shall furnish the commissioner with the name of each manager responsible for a licensed location. Designation of a manager does not relieve the dealer or limited dealer of overall responsibility for the actions of salespersons or the manager.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.8900 Disclosures by Salesperson

All dealers or limited dealers shall require their salespersons to conduct business only under the licensed name of and on behalf of the dealer or limited dealer by whom they are employed or to whom they are under contract and to disclose in every transaction the name of the dealer or limited dealer by whom they are employed or to whom they are under contract.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.9000 Length and Width

The length and width of a manufactured home when shown on sales contracts, documents, and records is the length and width to the nearest foot as defined in part 1350.0100, except on an application or permit to transport a manufactured home if the total length of the manufactured home is required to include drawbars, couplings, or hitches. Room additions must be noted and measured separately.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.9100 Disclosure

If a manufactured home being sold is located in a manufactured home park, the dealer or limited dealer, prior to the buyer's signing of the purchase agreement, shall obtain a written statement signed by the buyer acknowledging the dealer's or limited dealer's disclosure of the contents of Minnesota Statutes, section 327C.07, regarding in-park sales of manufactured homes.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Minn. R. 1350.9200 Enforcement

Any authorized representative of the commissioner may at any reasonable time enter the premises where manufactured homes are manufactured, or where new or used manufactured homes are sold, solicited, brokered, or advertised for sale, and may examine the manufacturer's or dealer's or limited dealer's records to the extent necessary to enforce the provisions of parts 1350.0100 to 1350.9200.

History

Statutory Authority: MS s 327B.01 to 327B.12
History: 24 SR 1846

Chapter 1360 PREFABRICATED BUILDINGS

Minn. R. 1360.0100 Scope

Subpart 1.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 2. Purpose.

The purpose of this chapter is to govern the construction of, and provide for the certification of, prefabricated buildings for those manufacturers who construct not more than three prefabricated buildings for permanent installation in Minnesota in a calendar year. Manufacturers of prefabricated buildings other than those regulated by this chapter or that produce more than three prefabricated buildings for permanent installation in Minnesota in a calendar year, must comply with the industrial/modular buildings rules, chapter 1361.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0200 Definitions

Subpart 1. Scope.

Unless otherwise expressly stated, the following terms, for the purpose of this code, have the meaning indicated in this part.

Subp. 2. Approved.

"Approved" as it applies to off-site construction of prefabricated buildings means approved by the state building inspector.

Subp. 3.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 4.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 5. Closed construction.

"Closed construction" means any building manufactured in such a manner that all portions cannot be readily inspected at the installation site without disassembly, damage to, or destruction thereof.

Subp. 6. Code.

"Code" means the Minnesota State Building Code.

Subp. 7. Compliance certificate and data plate.

"Compliance certificate and data plate" means the certificate provided by the state building inspector to the manufacturer which when signed by the manufacturer warrants that the prefabricated building complies with the code.

Subp. 8. Commissioner.

"Commissioner" means the commissioner of labor and industry.

Subp. 9.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 10.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 11.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 12. Installation.

"Installation" means the process of affixing, or assembling and affixing, prefabricated buildings on the building site, or to an existing building.

Subp. 13.

[Repealed, 11 SR 1405]

Subp. 14. Local enforcement agency.

"Local enforcement agency" means an agency of a municipality which enforces the code.

Subp. 14a. Manufacturer.

"Manufacturer" means any person or firm engaged in the manufacturing of not more than three prefabricated buildings per single location for permanent installation in Minnesota in a calendar year.

Subp. 15. Prefabricated building.

"Prefabricated building" means any building or building module intended for use as an R-3, one- or two-family dwelling, or a U-1, accessory building, which is of closed construction and which is constructed, on or off the building site, for installation, or assembly and installation, on the building site, but does not include relocatable contractors offices or storage buildings that are 1,500 square feet or less in floor area, that are designed for temporary use by a contractor at a construction site, that are not to be used by the general public or as a sales office, and that will be removed prior to or upon completion of the construction project.

Subp. 16. Open construction.

"Open construction" means any building manufactured in such a manner that all portions can be readily inspected at the installation site without disassembly, damage to, or destruction of the building.

Subp. 17.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 18.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 19. Seal.

"Seal" means a device or insignia issued to the manufacturer by the state building inspector evidencing the manufacturer's certification that the prefabricated building or module bearing the seal was produced in accordance with the code.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0300 Approval

Subpart 1. Responsibility; plan review.

The state building inspector has the responsibility for approving prefabricated buildings for compliance with the code. This responsibility may be delegated to approved local enforcement agencies.

Approvals expire when there are revisions to the code under which the approval was granted. At that time the manufacturer must submit entire new documentation for evaluation and approval, or submit evidence that the plans as approved are in compliance with the code as revised.

Subp. 2. Dwellings manufactured for use in specific municipality.

A local unit of government may authorize the construction of a one-family or two-family detached dwelling manufactured at a location in the municipality other than the site of installation in the same municipality, if:

A. the manufacturer applies to the state building inspector, on a form specified by the commissioner, to construct a dwelling in the municipality;

B. the building official endorses the application and agrees to provide the same plan review and inspection services that would be provided if the home were built on site;

C. the manufacturer agrees not to apply for a Minnesota prefabricated building seal at a future date;

D. the completed form and a copy of the local building permit application must be forwarded to the Department of Labor and Industry for acceptance; and

E. the Department of Labor and Industry accepts the proposal and notifies the manufacturer and the building official in writing.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0400 Inspection

The state building inspector reserves the responsibility for inspecting prefabricated buildings and building components for compliance with the code. The state building inspector may delegate such responsibility to approved local enforcement agencies.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 17 SR 1279; 20 SR 2290(NO.43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0500 Certification

Prefabricated buildings which are sold, offered for sale, or installed in the state must bear a seal or seals and a compliance certificate and data plate evidencing the manufacturer's certification of code compliance. That certification is conclusive on all agencies, instrumentalities, and municipalities of the state.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0600 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.0700 Modification

Prefabricated buildings bearing a state seal must not in any way be modified unless a written request is made and written approval obtained from the state building inspector or municipal building official.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0800 Testing

The state building inspector may require that specific components, systems, or processes be tested. Tests must be performed by a qualified testing agency. The tests and procedures must be reviewed by the state building inspector to assure compliance with the code.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.0900 Inspection

Subpart 1. General.

The state building inspector shall make, or cause to be made, inspections of the entire process of manufacturing, certifying, handling, storing, and transporting of prefabricated buildings produced pursuant to approved documents which the state building inspector deems necessary.

Subp. 2.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 3.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 4. Damaged prefabricated buildings.

Prior to the installation of a damaged prefabricated building, the installer, transporter, building official, owner, or manufacturer shall notify the state building inspector who shall inspect, or cause to be inspected, prefabricated buildings which have been damaged and take action with regard to those buildings.

The state building inspector shall require prefabricated buildings which are so damaged as to no longer comply with the code to be brought into compliance promptly. If those buildings are not brought into compliance with the code within a reasonable time, or if they are so damaged that they cannot be brought into compliance, the state building inspector shall order that the seals be removed from the buildings. Irreparably damaged buildings must be disposed of in accordance with applicable law.

Subp. 5.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 6.

[Repealed, 20 SR 2290(NO. 43)]

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 15 SR 74; 17 SR 1279; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1000 On-Site Inspection by Local Code Enforcement Agency

Local code enforcement agencies are required to inspect the installation of prefabricated buildings and are responsible for determining that each installation is completed in accordance with its certification. The local enforcement agency may inspect, to the maximum extent possible without causing undue delay, prefabricated buildings at the installation site for compliance with the code. This inspection must not require the removal of permanent parts of the structure. Evidence of noncompliance with the certification must be reported to the state building inspector.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1100 Local Zoning

Enforcement of land use zone requirements, building setback, side and rear yard requirements, site development, and property line requirements are specifically and entirely reserved to local municipalities.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1200 Standards and Requirements

The standards and requirements for manufacture and installation of prefabricated buildings must be the current Minnesota State Building Code.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1300 Building Permits

Subpart 1. Application for permit.

An application for a building permit to a local building official for the installation of prefabricated buildings pursuant to this code must in addition to any other requirements contain:

A. a statement that application is made for permission to install prefabricated buildings in accordance with the provisions of the code, signed by the applicant or the applicant's agent with the appropriate address;

B. a copy of the site and building plans and specifications and evidence of plan approval by the state building inspector; and

C. the information required on the data plate (part 1360.2400).

Subp. 2. Issuance.

The local building official must issue a permit, license, certificate, authorization, or other required document, as the case may be, for the installation of the prefabricated building if the application is submitted in accordance with this code. The manufacturer shall submit evidence to assure that the design loads are in accordance with the appropriate provisions of the code. Foundation plans, all utility installations and connections, and all provisions of part 1360.1100 are subject to local approval.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 17 SR 1279; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1400 Certificate of Occupancy

Upon completion of the installation of any prefabricated building the owner, manufacturer, builder, architect, lessee, tenant of their agent, or other interested person may, upon showing of compliance with the code, demand and obtain, upon proper payment being made for it in appropriate cases, any permit, license, certificate, authorization, or other required document the issuance of which is authorized pursuant to any state or local building regulation.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1500 Changes to Approved Plans

A manufacturer who proposes or is required to change approved plans or installation instructions shall request approval of the changes in writing and work may not commence until written approval is received.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1600 Change of Ownership, Name, or Address

In the event of a change in the ownership, name, or office address of any manufacturer, the manufacturer shall notify the state building inspector or the local enforcement agency in writing within ten days.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 17 SR 1279; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1700 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.1800 Noncompliance

Noncompliance with the provisions of the code or unauthorized deviation from the approved plans or production procedures may be cause for revocation of the plan approval.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.1900 Seals

Subpart 1. R-3 and U-1 occupancies.

For R-3 and U-1 occupancies, each prefabricated building manufactured pursuant to the code must have permanently attached in a location shown on the approved plans a state seal evidencing certification of compliance with the code by the manufacturer.

Subp. 2.

[Repealed, 20 SR 2290(NO. 43)]

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2000 Issuance

A seal must be issued by the state building inspector to the manufacturer upon final inspection approval. All seals must be serially numbered.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2100 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.2200 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.2300 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.2400 Manufacturer's Compliance Certificate

The compliance certificate form furnished by the state building inspector must contain but is not limited to the following information, and must be placed by the manufacturer in the vicinity of the electrical distribution panel or in some other approved designated location that is readily accessible for inspection:

A. manufacturer's name and address;

B. serial number of the unit;

C. model designation and name of manufacturer of major factory-installed appliances;

D. where applicable, identification of permissible type of gas for appliances and directions for water and drain connections;

E. name and date of standards complied with;

F. seal serial number;

G. design loads;

H. special conditions or limitations of the unit;

I. date of manufacture; and

J. electrical ratings-instructions and warnings on voltage, phase, size and connections of units, and grounding requirements.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2500 Plan Approval Procedures

Plan approval must be obtained from the state building inspector for all prefabricated buildings.

Applications, plans, specifications, and other documentation must be submitted in sufficient copies as required. Applications must be made in letter form. All documentations and plans must indicate the manufacturer's name, office address, and address of manufacturing facility.

Manufacturers shall submit plans showing all elements relating to specific systems on properly identifiable sheets. Each plan must bear the signature and seal of an approved registered architect or professional engineer where required. The plan must indicate the method of evaluation and inspection for all required on-site testing of the systems. Plans must designate all work to be performed on site, including connections of all systems, equipment, and appliances and all work performed in the plant. A three-inch by four-inch clear rectangular space must be provided on all sheets of plans near the title box for the stamp of approval.

The design of plumbing, electrical, heating, and mechanical systems or any structural design or method of construction and data must be in accordance with the Minnesota State Building Code. Grade, quality, and identification of all materials must be specified. Design calculations and test reports must be submitted when required. Plans must be drawn to scale and indicate the location of the approved seal and data plate.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2600 Products Manufactured in More Than One Location

If the manufacturer produces the same products at more than one facility, the manufacturer shall provide such additional copies of documentation as may be required.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2700 Nonconforming Application and Plans

In the event that an application is determined to be unsuitable for processing prior to plan check, the applicant must be notified in writing of the unsuitability and the reason for the unsuitability within 30 days of the date the application is received by the state building inspector.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2800 Evidence of Plan Approval

Plan approvals must be evidenced by the stamp of approval of the state building inspector or the approved local enforcement agency if delegated as authorized by part 1360.0300, subpart 1. One copy of all approved documentation must be returned to the manufacturer.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1360.2900 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.2910 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.3000 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1360.3100 Requirements for Manufacturer

Subpart 1.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 2.

[Repealed, 20 SR 2290(NO. 43)]

Subp. 3. Service and repair.

The manufacturer or the manufacturer's agent is responsible for timely and effective performance of service and repairs related to code compliance.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 17 SR 1279; 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Subp. 2.

[Repealed, 20 SR 2290(NO. 43)]

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 11 SR 1405; 15 SR 74; 20 SR 2290(NO. 43); L 2003 c 112 art 2 s 50; L 2007 c 140 art 1 s 1; art 4 s 61; art 13 s 4; L 2008 c 337 s 64; L 2009 c 101 art 2 s 109

Minn. R. 1360.3700 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Chapter 1361 INDUSTRIALIZED/MODULAR BUILDINGS

Minn. R. 1361.0100 Purpose

The purpose of this chapter is to govern the construction of industrialized/modular buildings and building components and provide for their certification and labeling pursuant to Minnesota Statutes, section 326B.194.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1361.0200 Definitions

Subpart 1. Scope.

The definitions in this part apply to this chapter.

Subp. 2. Building component.

"Building component" means a subsystem, subassembly, or other system of closed construction designed for use in or as part of a structure, including structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety.

Subp. 3. Industrialized Buildings Commission.

"Industrialized Buildings Commission" means the Interstate Industrialized/Modular Buildings Commission, the operating arm of the interstate compact on industrialized/modular buildings in Minnesota Statutes, section 326B.194.

Subp. 4. Industrialized/modular building.

"Industrialized/modular building" means a building of closed construction, constructed so that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage, or destruction, and made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. "Industrialized/modular building" includes, but is not limited to, modular housing that is factory-built single-family and multifamily housing, including closed wall panelized housing, and other modular, nonresidential buildings. "Industrialized/modular building" does not include a structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974 or prefabricated buildings, as defined in part 1360.0200, subpart 15.

Subp. 5. Minnesota State Building Code.

"Minnesota State Building Code" means the code adopted under Minnesota Statutes, section 326B.106, subdivision 1, as identified in part 1300.2400, subpart 6.

Subp. 6. Model rules and regulations.

"Model rules and regulations" means the model rules and regulations incorporated by reference in part 1361.0300.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1361.0300 Incorporation of Model Rules and Regulations

Parts I to VII of the July 9, 1993, edition of the Model Rules and Regulations for Industrialized/Modular Buildings as adopted by the Industrialized Buildings Commission and the December 3, 1993, amendments are incorporated by reference and made part of the Minnesota State Building Code. These parts and amendments are not subject to frequent change and are available at the Minnesota State Law Library.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1361.0400 Certification

Industrialized/modular buildings and building components sold, offered for sale, or installed in the state must bear an Industrialized Buildings Commission (IBC) seal and data plate evidencing the manufacturer's certification of code compliance. That certification is conclusive on all agencies, instrumentalities, and municipalities of the state.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4

Minn. R. 1361.0500 Installation

Industrialized/modular buildings or building components must be installed in compliance with the Minnesota State Building Code which incorporates by reference the Model Rules and Regulations for Industrialized/Modular Buildings.

History

Statutory Authority: MS s 16B.61; 326B.106
History: 20 SR 2290(NO. 43); L 2007 c 140 art 4 s 61; art 13 s 4

Chapter 1370 MANUFACTURED HOME PARK STORM SHELTER DESIGN

Minn. R. 1370.0100 Purpose

The purpose of parts 1370.0100 to 1370.0361 is to provide minimum standards of design and construction of buildings to provide protection for manufactured home park residents from tornadoes and extreme winds.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0110 Scope

Parts 1370.0100 to 1370.0361 apply to buildings or portions of buildings that are designed for use as manufactured home park storm shelters.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0120 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1370.0100 to 1370.0361.

Subp. 2. Storm shelter.

"Storm shelter" means a structure or portion of a structure designed in compliance with parts 1370.0100 to 1370.0361.

Subp. 3. Dual purpose storm shelter.

"Dual purpose storm shelter" means a structure or portion of a structure designed for use as a storm shelter and also designed for other permitted uses.

Subp. 3a. FEMA 361.

"FEMA 361" means the Design and Construction Guidance for Community Shelters, FEMA 361, July 2000.

Subp. 4. Single purpose storm shelter.

"Single purpose storm shelter" means a structure designed for use only as a storm shelter.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0130 Applicable Requirements

Subpart 1. Incorporation by reference.

"Design and Construction Guidance for Community Shelters," FEMA 361, July 2000, published by the Federal Emergency Management Agency, Washington, D.C., is incorporated by reference except as amended by this chapter, and must be used to determine design loads for designing storm shelters. The document is not subject to frequent change and is available: (1) in the Minnesota State Law Library; (2) from the Printing and Publications Division, Federal Emergency Management Agency, P.O. Box 8181, Washington, D.C. 20024; and from the Minnesota Department of Public Safety, Division of Emergency Management, 85 State Capitol, Saint Paul, Minnesota 55155.

Subp. 2. Dual purpose storm shelters.

A dual purpose storm shelter must comply with other applicable requirements of the state building code for its other intended uses.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 1987 c 71 s 2; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0140 Plans, Specifications, Permits

Storm shelter plans, engineering calculations, diagrams, and other required data must be prepared by an architect or professional engineer licensed according to the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design laws and rules. For permit requirements, see chapter 1300.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0150 Space Requirements

A minimum of four square feet per park resident must be provided within a storm shelter. The square footage of the storm shelter is determined by the total number of park residents. The total number of park residents is determined by the park owner, architect, or professional engineer and must be included in plans and specifications required by part 1370.0140. A ceiling height of not less than seven feet must be provided over 60 percent of the floor area.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0160 Required Exits

Subpart 1. Exits; openings.

At least two exits must be provided in compliance with chapter 10 of the International Building Code. The second exit from a single purpose storm shelter may have an opening of at least nine square feet with a minimum of 20 inches in width and the bottom of the opening not more than 44 inches from the floor.

Subp. 2. Disability access.

At least one of the exits must comply with chapter 1341, Minnesota Accessibility Code.

Subp. 3. Exit to exterior.

When a portion of a structure is designed as a storm shelter, one exit must be directly to the exterior of the building or to an exit system complying with the state building code.

History

Statutory Authority: MS s 16B.59 to 16B.75; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; 23 SR 2042; L 2005 c 56 s 2; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0170 Dry Interior

Provisions must be made to construct storm shelters outside flood-prone areas and other nonwater ponding areas so that the interior of the storm shelter remains reasonably dry.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0180 Utility Lines

Only utility lines supplying the shelter with electricity, HVAC, plumbing, and telecommunications may be located in the shelter. The utility lines that supply the shelter must be underground and installed in accordance with the applicable chapter of the Minnesota State Building Code.

The shelter must not be located over or under electrical transmission, distribution, or building services lines to other buildings.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0190 [Repealed, 35 SR 1427]

[Repealed, 35 SR 1427]

Minn. R. 1370.0200 Electrical Power

Underground electrical service must be provided to a storm shelter.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64

Minn. R. 1370.0210 Illumination

Subpart 1. Minimum illumination.

At least five foot candles of illumination must be provided at floor level inside the storm shelter and at exits.

Subp. 2. Source.

An emergency lighting system must be supplied from storage batteries or an on-site generator installed in accordance with the requirements of chapter 1315.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0220 [Repealed, 35 SR 1427]

[Repealed, 35 SR 1427]

Minn. R. 1370.0230 Sanitation Facilities and Drinking Water

Sanitation facilities and water for drinking are not required for storm shelters.

History

Statutory Authority: MS s 16B.59 to 16B.73; 326B.02; 326B.101 to 326B.151
History: 12 SR 2251; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 35 SR 1427

Minn. R. 1370.0361 Fema 361

Subpart 1. FEMA 361 Chapter 1.

FEMA 361 Chapter 1, Introduction, is deleted in its entirety.

Subp. 2. FEMA 361 Chapter 2.

FEMA 361 Chapter 2, Protection Objectives, is deleted in its entirety.

Subp. 3. FEMA 361 Chapter 3.

FEMA 361 Chapter 3, Characteristics of Tornadoes and Hurricanes, is amended by deleting subsections 3.2.2, Hurricanes, and 3.2.3, Typhoons, in their entirety.

Subp. 4. FEMA 361 Chapter 7.

FEMA 361 Chapter 7, Additional Considerations, is amended by deleting section 7.2, Seismic Hazard Conditions, in its entirety.

Subp. 5. FEMA 361 Chapter 8.

A. FEMA 361 Chapter 8, Human Factors Criteria, is amended by deleting section 8.2, Square Footage/Occupancy Requirements, in its entirety.

B. FEMA 361 Chapter 8 is amended by deleting Section 8.4, Lighting, in its entirety.

C. FEMA Chapter 8 is amended by deleting Section 8.5, Occupancy Duration, in its entirety.

D. FEMA Chapter 8 is amended by deleting Section 8.6, Emergency Provisions, in its entirety.

Subp. 6. FEMA 361 Chapter 9.

FEMA 361 Chapter 9, Emergency Management Considerations, is deleted in its entirety.

Subp. 7. FEMA 361 Chapter 10.

FEMA 361 Chapter 10, Design Commentary, is amended by deleting subsections 10.2.2, Design Wind Speeds for Hurricanes, and 10.2.3, Wind Speeds for Alaska, in their entirety.

Subp. 8. FEMA 361 Appendix A.

FEMA 361 Appendix A, Benefit/Cost Analysis Model for Tornado and Hurricane Shelters, is deleted in its entirety.

Subp. 9. FEMA 361 Appendix C.

FEMA 361 Appendix C, Case Study I - Stand-Alone Community Shelter (North Carolina), is deleted in its entirety.

Subp. 10. FEMA 361 Appendix D.

FEMA 361 Appendix D, Case Study II - School Shelter Design (Kansas), is deleted in its entirety.

History

Statutory Authority: MS s 326B.02; 326B.101 to 326B.151
History: 35 SR 1427

Chapter 1415 JOINT WORKERS' COMPENSATION LITIGATION PROCEDURES

Minn. R. 1415.0100 Scope and Purpose

This chapter governs all workers' compensation matters in litigation before compensation judges in the Office of Administrative Hearings and administrative conferences conducted at the Workers' Compensation Division of the Department of Labor and Industry and the Office of Administrative Hearings under Minnesota Statutes, sections 176.102, 176.106, 176.135, 176.136, 176.137, and 176.239. Additional rules of the office regarding workers' compensation litigation procedures are contained in chapter 1420. The two chapters together contain the litigation rules in workers' compensation cases. Rules regarding appeals to the Workers' Compensation Court of Appeals are contained in chapter 9800.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.0200 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 1415.0300 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms have the meanings given them.

Subp. 2. Act.

"Act" means the Workers' Compensation Act, Minnesota Statutes, chapter 176.

Subp. 3.

[Repealed, 29 SR 1448]

Subp. 4.

[Repealed, 29 SR 1448]

Subp. 5. Chief judge.

"Chief judge" means the chief administrative law judge of the Office of Administrative Hearings.

Subp. 6. Commissioner.

"Commissioner" means the commissioner of the Department of Labor and Industry.

Subp. 7.

[Repealed, 29 SR 1448]

Subp. 8. Court of appeals.

"Court of appeals" means the Workers' Compensation Court of Appeals.

Subp. 8a. Days.

"Days" means calendar days unless specifically provided otherwise. Days are computed as provided in Minnesota Statutes, section 645.15.

Subp. 9. Division.

"Division" means the Workers' Compensation Division of the Department of Labor and Industry.

Subp. 10.

[Repealed, 29 SR 1448]

Subp. 10a. Imaging.

"Imaging" means the technology and process by which paper documents are scanned and stored digitally for subsequent retrieval and processing. The documents are indexed according to type of document, employee name, Social Security number, and date of injury. Once indexing is complete, the document is automatically routed to staff at the division or office as needed and it is a part of the permanent division file. The paper is confidentially recycled.

Subp. 10b. Insurer.

"Insurer" means the workers' compensation insurer for the employer and includes self-insured employers. For the purposes of these rules only, "insurer" also includes the special compensation fund where the employer was uninsured on the date of injury.

Subp. 11.

[Repealed, 29 SR 1448]

Subp. 11a. Intervenor.

"Intervenor" means a party under Minnesota Statutes, section 176.361, who has an interest in a pending workers' compensation proceeding such that the person or entity may either gain or lose by an order or decision in the case, and the person or entity has filed a motion or application to intervene under part 1415.1250 and Minnesota Statutes, section 176.361.

Subp. 12. Judge.

"Judge" means a workers' compensation judge from the Office of Administrative Hearings.

Subp. 13. Office.

"Office" means the Office of Administrative Hearings.

Subp. 14.

[Repealed, 29 SR 1448]

Subp. 15. Petition.

"Petition" means a claim filed by or on behalf of an injured or deceased employee, employer, insurer, special compensation fund, or any other person or entity authorized by law to file a petition which initiates a contested workers' compensation case requiring assignment for hearing.

Subp. 16. Petitioner.

"Petitioner" means the injured employee, an heir or dependent of a deceased employee or a party filing on their behalf, an employer or insurer, the special compensation fund, or any other person or entity authorized by law to file a petition.

Subp. 17.

[Repealed, 29 SR 1448]

Subp. 18. Potential intervenor.

"Potential intervenor" means a person or entity under Minnesota Statutes, section 176.361, who has an interest in a workers' compensation proceeding such that the person or entity may either gain or lose by an order or decision in the case, and the person or entity has not filed a motion or application to intervene under part 1415.1250 and Minnesota Statutes, section 176.361.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; L 1984 c 640 s 32; L 1985 1Sp14 art 9 s 75; L 1994 c 483 s 1; 29 SR 1448

Minn. R. 1415.0400 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 1415.0500 Legal Documents

Forms and documents used or filed in all workers' compensation proceedings before the division or the office must be on white standard size 8-1/2 by 11 inch paper, and must contain the case identifying information required by Minnesota Statutes, section 176.275, and must also indicate the type of action requested. Pleadings and motions must also include the full caption of the case listing all parties.

All legal documents filed by an attorney must include the attorney's Minnesota Supreme Court license number.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.0600 Examination of Workers' Compensation Files

Persons desiring to examine a file maintained by the division or office shall present a written authorization to inspect the file to designated personnel of the division or office. Files are generally reviewed at the division, except when the file is in paper form only and located at the office. Files examined at the division are subject to the requirements of part 5220.2880. The authorization must be signed and dated by a party to the claim who is either the employee, the employer, the insurer, a dependent in death cases, or a legal guardian in cases of mental or physical incapacity. The authorization must specify the person or party authorized to review the file. The authorization is placed in and becomes part of the file.

This part does not grant greater access to the files than that given by the Minnesota Data Privacy Act or the Workers' Compensation Act.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.0700 Service and Filing

Subpart 1. Service by state.

The division and the office must serve all notices, findings, orders, decisions, or awards upon the parties by first class mail at their addresses of record, by personal service, or, if authorized by the recipient, by facsimile or electronic mail.

If the division or office has received notice that a party is represented by an attorney, the attorney must be served with all documents. Service on the attorney is considered service on that party, except that all final orders, decisions, awards, orders striking a case from the calendar, continuance orders, and notices of proceedings must also be served directly on the party.

Subp. 1a. Digitized signatures.

All orders, decisions, awards, or other documents issued by an employee of the office or the division authorized to sign the document may be signed by digitized signature pursuant to Minnesota Statutes, section 176.281. Digitized signatures must be affixed as follows:

A. The signatory must either personally affix, or instruct another office or division employee to affix, a digitized signature to a document or group of documents.

B. The person affixing a digitized signature must ensure that all information required by item C is completed and accurate.

C. A digitized signature must include the typed name and title of the signatory, the date of issuance, and immediately below the typed name and title, a certificate in lieu of original signature. The certificate in lieu of original signature must include certification that the document was approved and issued by the signatory on the date indicated and explain how to confirm the authenticity of the document.

Subp. 2. Service by parties.

A party may serve documents by first class mail, by personal service, or, if authorized by the recipient, by facsimile or electronic mail. All documents filed in connection with a proceeding at the division or office must be served on all parties and filed, together with an affidavit of service, with the division. If a party is represented by an attorney in the matter, the attorney must be served with all documents. Service on the attorney is considered service on that party, except where Minnesota Statutes, chapter 176, requires otherwise.

Subp. 3. Computation of time.

Computation of time for service is governed by Minnesota Statutes, section 645.15.

Subp. 4. Filing with state.

A. Except as provided in item B, all documents must be filed with the division. Filed documents must be accompanied by an affidavit of service in a form acceptable to the district courts. A document is filed upon its receipt by the division or the office by 4:30 p.m. on a state business day. Documents received after 4:30 p.m. on a state business day are considered filed on the next open state business day.

B. If the document requires attention by the office within two business days, it must be filed with the office. Stipulations for settlement require attention by the office within two business days. Exhibits for video hearings are filed with the office as provided in part 1415.2900, subpart 6. Exhibits submitted while a hearing record is open are filed with the office.

C. Because documents are destroyed after imaging, a party shall retain an original document and file a copy with the division except when filing a notice of appeal, or where the division has notified the party that an original must be filed because the quality or authenticity of a document is at issue. The original notice of appeal under Minnesota Statutes, section 176.421, must be filed with the office and copied to the division. This filing must be by mail or in person. A filing by facsimile or electronic transmission is not effective.

Subp. 5. Electronic or fax filing.

A party is authorized to file a document with the office or the division by facsimile if the document is 15 pages or less in length. A party may file a document by electronic transmission only as authorized by the division or office. A notice of appeal, as provided in subpart 4, may not be filed by facsimile or electronic transmission. The filed facsimile or transmitted information has the same force and effect as the original. Where the quality or authenticity of a document is at issue, the division or the office shall require the original document to be filed. Where the division or office has not identified quality or authenticity as an issue and the document is filed by facsimile or electronic transmission, the party shall not also file the original document.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.0800 Notice of Representation

Subpart 1. Filing.

When a party is represented by an attorney, written notice of representation must be filed with the division. A notice of representation is not necessary when the attorney files a signed pleading as the attorney for the party or a copy of a fully executed retainer agreement.

A. The notice of representation of an employee, dependent, or heir must be signed by the attorney, signed by the employee, dependent, or heir, and include the address and telephone number of the attorney, and the attorney's Minnesota Supreme Court license number.

B. Copies of the notice or retainer agreement must be served pursuant to part 1415.0700.

Subp. 2. Substitution of attorney.

If a party is represented by an attorney and the party subsequently desires to change attorneys, the attorney assuming representation shall file a notice of representation and a copy of the new retainer agreement. The new notice of representation and new retainer agreement must be filed and served on all parties and the previous attorney within 20 days of the signing of a retainer agreement.

Subp. 3.

[Repealed, 29 SR 1448]

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.0900 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 1415.1000 Commencement of Proceedings

Subpart 1. Commencement of proceedings.

Except for a potential intervenor claim under part 1420.1850, subpart 4, or a request for an administrative conference, or where otherwise provided by law, a proceeding for adjudication of a claim by a party under Minnesota Statutes, chapter 176, is commenced by petition and must be in the form prescribed by the division, containing:

A. the name, address, and social security number of the employee;

B. the name and address of each employer at the time an injury or disease is alleged to have occurred;

C. the name of each employer's workers' compensation insurer;

D. the date of each injury or occupational disease claimed;

E. the weekly wage at the time of injury or disease;

F. the nature of the injury or disease;

G. a statement that the injury or disease arose out of and in the course of the employment and that the employer had knowledge or notice of the injury or disease;

H. an itemization of all benefits claimed, including the type of disability and the time period for which coverage is claimed;

I. an itemization of medical benefits claimed;

J. the name, address, and claim or policy number of any potential intervenor;

K. the name, address, telephone number, and Minnesota Supreme Court license number of the petitioner's attorney; and

L. whether an interpreter or reasonable accommodation of disability is needed.

Subp. 2. Service of petition, filing.

The petitioner shall serve a copy of the petition, together with all attachments, on all other parties named in the caption. The petition and medical, vocational, or other reports supporting each claim, must be filed with the division with an affidavit of service.

Subp. 3.

[Repealed, 29 SR 1448]

Subp. 4. Amended petitions and requests.

When an amendment to a petition or to a medical or rehabilitation request seeks to add, subtract, or change a party to the claim or injury date, the petitioner must file an amended petition or medical or rehabilitation request on the form or in the format prescribed by the division. The judge or the commissioner shall disallow an amended petition or medical or rehabilitation request or continue the proceeding if the adverse party has insufficient time to prepare for a proceeding regarding the new issues or parties. Service of amended petitions is governed by part 1420.1300, subpart 2. A motion for joinder under part 1420.1300 rather than an amended petition must be filed to add a party when there are fewer than 120 days before a scheduled hearing.

Subp. 5. Letter amendment to petition or request.

If a petitioner seeks to add an additional claim, withdraw a claim, or otherwise change the claimed benefits or other assertions that do not change the identified parties, the petitioner may amend the claim by filing an amendment to the petition or request in the form of a letter setting forth the amendment; however, a judge or the commissioner shall disallow an amendment or continue the proceeding if the adverse party has insufficient time to prepare for a proceeding regarding the new issues.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; L 1997 c 66 s 80: L 1999 c 107 s 66; L 2000 c 343 s 4; 29 SR 1448

Minn. R. 1415.1100 Notice to Potential Intervenors

Subpart 1. Responsibilities of attorneys.

All attorneys, whether representing employees, employers, or any other parties to a workers' compensation proceeding, shall ask their clients whether a third party, other than the workers' compensation insurer, has paid or provided benefits or services to the employee or on the employee's behalf, or whether there is an outstanding order under Minnesota Statutes, chapter 518, for an employer to withhold sums for the payment of support or maintenance that may entitle the person or entity to intervene as a party under Minnesota Statutes, section 176.361.

Subp. 2. Notice to potential intervenors.

If inquiry discloses the existence of a potential intervenor, the attorney must promptly serve the potential intervenor with written notice of its right to petition for intervention and reimbursement pursuant to subpart 3. Notice to potential intervenors under Minnesota Statutes, section 176.361, may not be given before a proceeding at the office or division has been commenced. The attorney shall attach to the notice a copy of all pleadings in the case, and a copy of all notices and orders served in the case to date. The notice need not be filed with the division except as required by part 1420.1850. If a party files the notice to potential intervenors, the party shall omit the attachments in the copy filed with the division unless directly relevant to a dispute. The notice must specifically advise:

A. that the petitioner has commenced a proceeding to recover workers' compensation benefits, and that under part 1415.1250 and Minnesota Statutes, section 176.361, the potential intervenor has the right to petition for intervention and reimbursement of payments of monetary benefits, treatment expenses, or vocational rehabilitation services;

B. the name and address of parties to the proceeding and the name and address of their attorney;

C. the name of a potential intervenor's insured, if applicable, the nature of the payments made or services provided, and any identifying claim and policy number;

D. that the failure of a potential intervenor to file a motion for intervention within 60 days of service of the notice or within 30 days of notice of an administrative conference or expedited hearing shall result in a denial of the claim for reimbursement unless otherwise provided by law;

E. that, unless an intervenor's right to reimbursement is established by stipulation or otherwise, failure to personally attend scheduled administrative conferences and hearings when required by Minnesota Statutes, section 176.361, subdivision 4, or appear by an alternative method approved by the commissioner or a judge, will result in a denial of the claim for reimbursement; and

F. how the potential intervenor may obtain a copy of the intervention statute, rule, and sample form.

Subp. 3. Time to notify.

Attorneys shall comply with this part within 30 days after the service of an answer; or within 60 days of service of a petition if no answer has been filed; and when a medical or rehabilitation request or response is filed. Attorneys shall promptly notify a potential intervenor whose interest arises upon payment made or services rendered after the petition, answer, rehabilitation request, or medical request was filed, but not before a proceeding at the office or division has been commenced.

Subp. 4. Failure to notify potential intervenors.

Failure to comply with the notice requirements of this part may result in the matter being stricken from the hearing or conference calendar, or other sanction under part 1420.3700, if the judge or commissioner finds the noncompliance materially prejudices the rights and liabilities of the other parties or the potential intervenor.

Further proceedings may be ordered under part 1420.1850 if an intervenor or potential intervenor claims to have been effectively excluded from a binding determination or from settlement negotiations or has been unable to reach a resolution of its claim at the time the other parties have resolved their claims.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.1200 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 1415.1250 Intervention

Subpart 1. Motion.

A person desiring to intervene in a workers' compensation case under this chapter must serve and file a motion or application to intervene within 60 days of notice under part 1415.1100 or, for an expedited hearing, within 30 days of notice under part 1420.2150, subpart 5, or within 30 days of notice of an administrative conference under part 1415.3700.

Subp. 2. Personal appearance by intervenor.

Unless a stipulation has been signed and filed or the intervenor's right to reimbursement has otherwise been established, the intervenor shall personally attend all scheduled administrative conferences and hearings where required by Minnesota Statutes, section 176.361, unless an alternative to personal appearance is allowed by the commissioner or the judge.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 29 SR 1448

Fees for legal services are governed by Minnesota Statutes, sections 176.081 and 176.191.

Subp. 2. Withholding of attorney fees.

Upon receipt of the notice of representation, the employer and insurer may withhold attorney fees on genuinely disputed portions of claims under Minnesota Statutes, section 176.081. Attorney fees must be withheld on genuinely disputed portions of claims if the employee's attorney so requests.

Subp. 3. Statement of fees.

A. An attorney claiming attorney fees must serve on the employee and the insurer, and file with the division, a statement of attorney's fees on a form prescribed by the commissioner, including:

B. If a party claims fees in excess of the amounts listed in Minnesota Statutes, section 176.081, subdivision 1, paragraph (a) or (b), the party shall attach the following additional information to the statement of attorney fees prescribed in item A:

Subp. 4.

[Repealed, 29 SR 1448]

Subp. 5.

[Repealed, 29 SR 1448]

Subp. 6.

[Repealed, 29 SR 1448]

Subp. 7. Genuinely disputed portions of claims.

This subpart provides the applicable principles for the commissioner, compensation judge, or Workers' Compensation Court of Appeals to determine whether the benefit paid or payable was genuinely disputed for the purpose of calculation of a contingent fee under Minnesota Statutes, section 176.081, subdivision 1.

The statement of attorney fees or petition for excess attorney fees must include, for each benefit paid or awarded for which an attorney fee is sought, sufficient information to allow the fee determiner to apply the principles contained in this subpart.

The principles applicable to determine whether a benefit was genuinely disputed are as follows:

A. If primary liability had been denied for the claim, all compensation paid or awarded to the employee or dependent other than payment of medical and rehabilitation expenses, is used to compute the attorney's fee.

B. If there was no dispute concerning the rate, amount, duration, or eligibility for a benefit and the benefit was timely paid, the benefit may not be used to compute the fee.

C. The fee may not be computed on the entire amount of a benefit where only a portion of the benefit is disputed. Only the disputed portion of the benefit may be used to compute the fee.

D. If eligibility for the benefit is disputed, the entire benefit during the period for which eligibility was disputed is used to compute the fee.

E. If the rate of the benefit is disputed, only the amount paid or awarded above the rate admitted and timely paid is used to compute the fee.

F. If the duration of the benefit is disputed, only the portion of the benefit not conceded and not timely paid is used to compute the fee.

G. Benefits allegedly admitted but not timely paid may be used to compute the fee.

H. Benefits timely paid may not be used to compute the fee except where primary liability for the entire claim or eligibility for the benefit had been generally denied.

I. The difference between the compensation eventually paid or awarded and the amount admitted and timely paid is used to compute the fee.

J. The following benefits may be used to compute the fee:

K. Generally, each benefit is evaluated separately, however, if the rate, duration, or eligibility for permanent partial disability is disputed, the difference between the permanent partial disability which was conceded and timely paid and the amount of disputed permanent partial disability eventually paid or awarded is used to compute the fee.

L. The principles of this subpart apply to settlement sums. Attorney fees for a portion of a lump sum award allocated to medical or rehabilitation expenses must comply with Minnesota Statutes, section 176.081, subdivision 1.

Subp. 8. Determinations without a hearing.

The office shall assign an attorney fee statement to a judge when action by a judge is needed. The judge shall take action on the attorney fee statement within 30 days of the filing of the statement by issuing an order advising the parties of how the attorney fee statement will be addressed or scheduling a conference or hearing on attorney fees.

If an objection to the requested fee has been filed and the interested parties waive their right to a hearing, the fees may be determined under Minnesota Statutes, section 176.305 or 176.322, without a hearing. A hearing must be scheduled and heard on the record if an objection has been filed and all interested parties have not waived their right to a hearing. Where no objection to the requested fee has been filed, the judge or court before whom the matter is pending shall issue a summary decision under Minnesota Statutes, section 176.305, regarding the amount of attorney fees owing under this part and Minnesota Statutes, section 176.081 or 176.191.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; L 1984 c 640 s 32; 29 SR 1448

Minn. R. 1415.3300 Taxation of Costs and Disbursements

Subpart 1. When allowed.

This part applies to costs in disputed cases. Costs associated with cases settled before hearing may be recovered by agreement in a stipulation or retainer agreement.

Subp. 2. Informal request.

Before submitting a formal request for payment or reimbursement of costs and disbursements, an informal request should be made by the taxing party on the party from whom reimbursement is sought. If agreement cannot be reached on all items, the taxing party may then proceed formally, including in the formal request an indication of those costs agreed upon.

Subp. 3. Service of formal request.

The taxing party shall serve the request for taxation of costs and disbursements upon the parties.

Subp. 4. Service of objection.

An opposing party has ten working days from the date of service upon him or her to serve and file a formal objection to taxation or allowance.

Subp. 5. Hearing.

If a party requests a hearing on costs, the office shall schedule a hearing and give notice of the hearing to the parties.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.3400 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 1415.3500 Exhibits

Subpart 1. Retention and retrieval of exhibits.

For purposes of this part, an exhibit is a document or other evidence that is introduced at a hearing and is marked, offered, and accepted into the record by a judge as an exhibit. Exhibits do not become a permanent part of the division file; however, the judge's lists of exhibits must be retained in the division file. Exhibits must be retained by the division or the office for 60 days after a final decision is served and filed in the case. During this 60-day period, exhibits may be retrieved by the submitting party upon request to the division. If no party has retrieved the exhibits after 60 days, the exhibits will be destroyed.

Subp. 2.

[Repealed, 29 SR 1448]

Subp. 3.

[Repealed, 29 SR 1448]

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 9 SR 333; 29 SR 1448

Minn. R. 1415.3600 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 1415.3700 Administrative Conferences

Subpart 1. Scope.

This part governs administrative conferences conducted under Minnesota Statutes, sections 176.106 and 176.239. Rehabilitation disputes are also governed by part 5220.0950.

Subp. 2. Notice.

Unless the issue will be decided on the basis of written submissions, or unless the parties agree on a shorter notice period, the division or office must notify the parties and intervenors or potential intervenors under Minnesota Statutes, section 176.361, of the date, time, and place of the conference at least 14 days before the conference under Minnesota Statutes, section 176.106, and at least ten days before the conference under Minnesota Statutes, section 176.239. The qualified rehabilitation consultant, if one is assigned, must be notified of a rehabilitation conference. The special compensation fund must be notified of all administrative conferences where the fund is reimbursing benefits to an insurer or self-insurer under Minnesota Statutes 1990, section 176.131, or Minnesota Statutes 1994, section 176.132, or a claim has been made under the above referenced statutes against the fund for benefits by any of the parties, or the fund is paying benefits under Minnesota Statutes, section 176.191. The notice must include the statutory authority to hold the conference and indicate whether issues from another petition or request form have been joined for consideration at the conference.

Subp. 3. Appearances.

All parties, and the qualified rehabilitation consultant if the conference is conducted under Minnesota Statutes, section 176.106, concerning rehabilitation services, must be given notice and the opportunity to attend administrative conferences or, at their option, to present documents on their behalf. A potential intervenor may attend the conference. Intervenors are required to appear as provided in part 1415.1250, subpart 2, and Minnesota Statutes, section 176.361, subdivision 4. A party may be represented by an attorney. The employee and insurer, or designated person having authority to act on behalf of the party regarding the matter in dispute, is required to attend an administrative conference under Minnesota Statutes, section 176.239, unless health reasons, distances, or other good cause prevents attendance. If absent because of distance, the employee and insurer or authorized designee of the employee and insurer must be available by telephone at the scheduled conference time.

Subp. 4. Information considered.

The presiding official shall permit the parties to present their positions and reports or other documents or information relevant to the issues involved. Reasonable opportunity for parties to refute statements or other information submitted must be allowed. Copies of documents submitted must be simultaneously supplied to the other parties.

Subp. 5. Concurrent litigation.

When the same or a nearly identical issue in the same case is pending with the office, the Workers' Compensation Court of Appeals, or another court, the division must decline to issue a decision and defer to the office or court if issuing a decision will result in an inconsistent determination.

Subp. 6. Continuance.

Continuances are disfavored and will be granted only upon a showing of good cause for the inability or failure to appear at a conference. Good cause generally means that circumstances beyond the control of the party or party's representative prevent attendance at the scheduled time.

Subp. 7. Intervenors.

If, at the time of the conference, the division or office determines that a potential intervenor has not been notified of the conference, the conference must be canceled or continued, the parties may enter into an agreement which does not compromise the rights of the potential intervenor, or the division or office must issue a decision which does not compromise the rights of the potential intervenor.

Subp. 8. Testimony cost.

The division shall not order reimbursement of costs for testimony at an administrative conference.

Subp. 9. Administrative conference documents.

A. Documents submitted to the office during an administrative conference are not maintained in the permanent division file. A party desiring to file an administrative conference document in the permanent division file must file the document with the division.

B. A party submitting a document to be considered at a conference scheduled to be conducted at the office by video technology must prefile the document with the office at the location of the judge at least one full business day before the conference date. Mailed or delivered documents to be considered at the video conference must be placed in a separate, sealed envelope and marked with the name and date of the case and the employee's file number, and must be identified as conference documents of the submitting party. Faxed documents may not exceed 15 pages and must be clearly marked as video conference documents for immediate hand delivery to the judge; must include the name and file number of the employee and the date of the conference; and must identify the submitting party. An adverse party must also receive the documents for a video conference at least one full business day before the conference date.

Subp. 10. Resolution forum.

Administrative conferences concerning rehabilitation issues are conducted by the division unless the division refers the matter to the office. Administrative conferences concerning the discontinuance of benefits under Minnesota Statutes, section 176.239, are conducted by the office. Administrative conferences concerning medical disputes are conducted by the division under this part and part 1415.3800 unless the division refers the matter to the office. Administrative conferences concerning medical disputes referred by the division to the office are conducted informally by the office under this part and part 1415.3800, or more formally in a hearing pursuant to part 1420.2900. Except where the insurer is disputing that the injury arose out of and in the course of employment, a claim petition containing only medical or rehabilitation issues shall be resolved by the division unless the division refers the matter to the office.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 29 SR 1448

Minn. R. 1415.3800 Medical Disputes

Subpart 1. Definition.

For purposes of this part, "medical disputes" means any dispute arising under Minnesota Statutes, sections 176.135, 176.1351, and 176.136, as determined by the division or office under Minnesota Statutes, sections 176.103 and 176.106.

Subp. 2. Medical claim, request.

To request an administrative conference under Minnesota Statutes, section 176.106, on a medical dispute, an employee, insurer, or health care provider as defined by Minnesota Statutes, section 176.011, subdivision 24, must file a medical request form with the division. A medical request form may be filed by a health care provider only where the insurer has denied payment on the basis that a charge is excessive under Minnesota Statutes, section 176.136, subdivision 2. For purposes of filing by a health care provider, a claim is not considered denied based on excessiveness where the insurer asserts that the injury did not arise out of and in the course of employment or where the disputed treatment is for a condition which the insurer asserts is not wholly or partly casually related to the work injury. The requesting party shall serve the medical request form and attachments pursuant to part 1415.0700 and shall serve potential intervenors. The requesting party shall specify the medical disputes and attach supporting documents. A health care provider filing a medical request form must attach evidence of the insurer's denial of payment based on excessiveness, an itemized statement of charges, and the appropriate record as defined in part 5221.0100, subpart 1a. The requesting party must also specify the name and address of any potential intervenor, and the claim or policy number, if known.

Subp. 3. Medical claims response.

If the employee or health care provider has filed a medical request form, the insurer must file a medical response form with the division and serve copies on the other parties no later than 20 days after service of the medical request form or within the time period provided by part 5221.6050, subpart 7. Failure to file a required form will be considered in the determination of disputed issues, penalties, and interest charges, and may result in a determination based solely on the written submissions of the requester when an administrative conference is not scheduled.

Subp. 4. Medical claim; denial of liability.

If a medical request form has been mistakenly filed in a case in which initial issues of liability exist, the matter may be set for a settlement conference before a judge under Minnesota Statutes, section 176.305, or the requester will be instructed to file a claim petition, intervene in another proceeding, or other procedure as the division or office directs.

Subp. 5. Penalties.

Where payment of medical charges is not made in compliance with part 5221.0600 and Minnesota Statutes, section 176.135, a penalty may be assessed under part 5220.2740.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 29 SR 1448

Minn. R. 1415.3900 Discontinuance Conferences

Subpart 1. Purpose.

The purpose of an administrative conference under Minnesota Statutes, section 176.239, is to determine whether reasonable grounds exist for a discontinuance of weekly benefits. If the parties do not reach an agreement on the issues, they will be resolved by a decision of the judge. When the division has referred a medical or rehabilitation issue to the office under part 1415.3700, subpart 10, the medical or rehabilitation issue may also be discussed and clarified at the conference, and a decision issued under Minnesota Statutes, section 176.102 or 176.106, if:

A. all affected parties consent; or

B. a notice that the issues will be joined is issued under part 1415.3700, subpart 2.

Subp. 2. Request.

The employee may request that the office schedule an administrative conference to discuss a proposed discontinuance of benefits. If the proposed discontinuance is based on a reason other than a return to work, the employee's request for a conference must be personally delivered or received by the division or office no later than 12 days from the date a notice of intention to discontinue benefits, which was served on the employee and the employee's attorney, was filed. The employee shall direct a written request for a discontinuance conference to the division or a telephone request to the office. If the proposed discontinuance is based on a return to work, the employee's request must be received by the division or office within 30 days of the reported date of the employee's return to work. Allowance will be made, if appropriate, for nonreceipt or delay under Minnesota Statutes, section 176.285.

If the insurer discontinues, reduces, or suspends benefits without properly serving and filing a notice of intention to discontinue benefits and with the required attachments in a situation in which a notice of intention to discontinue benefits was required under part 5220.2630 and Minnesota Statutes, section 176.238, the employee may request an administrative conference within 40 days after the employee received the last payment but no later than 12 days after a notice of intention to discontinue benefits is properly served and filed, or 30 days after the employee returned to work if the notice is properly served and filed within 14 days after the insurer has notice of the employee's return to work.

Subp. 3. Continuation of benefits.

A. If an employee requests an administrative conference within the time set out in this part, benefits must be paid through the date of the conference unless:

B. If the employee requests a continuance of the conference date that is granted and the employee is awarded ongoing benefits, benefits must be paid through the date of the conference and continuing. If the employee's request for a continuance is granted and the employee is not awarded benefits, benefits need not be paid during the period of continuance. If the employer or insurer requested the continuance, benefits must be paid during the period of continuance. If the employee and insurer's joint request for a continuance is granted, benefits must be paid during the period of continuance unless the employee agrees in writing to waive the interim payment and await a decision regarding payment under subpart 5 following the administrative conference.

Subp. 4. Scheduling.

Subject to part 1415.3700, subpart 6, a discontinuance conference must be set within the time limits set by this subpart. Following a notice of intention to discontinue benefits, the office shall schedule an administrative conference no later than ten days after receipt of a timely request for a conference. If no notice of intention to discontinue benefits was filed as required by part 5220.2630 and the employee requests a conference, the office shall schedule a conference no later than ten days after the division's receipt of the employee's request if the conference request is received within 40 days from the date the employee's last benefit payment was received.

Subp. 5. The decision.

The decision must be based on information presented at the conference and information from the division file relating to authority to decide the issue, and information contained in the notice of intention to discontinue benefits and any attachments. The office shall mail a copy of the decision to the parties no later than five working days from the date of the conference.

Subp. 6. Penalties.

Penalties may be imposed for an improper discontinuance of compensation under part 5220.2720 and Minnesota Statutes, section 176.238, subdivision 10, and for unreasonable or inexcusable delay or other grounds under parts 5220.2760 and 5220.2790 and Minnesota Statutes, section 176.225, subdivisions 1 and 5. If the employee seeks a penalty in a discontinuance proceeding, the employee must provide reasonable prior written notice of the claim for penalties.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 29 SR 1448

Minn. R. 1415.4000 Subrogation Interest in Third-Party Recovery

Subpart 1. Determination of subrogation interest by division.

Where there is no dispute about the facts or the calculation of the subrogation interest, credit, or sum payable to the employee under Minnesota Statutes, section 176.061, subdivision 5, the insurer and employee may submit a petition based on stipulated facts under Minnesota Statutes, section 176.322, to the Workers' Compensation Division for an order determining subrogation interest and credit.

A. The petition must contain substantially the following:

B. The parties may also, but are not required to, submit a proposed calculation of the subrogation interest, including the future credit amount and the sum payable to the employee.

C. The petitioners must file one clean copy of the petitions and attachments, suitable for imaging. The petition must be served on the special compensation fund where it has a subrogation interest based on payments made pursuant to Minnesota Statutes, section 176.183, or a known potential interest under Minnesota Statutes 1990, section 176.131, or Minnesota Statutes 1994, section 176.132.

D. The division may refer a petition based on stipulated facts submitted under this subpart to the office for further proceedings where the parties disagree how the subrogation interest, credit, or sum payable to the parties should be calculated.

E. Except as provided in item D, after receipt of the petition, the division shall serve on the petitioners, and special compensation fund if appropriate, an order containing the following:

Subp. 2. Alternative petitions and orders.

Instead of petitioning the division for an order under subpart 1, parties may request an award from a judge by submitting a stipulated agreement under Minnesota Statutes, section 176.521, or by filing a petition under Minnesota Statutes, section 176.291, for a determination of subrogation interest and credit.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 29 SR 1448

Minn. R. 1415.4100 Severability

If any provision of this chapter is held to conflict with a governing statute, applicable provisions of the Minnesota Administrative Procedure Act, or other relevant law; to exceed the statutory authority conferred; to lack a reasonable relationship to statutory purposes or to be unconstitutional, arbitrary, or unreasonable; or to be invalid or unenforceable for any other reason, the validity and enforceability of the remaining provisions of the rule shall in no manner be affected.

History

Statutory Authority: MS s 14.51; 175.17; 175.171; 176.081; 176.155; 176.231; 176.285; 176.312; 176.361; 176.83
History: 29 SR 1448

Chapter 3801 ELECTRICAL PROCEDURES AND TRAINING

Minn. R. 3801.3610 Exclusive Administrative Remedy

The procedures prescribed by parts 3801.3660 to 3801.3690 constitute the exclusive administrative remedies for preventing connection or requiring disconnection of the supply of electrical power to a premises.

History

Statutory Authority: MS s 326.241
History: 14 SR 518

Minn. R. 3801.3619 Definitions

Subpart 1. Scope.

For the purposes of part 3801.3620, the terms defined in this part have the meanings given them.

Subp. 1a. Board.

"Board" means the Board of Electricity.

Subp. 1b. Department.

"Department" means the Department of Labor and Industry.

Subp. 2. Labeled.

"Labeled" has the meaning given in Article 100 of the National Electrical Code.

Subp. 3. Listed.

"Listed" has the meaning given in Article 100 of the National Electrical Code.

Subp. 4. National Electrical Code.

"National Electrical Code" means the National Electrical Code as incorporated by reference in part 1315.0200.

Subp. 5. Testing laboratory.

"Testing laboratory" means an electrical testing laboratory that has provided a written report to the department showing that it has the facilities listed in Section 90.7 of the National Electrical Code or that is accredited under the federal Occupational Safety and Health Administration Nationally Recognized Testing Laboratory program.

History

Statutory Authority: MS s 326.241; 326B.02
History: 15 SR 1842; 50 SR 971

Minn. R. 3801.3620 Approval of Electrical Equipment

Subpart 1. National standards.

Except as otherwise provided in subpart 2 or 3, as a condition for approval under Minnesota Statutes, section 326B.35, and the National Electrical Code, all electrical equipment, including material, fittings, devices, apparatus, fixtures, appliances, and utilization equipment, used as part of, or in connection with, an electrical installation shall be listed and labeled by a testing laboratory.

Subp. 2. Alternatives to listing and labeling.

With the exception of electrical equipment of types specifically required to be listed by the National Electrical Code, the department shall accept one of the applicable methods described in item A, B, or C as an alternative to listing and labeling.

A. Evaluation by a testing laboratory or by a registered or licensed electrical engineer who has no financial or other interest in the manufacture or sale of the equipment, provided that any deficiencies identified by the evaluation are corrected and the equipment complies with the listed requirements. A written report of the evaluation shall be submitted directly to the department and shall state the standards that were applied in the evaluation. Evaluation reports by an electrical engineer acting independently of a testing laboratory shall also include an item-by-item comparison of the equipment with the requirements to be listed. If the department finds that the evaluation or evaluation report is incomplete or inaccurate, it retains the right to require further evidence of compliance or to reject the equipment.

B. Evaluations conducted according to the procedures in item A shall be considered evidence of compliance of all identical equipment produced by that manufacturer for a period of one year from the time the evaluation was completed, or until the equipment has been listed, whichever is less, provided that the manufacturer has applied for listing of the equipment, or produces fewer than 100 such units per year. Where additional identical equipment will be produced, the manufacturer shall provide the department with a written statement giving the equipment model number and agreeing that all subsequent equipment will be identical to that which was evaluated and, where the equipment has not been submitted for listing, shall also provide a written report to the department 12 months from the date of the evaluation report which lists the serial numbers of the equipment installed in Minnesota over the preceding 12 months.

C. Where procedures acceptable to the testing laboratory are followed, a manufacturer of unlisted equipment shall be permitted to submit the equipment to another manufacturer of similar listed equipment for evaluation, correction of noncomplying construction, and labeling.

Subp. 3. Equipment exempt from listing requirements.

Equipment described in items A to D is exempt from the requirements in subparts 1 and 2.

A. Industrial machinery as defined by the National Electrical Code is not required to be listed where all electrical components of the equipment, including electrical control panels and solid-state motor controls, are in compliance with item B or C, or subpart 1 or 2, and all of the machine electrical wiring is in compliance with the National Electrical Code.

B. Electrical equipment enclosed in a listed cabinet or box suitable for the environment in which it is installed, and electrically connected only to circuits supplied from listed Class 2, communications, or other circuits with maximum open circuit voltage of 30 volts rms AC, or DC, and overcurrent protection of eight amperes or less, or to any combination of such circuits, is not required to be listed.

C. Electrical control equipment constructed according to the listed requirements and enclosed in a listed cabinet or box suitable for the environment in which it is located, where the enclosed equipment consists of eight or fewer listed components, other than wires, cables, cords, terminal assemblies, nonelectrical components, and those covered under item B is not required to be listed.

D. Utilization equipment as defined by the National Electrical Code is not required to be listed if:

History

Statutory Authority: MS s 326.241; 326B.02
History: 14 SR 518; 15 SR 1842; 17 SR 139; L 2007 c 140 art 5 s 32; art 13 s 4; 50 SR 971

Minn. R. 3801.3640 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3650 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3660 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3670 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3680 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3690 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3700 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3710 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3720 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3730 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3740 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3760 [Repealed, L 2012 c 295 art 1 s 17]

[Repealed, L 2012 c 295 art 1 s 17]

Minn. R. 3801.3770 Rough-in Inspection of Wiring to Be Concealed

Where wiring is to be concealed, the inspector must be notified sufficiently in advance to permit completion of a rough-in inspection of the wiring method and conductor splicing intended to be concealed, exclusive of Saturdays, Sundays, and holidays. In the event wiring is concealed before rough-in inspection without adequate notice having been given to the inspector, the person responsible for having enclosed the wiring shall be responsible for all costs resulting from uncovering and replacing the cover material.

History

Statutory Authority: MS s 326.241; 326B.02
History: 14 SR 518; 50 SR 971

Minn. R. 3801.3780 Request for Electrical Permits, Notification for Final Inspection, and Expiration

Subpart 1. Final inspection.

Installers of electrical wiring shall schedule a final inspection of the work associated with an electrical permit prior to the wiring being utilized by the intended user and the associated space being occupied.

Subp. 2. Expiration.

Electrical permits with inspection fees of $1,000 or less are void 12 months from the original filing date regardless of whether the wiring is completed. A new electrical permit shall be filed on all unfinished work when the work is not completed within 12 months from the filing date of the original electrical permit. An inspection fee calculated according to Minnesota Statutes, section 326B.37, for all unfinished work shall be submitted with the new electrical permit. Electrical permit fees of $1,000 or less are not refundable after 12 months from the original filing date.

Subp. 3. Authority.

The authority to install electrical wiring associated with an electrical permit is void at the time of a final inspection or expiration, whichever occurs first. The department's authority to inspect wiring covered by an electrical permit continues until the installation is approved at a final inspection.

Subp. 4. Nonpayment of permit fees.

The department shall not accept a permit application from an electrical contractor, registered employer, or owner that is delinquent with fees for previously issued permits.

History

Statutory Authority: MS s 326.241; 326B.02
History: 14 SR 518; 26 SR 1756; L 2007 c 140 art 5 s 32; art 13 s 4; 50 SR 971

Subpart 1. Requirement.

Employers claiming an employee is under 18 must have his or her birthdate substantiated by a birth record or an age certificate issued by the local superintendent of schools, or a photocopy of the employee's driver's license, or a Minnesota identification card issued by the Department of Transportation included in the payroll records kept for the employee. Failure to provide proof of the ages of minors employed makes the employer liable for the adult minimum wage and other penalties imposed for failure to keep and maintain records related to the employment of minors.

Subp. 2. Statutory requirement and criminal liability.

The Child Labor Standards Act, Minnesota Statutes, section 181A.06, subdivision 1 provides as follows:

"Every employer shall require proof of the age of any minor employee or prospective employee by requiring the minor to submit an age certificate, a copy of the minor's birth record, or a copy of the minor's driver's license. Upon the request of a minor, an age certificate shall be issued by or under the authority of the school superintendent of the district in which the applicant resides. Superintendents, principals, or headmasters of independent or parochial schools shall issue age certificates to minors who attend such schools."

Minnesota Statutes, section 181A.12, subdivision 1: "Any employer who hinders or delays the department or its authorized representative in the performance of its duties under sections 181A.01 to 181A.12, or refuses to admit the commissioner or an authorized representative to any place of employment, or refuses to make certificates or lists available as required by sections 181A.01 to 181A.12, or otherwise violates any provisions of sections 181A.01 to 181A.12, or any regulations issued pursuant thereto shall, upon conviction therefor, be guilty of a gross misdemeanor."

Minnesota Statutes, section 181A.12, subdivision 2: "Any other person violating any provision of sections 181A.01 to 181A.12 or any regulations issued pursuant thereto or assisting another in such violation is guilty of a misdemeanor."

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740; 17 SR 1279; L 2001 1Sp9 art 15 s 32

Minn. R. 5200.0020 [Repealed, L 2010 c 280 s 41]

[Repealed, L 2010 c 280 s 41]

Minn. R. 5200.0030 Subminimum Wage Rates for Workers with Disabilities

Subpart 1. Permit required.

Subminimum wage rates may be paid to workers with disabilities only after receiving a permit from the Labor Standards Division. If no permit is issued, a worker, no matter how severely disabled, shall be paid the minimum wage. The subminimum rate will be based on the extent to which the worker's performance is limited but in no case may it fall below 50 percent of minimum wage, except as provided under subpart 4. "Performance" is based on a time study of workers with disabilities as compared to a time study of nondisabled workers on the same job. The time study must be conducted under the same working conditions for the disabled and the nondisabled.

Subp. 2. Limit on work force at subminimum wage.

No profit-making organization may employ disabled workers at a subminimum wage for more than ten percent of its total work force unless granted a special permit by the commissioner of labor and industry to exceed the ten percent limitation.

Subp. 3. Rehabilitation facilities.

Rehabilitation facilities are excluded from the percentage limitations of numbers of employees and percentage of minimum wage contained in subparts 1 and 2, but not from the permit requirement.

Subp. 4. United States labor permits.

Permits issued by the United States Department of Labor under Code of Federal Regulations, title 29, part 524 or 525, authorizing subminimum wage rates shall be accepted by the division in lieu of the permit required in subpart 1. Where the worker would otherwise be employed in a rehabilitation facility, the commissioner of labor and industry may grant a special permit authorizing a wage rate of less than 50 percent of the minimum wage.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740; L 1988 c 689 art 2 s 268; L 2005 c 56 s 2

Minn. R. 5200.0040 Equal Pay for Workers with Disabilities

Where a person with a disability is now performing or is being considered for employment where he or she will perform work which is equal to work performed by a nondisabled person, such person with a disability shall be paid the same wage as a nondisabled person with similar experiences.

History

Statutory Authority: MS s 177.28
History: L 2005 c 56 s 2

Minn. R. 5200.0050 [Repealed, L 2010 c 280 s 41]

[Repealed, L 2010 c 280 s 41]

Minn. R. 5200.0060 Meal Allowance

A meal allowance is credited toward the minimum wage only when the meal is furnished by the employer and accepted by the employee. The employer shall not require the employee to accept meals as a condition of employment. A meal is defined as an adequate portion of a variety of wholesome, nutritious foods and shall include at least one food from each of the following four groups: fruits or vegetables; cereals, bread, or potatoes; eggs, meat, or fish; milk, tea, or coffee; except that for breakfast, eggs, meat, or fish may be omitted if both cereal or bread are offered. The employer must keep a record of each meal accepted by the employee before any meal credit can be taken.

Meals must be consistent with the employee's work shift. Meal periods of less than 20 minutes may not be deducted from hours worked, nor may meal periods be deducted where the employee is not entirely free from work responsibility.

The meal allowance is 60 percent of the adult minimum wage rate for one hour of work per meal.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0070 Lodging Allowance

Subpart 1. Conditions.

If practical or economic realities of the employment situation require employees to accept lodging owned or controlled by the employer, or where the employee must accept that lodging as a condition of employment, the employer may credit toward the minimum wage the cost of the lodging only as provided in either subpart 2 or 3.

Subp. 2. Daily allowance.

A lodging allowance not to exceed 75 percent of the adult minimum wage for one hour of work may be taken per day if the lodging is adequate, decent, and sanitary according to usual and customary standards.

Subp. 3. Fair market value.

Lodging, the nature of which is ordinarily and commonly considered to be a tenancy in the chief place of residence of the employee, shall be credited toward the minimum wage of that employee at the rate of the fair market value of the lodging. Where more than one employee shares the same residence, the lodging allowance for the total number of employees sharing the residence shall not exceed the fair market value of the residence. The tenancy shall be evidenced by a written or oral lease agreement providing for at least a month-to-month tenancy, and shall include exclusive, self-contained bathroom and kitchen facilities.

Subp. 4. Seasonal employment.

Where employment is available only on a seasonal basis, the maximum lodging credit will be as provided in subpart 2.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0080 Gratuities/Tips Credits

Subpart 1.

[Repealed, 11 SR 1740]

Subp. 2.

[Repealed, L 2010 c 280 s 41]

Subp. 3.

[Repealed, L 2010 c 280 s 41]

Subp. 4. Tip pooling or sharing of gratuities.

Pooling or sharing of gratuities may not be a condition of employment. An indirect service employee who benefits because the recipient shares the gratuity with him or her shall not have the remuneration considered in the calculation of his or her wages.

Subp. 4a. Obligatory charges.

For purposes of Minnesota Statutes, section 177.23, subdivision 9, obligatory charges which might reasonably be construed by the guest, customer, or patron as a sum to be given to an employee as payment for personal services rendered, include, but are not limited to, service charges, tips, gratuities, and/or surcharges which are included in the statement of charges given to the customer.

Subp. 4b. Clear and conspicuous notice.

For purposes of Minnesota Statutes, section 177.23, subdivision 9, clear and conspicuous notice that the obligatory charge is not a gratuity is notice clearly printed, stamped, or written in bold type on the menu, placard, the front of the statement of charges, or other printed material given to the customer. Type which is at least 18 point (one-fourth inch) on the placard, or 9 point (one-eighth inch) or larger on all other notices is clear and conspicuous.

Subp. 5.

[Repealed, 11 SR 1740]

Subp. 6. Direct service employee.

A "direct service employee" is one who in a given situation performs direct service for a customer and is to be considered a tipped employee. An indirect service employee is a person who assists a direct service employee, these include, but are not limited to, bus people, dishwashers, cooks, or hosts.

Subp. 7.

[Repealed, L 2024 c 110 art 7 s 10]

Subp. 8. Divided gratuities.

When more than one direct service employee provides direct service to a customer or customers in a given situation such as banquets, cocktail and food service combinations, or other combinations, money presented by customers, guests, or patrons as a gratuity and divided among the direct service employees is not a violation of Minnesota Statutes, section 177.24, subdivision 3.

Subp. 9.

[Repealed, 11 SR 1740]

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740; L 2010 c 280 s 41; L 2011 c 76 art 1 sec 71,77

Minn. R. 5200.0090 Deductions

Subpart 1. When prohibited.

Deductions from the minimum wage, whether direct or indirect, may not be made for shortages in money receipts or merchandise, for the purchase or rental of uniforms or nonhome maintenance of uniforms, consumable supplies, travel expenses, for spoilage, for breakage or other damage, for cash shortages or losses resulting from omissions or other errors, for walkouts, bad checks, bad credit slips, missing guest checks, or robbery, or fines for disciplinary purposes. "Consumable supplies" means materials required to perform duties of employment that are used up in the course of employment. "Consumable supplies" may include, but are not limited to, materials used by cosmetologists in the care and beautification of the hair and body of customers, building and utility costs, office supplies, parts and materials used in manufacture or repair, and chemicals used in lawn care. "Travel expenses" means receipted out-of-pocket expenses for transportation, meals and lodging, or an agreed upon allowance, whichever is greater.

Subp. 2. Indirect.

An indirect deduction is any recoupment or payment received by an employer by methods other than payroll deductions, such as cash payments or endorsing over of checks, or the purchase or rental of any of the items listed in Minnesota Statutes, section 177.24, subdivision 4, by the employee directly from the supplier.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0100 Employer Records

By definition, "hours worked each day" includes beginning and ending time of work each day, which shall include a.m. and p.m. designations, and such designations shall be included in the employer's records.

History

Statutory Authority: MS s 177.30

Minn. R. 5200.0110 Other Special Items

Other special items in a particular case which are not specifically outlined by law or rules shall be ruled on by the commissioner of labor and industry.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0120 Hours Worked

Subpart 1. General.

The minimum wage must be paid for all hours worked. Hours worked include training time, call time, cleaning time, waiting time, or any other time when the employee must be either on the premises of the employer or involved in the performance of duties in connection with his or her employment or must remain on the premises until work is prepared or available. Rest periods of less than 20 minutes may not be deducted from total hours worked.

Subp. 2. On-call time.

An employee who is required to remain on the employer's premises or so close to the premises that the employee cannot use the time effectively for the employee's own purposes is working while on call. An employee who is not required to remain on or near the employer's premises, but is merely required to leave word at the employee's home or with company officials where the employee may be reached is not working while on call.

Subp. 3. Off duty.

Periods when the employee is completely relieved of duty and free to leave the premises for a definite period of time, and the period is long enough for the employee to use for the employee's own purposes, are not hours worked.

Subp. 4. Meals.

Bona fide meal periods are not hours worked. Bona fide meal periods do not include rest periods such as coffee breaks or time for snacks. The employee must be completely relieved from duty for the purpose of eating regular meals. Thirty minutes or more is ordinarily long enough for a bona fide meal period. A shorter period may be adequate under special conditions. The employee is not completely relieved from duty if required to perform any duties, whether active or inactive, while eating. It is not necessary that an employee be permitted to leave the premises, if the employee is otherwise completely freed from duties during the meal period. If the meal period is frequently interrupted by calls to duty, the employee is not relieved of all duties and the meal periods must be considered as hours worked.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0121 Sleeping Time and Certain Other Activities

Subpart 1. Less than 24-hour duty.

An employee who is required to be on duty for less than 24 hours is working even though the employee is permitted to sleep or engage in other personal activities when not busy except as provided in Minnesota Statutes, section 177.23, subdivision 11.

Subp. 2. Duty of 24 hours or more.

If an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than eight hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted sleeping period. If a sleeping period is of more than eight hours, only eight hours may be excluded. Where no expressed or implied agreement to the contrary is present, the lunch periods and up to eight hours of sleeping time constitute hours worked.

If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted so that the employee cannot get a minimum of five hours of sleep, the entire period must be counted as hours worked.

Subp. 3. Employees residing on employer's premises or working at home.

An employee who resides on the employer's premises on a permanent basis or for extended periods of time is not considered as working all the time the employee is on the premises. Ordinarily, an employee may enjoy periods of complete freedom from all duties, during which the employee may engage in normal private pursuits. These free periods are not considered hours worked.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0130 Regular Rate of Pay

In calculating overtime compensation due, the regular rate of pay is determined by dividing the employee's remuneration in any workweek by the total hours worked.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0140 Exclusions from Wages

Payments which are not considered part of the employee's remuneration, for the purposes of calculating regular rate of pay, include:

A. reimbursement for expenses incurred on the employer's behalf;

B. premium payments for overtime work or work on Saturdays, Sundays, holidays, or scheduled days off, if the premium rate is at least 1-1/2 times the normal rate;

C. bonuses given at the employer's discretion, as to both time and amount of payment;

D. cash or other valuables in the nature of gifts on special occasions;

E. payments for occasional periods when no work is performed including but not limited to vacation, holiday, or illness;

F. payments made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan, if amounts are determined without regard to production or efficiency; and

G. contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance or similar benefits for employees.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0150 Overtime Pay

Overtime pay shall be paid no later than the payday immediately following the regular payday for the pay period in which it was earned.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0160 Employer Credits

Credit granted the employer for such items as meals must be included in the employee's remuneration total.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0170 Workweek

Subpart 1. Definition.

The period of time used for determining compliance with the minimum wage rate, overtime compensation, and designation as a part-time employee is the workweek, which is defined as a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. This is true whether the employee is paid on an hourly, piecework, commission, or any other basis. Once the workweek is established, it remains fixed, although it may be changed if the change is intended as permanent rather than as an evasion of the overtime provisions. If no workweek is designated, it shall follow the calendar week.

The commissioner of labor and industry may upon receiving application made by an employer establish a different period of time to be used as workweek for purposes of this part.

Subp. 2. Excessive workweeks.

No employer shall be deemed to have violated Minnesota Statutes, section 177.25, subdivision 1 by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if:

A. the regular rate of pay of such employee is in excess of 1-1/2 times the minimum hourly rate applicable to him or her under Minnesota Statutes, section 177.24; and

B. more than half the compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0180 Executive, Administrative, and Professional Personnel

Subpart 1. Duties determine status.

The primary duties of the employee are determinative of his or her status under this exemption. Only where the employee's primary duties meet all the criteria under a particular test may the employer consider the employee to be exempt from the overtime wage provisions.

Subp. 2. Definition of manage.

For purposes of parts 5200.0180 to 5200.0210, the term "manage" means to control and direct the business operations of a given enterprise, department, or branch establishment. Duties involved in managing must involve the making of decisions and the issuance of directions to other employees which involve skill and judgment. The term includes those employees that act primarily and principally in a directive capacity as opposed to those who primarily do the actual work.

Subp. 3. Discretionary powers.

The thrust of this criterion is to distinguish between those employees empowered to independently commit their employers on matters of importance and those employees who merely make day-to-day decisions which, although necessary to the daily operations of the employer's business, are routine, or follow prescribed procedures, or involve a determination of whether specific standards are met, or are lacking in substantial importance to the employer's business as a whole. One test which should be utilized in determining whether an employee exercises discretionary powers is to ask whether the decisions being made involve a discretion as to company policy or procedure or commit the employer on matters of substantial importance. Mere recommendations with respect to policies and procedures are not sufficient unless it can be shown that the employer consistently accepted and followed those recommendations.

Subp. 4. Sole charge.

Only one employee per enterprise, department, or branch establishment may be considered to be in sole charge regardless of the number of work shifts per day.

Subp. 5. Determination of exempt and nonexempt work.

In determining exempt and nonexempt work under parts 5200.0180 to 5200.0210, work directly related to executive or administrative work may be included if the executive work which it relates to is actually performed by the employee. It is not sufficient to claim certain work is exempt where the executive or administrative function it might be directly related to is not performed by the employee.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0190 Executive Tests

Subpart 1. Executive test I.

Executive test I:

A. receives at least $250 per week in salary;

B. manages the enterprise by which the person is employed or a recognized department or subdivision thereof; and

C. customarily directs the work of two or more other employees.

Subp. 2. Executive test II.

Executive test II:

A. receives at least $155 per week in salary;

B. manages and supervises a department of at least two other full-time people (a full-time employee is defined as one who works at least 35 hours in a workweek);

C. has authority to hire or fire or suggest changes in employees' status;

D. regularly exercises discretionary powers; and

E. either:

History

Statutory Authority: MS s 177.28
History: 17 SR 1279

Minn. R. 5200.0200 Administrative Tests

Subpart 1. Administrative test I.

Administrative test I:

A. receives at least $250 per week in salary or fee;

B. either performs office or nonmanual work directly related to management policies or general business operations, or performs functions in the administration of a school system or subdivision thereof, in work directly relating to academic instruction; and

C. regularly exercises discretion or independent judgment.

Subp. 2. Administrative test II.

Administrative test II:

A. receives at least $155 per week in salary or fee;

B. either performs office or nonmanual work directly related to business operations or management policies, or administers an educational system or subdivision thereof in work relating to academic instruction;

C. regularly exercises discretion and independent judgment and makes important decisions;

D. either:

E. devotes less than 20 percent of time worked, or 40 percent in retail or service establishments, to nonexempt work.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0210 Professional Tests

Subpart 1. Professional test I.

Professional test I:

A. receives at least $250 per week in salary or fee;

B. either:

C. consistently exercises discretion and judgment.

Subp. 2. Professional test II.

Professional test II:

A. receives at least $170 per week in salary or fee;

B. either:

C. consistently exercises judgment and discretion;

D. performs predominantly intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and

E. devotes less than 20 percent of the hours worked to activities not essential to the person's professional work.

History

Statutory Authority: MS s 177.28
History: 17 SR 1279

Minn. R. 5200.0211 Salary

Subpart 1. Predetermined weekly wage.

A salary is not an hourly rate. An employee is paid a salary if the employee, through agreement with an employer, is guaranteed a predetermined wage for each workweek. An employee may still be salaried even if complete days absent are deducted from salary for reasons other than no work available. Should those deductions reduce the salary for the workweek below the minimum salary required by Minnesota Statutes, section 177.23, subdivision 7, clause (2), or parts 5200.0190 to 5200.0210, the employer will lose the exemption in that workweek.

Subp. 2. Weeks of no work.

Complete weeks in which an employee performs no work may be deducted from salary.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0220 Outside Salesperson

"Salesperson" is defined as one who makes sales of, or obtains orders or contracts for, materials, services, or the use of facilities for which payment will be made. Incidental deliveries, collections, and other nonsales or nonsolicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson. An outside salesperson is hired for the express purpose of performing such duties away from the employer's place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of nonoutside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons.

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0221 Independent Contractor

An independent contractor is not an employee. Parts 5224.0330 and 5224.0340 shall be used to determine whether an employment relation exists, except that control of the method and manner of performance is not the most important factor. All factors must be weighed to determine whether the worker is economically dependent upon the business to which the worker provides services.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0230 Gratuitous Service

Gratuitous service is voluntarily donated work performed by a person who receives for it no monetary compensation or other valuable consideration. The individual may be reimbursed for out-of-pocket expenses needed to perform the services, but only if these expenses are itemized. The acceptance of an expense allowance (that is, a gross sum provided with no itemized list of expenses) makes the individual nonexempt. See Minnesota Statutes, section 177.23, subdivision 7, clause (7).

History

Statutory Authority: MS s 177.28
History: 17 SR 1279

Minn. R. 5200.0240 Nonprofit Organization

"Nonprofit organization" is defined as a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earning of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation. See Minnesota Statutes, section 177.23, subdivision 7, clause (7).

History

Statutory Authority: MS s 177.28

Minn. R. 5200.0241 Staff Member

For purposes of Minnesota Statutes, section 177.23, subdivision 7, clause (5), "staff member" means any employee who spends more than half of the employee's working hours in direct personal assistance and guidance to campers. "Staff member" does not include a regular organizational noncamp employee who may be assigned temporarily to camp and does not include camp personnel hired primarily for the purpose of maintenance or kitchen chores.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0242 Seasonal Basis Defined

For purposes of Minnesota Statutes, section 177.23, subdivision 7, and part 5200.0070, "seasonal" means no more than 30 weeks in any calendar year. Any part of a calendar week shall be counted as a week.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0250 [Repealed, 11 SR 1740]

[Repealed, 11 SR 1740]

Minn. R. 5200.0251 Payment of Back Wages and/or Gratuities to Missing Employees

Sums due to employees who cannot be located shall be reported as unclaimed property under Minnesota statutes.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0260 Agriculture

For purposes of Minnesota Statutes, section 177.23, subdivision 7, "agriculture" means farming in all its branches and includes, but is not limited to, dairying, the field production, cultivation, growing, and harvesting of any agricultural or horticulture commodity, and the raising of livestock, bees, fur-bearing animals, and poultry. Agriculture includes repair, maintenance, and construction work incidental to such operation and the cleaning, processing, preservation, loading, and transporting to market or storage of the farmer's own agricultural products. Industrial operations and processes that are more akin to manufacturing than to agriculture are not included. It does not include greenhouse work. It does not extend to outside services hired by the farmer. It does not include services performed for others, including, but not limited to, boarding or training of animals, lawn care, or landscaping.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0261 Specified Defined

For purposes of Minnesota Statutes, section 177.23, subdivision 7, clause (1), the term "specified" shall be applied on a workweek-to-workweek basis and means all employees paid a salary where the employer has two or fewer employees paid a salary. Where employees paid a salary exceed two in any given workweek, the employer must designate in the payroll records which two are exempt and notify the employees concerned. The burden of proof will be on the employer should an employee claim nonnotification.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0262 Farming Unit or Operation

For purposes of Minnesota Statutes, section 177.23, subdivision 7, clause (1), a "farming unit" is a legal entity engaged in agricultural activities as defined by part 5200.0260. A farming operation is one or more commonly owned farming units in which employees and/or equipment is shared. No more than two workers may be exempt under Minnesota Statutes, section 177.23, subdivision 7, clause (1), regardless of the number or location of the farming units that make up the farming operation.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0270 Fair Defined

For purposes of Minnesota Statutes, section 177.23, subdivision 7, a "fair" is an enterprise with or without payment of an admission fee that derives revenues principally from the sale of admission to events such as rides, sideshows, or exhibits. "Fair" includes amusement parks, carnivals, and circuses but does not include trade shows.

History

Statutory Authority: MS s 177.28; 181A.12
History: 11 SR 1740

Minn. R. 5200.0280 Discrimination and Termination

Subpart 1. Notice required.

All employers must notify employees of their rights regarding termination under Minnesota Statutes, sections 181.931 to 181.935.

Subp. 2. Form and time of notice.

Notice is accomplished by posting summaries of Minnesota Statutes, sections 181.931 to 181.935 in a conspicuous and accessible place in or about the premises in which any employee works.

History

Statutory Authority: MS s 181.934
History: 12 SR 2425

Minn. R. 5200.0290 Authority, Scope, and Purpose

Parts 5200.0290 to 5200.0420 are adopted pursuant to Minnesota Statutes, section 178.041, subdivisions 1 and 2. Their purpose is to provide procedures for the voluntary apprentice program administration.

History

Statutory Authority: MS s 178.041
History: 9 SR 2008

Minn. R. 5200.0300 [Repealed, L 2014 c 305 s 32]

[Repealed, L 2014 c 305 s 32]

Minn. R. 5200.0310 [Repealed, L 2014 c 305 s 32]

[Repealed, L 2014 c 305 s 32]

Minn. R. 5200.0320 Minnesota Minimum Standards

Subpart 1.

[Repealed, L 2014 c 305 s 32]

Subp. 2.

[Repealed, L 2014 c 305 s 32]

Subp. 3.

[Repealed, L 2014 c 305 s 32]

Subp. 4.

[Repealed, L 2014 c 305 s 32]

Subp. 5.

[Repealed, L 2014 c 305 s 32]

Subp. 6. Credit for previous experience.

Credit may be awarded for previous experience and/or training which is applicable to learning program requirements. If credit is awarded, the apprentice shall be advanced in the graduated wage schedule accordingly.

Subp. 7.

[Repealed, L 2014 c 305 s 32]

Subp. 8. Responsibilities of apprentice.

Apprentices employed under these standards shall agree to be punctual and regular in attendance, and to endeavor to the best of their ability to perfect the required skills in the chosen craft.

Subp. 9.

[Repealed, L 2014 c 305 s 32]

Subp. 10.

[Repealed, L 2014 c 305 s 32]

Subp. 11.

[Repealed, L 2014 c 305 s 32]

Subp. 12.

[Repealed, L 2014 c 305 s 32]

Subp. 13.

[Repealed, L 2014 c 305 s 32]

Subp. 14.

[Repealed, L 2014 c 305 s 32]

Subp. 15.

[Repealed, L 2014 c 305 s 32]

History

Statutory Authority: MS s 14.388; 178.041
History: 9 SR 2008; 33 SR 130; 35 SR 505; L 2014 c 305 s 30; L 2014 c 305 s 32

Minn. R. 5200.0330 Cancellation of Apprenticeship Agreement

The apprenticeship agreement may be canceled by the director of apprenticeship for failure to comply with training requirements.

History

Statutory Authority: MS s 178.041
History: 9 SR 2008

Minn. R. 5200.0340 [Repealed, L 2014 c 305 s 32]

[Repealed, L 2014 c 305 s 32]

Minn. R. 5200.0350 Duties of Sponsors

It shall be the sponsor's obligation to:

A. Prepare the apprenticeship program for submission to the division.

B. Prepare apprenticeship agreements. All sponsors shall use the state of approved apprenticeship agreement form.

C. Each program operating under an apprenticeship committee pursuant to Minnesota Statutes, section 178.05, must in its standards provide for a tie-breaking procedure so it will be able to reach a majority decision.

D. Submit two copies of a safety program providing for a minimum of 50 hours per year for safety training of apprentices. Any request for variance from this part must be presented in writing and approved by the director of the division.

History

Statutory Authority: MS s 178.041
History: 9 SR 2008; L 2014 c 305 s 30

Minn. R. 5200.0360 [Repealed, L 2014 c 305 s 32]

[Repealed, L 2014 c 305 s 32]

Minn. R. 5200.0370 Equal Opportunity for Apprentices

Requirements of program sponsors under the Minnesota plan for equal employment opportunity in apprenticeship and Code of Federal Regulations, title 29, part 30 are as follows.

A. Programs with fewer than five apprentices must submit the following: two copies of the proposed program, and include in its standards the approved equal opportunity pledge.

B. Programs with five or more apprentices must submit the following: two copies of the proposed program, including in its standards the approved equal opportunity pledge and a written affirmative action plan adopting one of the following four approved selection procedures under the Minnesota plan for equal employment in apprenticeship:

C. Requirements for program reciprocity under the Minnesota plan for equal employment opportunity in Apprenticeship and Code of Federal Regulations, title 29, part 30, are as follows:

History

Statutory Authority: MS s 14.388; 178.041
History: 9 SR 2008; 33 SR 130; L 2015 c 54 art 5 s 15

Minn. R. 5200.0380 Complaints of Discrimination

Subpart 1. Right to complain.

Any apprentices or applicants for apprenticeship who believes that they have been discriminated against on the basis of race, color, religion, national origin, or sex with regard to apprenticeship or that the equal opportunity standards in respect to their selection have not been followed in the operation of an apprenticeship program may file a complaint. The complaint must be in writing and must be signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a description of the circumstances of the failure to apply the equal opportunity standards.

Subp. 2. Filing date.

The complaint must be filed no later than 90 days from the date of the alleged discrimination.

Subp. 3. Referral of complaint.

In the case of review boards designated by program sponsors to review complaints, the referral of the complaint by the complainant to the agency must occur within 90 days or 30 days after the final decision of the review board, whichever is later.

Subp. 4. Compliance reviews.

Where no review board exists, the apprenticeship agency may conduct compliance reviews as found necessary in order to make a determination of facts relating to compliance with the equal employment opportunity plan.

Subp. 5. Legal action against program.

The apprenticeship agency may, as a result of a compliance review or other reason, deregister the program or refer the matter to the United States attorney general with recommendations for the institution of a court action under Title 7 of the Civil Rights Act of 1964.

History

Statutory Authority: MS s 178.041
History: 9 SR 2008

Minn. R. 5200.0390 [Repealed, L 2014 c 305 s 32]

[Repealed, L 2014 c 305 s 32]

Minn. R. 5200.0400 [Repealed, L 2024 c 110 art 4 s 25]

[Repealed, L 2024 c 110 art 4 s 25]

Minn. R. 5200.0410 Certificate of Completion

Subpart 1. Signature.

The completion certificate is the standard approved state certificate. This certificate must be signed by the commissioner of labor and industry, director of apprenticeship, a representative of the local joint apprenticeship committee, the employer, and representative from the union if a bargaining agreement exists. For those trades for which a state license is issued by a state licensing authority, issuance of the certificate of completion of apprenticeship is conditioned on the apprentice having secured the appropriate license and is a part of the registered standards for licensed trades.

Subp. 2. Written request from sponsor.

Before any certificate of completion is issued, the division must receive a request in writing from the sponsor. If the employer does not request the completion certificate or refuses to sign a certificate, the director of the division, after investigating the circumstances, shall issue the certificate without the employer's request or signature, providing the apprentice has fully completed the program in compliance with the terms of the apprenticeship agreement.

History

Statutory Authority: MS s 178.041
History: 9 SR 2008; L 2014 c 305 s 30

Minn. R. 5200.0420 Maintenance of Records

Subpart 1. Advisory board's duty.

Minnesota apprenticeship board business and records are kept by the division for the board.

Subp. 2. Sponsor's duty.

Sponsors shall keep and maintain records of progress as required by the division on record cards furnished by the sponsor or standard progress record cards furnished by the state, on an ongoing basis from the start to the completion of an apprenticeship. These progress records must be kept on the sponsor's premises and must be accessible to all authorized personnel of the division. The definition of sponsor is the employer, association of employers, organization of employees, apprenticeship coordinator, or individual representing the joint apprenticeship committee. The division must be notified of the current address where records are kept and the person responsible for the records.

Subp. 3. Retention and availability of records.

Under the state of Minnesota plan for equal employment opportunity in apprenticeship, it is the obligation of the sponsor to keep records as required by the division pertaining to individual applicants for apprenticeship whether selected or rejected, for five years and be made available upon request to authorized personnel of the division. These records pertaining to applicants must be maintained in a manner that permits identification of minority and female participants.

History

Statutory Authority: MS s 14.388; 178.041
History: 9 SR 2008; 33 SR 130; L 2014 c 305 s 30

Minn. R. 5200.0500 Definitions

Subpart 1. Scope.

For purposes of those provisions of law relating to fee employment agencies including Minnesota Statutes, sections 184.21 to 184.38, the following terms shall have the meaning given to them.

Subp. 2. Accept.

"Accept" means that the applicant has agreed with the employer on a specific position, wages, hours, working conditions, and a specific starting date, and has signed an acceptance form in which the agency has designated the terms of the acceptance. The applicant may withdraw the acceptance provided that the applicant did not actually start the job.

Subp. 3. Fee status.

"Fee status" is the designation on the job order which describes the fee liability. The designated fee status for job listing services shall be limited to concurrent fee arrangement. The designated fee status for liability for placement shall be limited to one of the following terms:

A. "Fee paid" or "employer-paid fee" means that the employer has agreed to pay the entire fee directly to the agency.

B. "Fee reimbursed" means that the applicant shall pay the fee to the agency and shall subsequently be paid back by the employer. If reimbursement is to be only partial, it must be so specified.

C. "Split fee" means that the applicant and employer shall each pay a specified proportion of the fee to the agency.

D. "Applicant-paid fee" means that the entire fee shall be the responsibility of the applicant.

E. "Fee negotiable" means that the employer and the applicant will confer to settle the matter of fee responsibility prior to the acceptance of a job.

F. "Conditional fee paid" means that the employer has agreed to pay the fee but will require a separate fee liability agreement with the applicant.

Subp. 4. Method of payment.

"Method of payment" means the specific procedure for paying the agency's placement fee after the placement is made. Method of payment must be stated in boldface type on the contract and be consistent with the disclosure requirements of the federal Truth-In-Lending Act, regulation Z.

Subp. 5. Misconduct.

"Misconduct" is defined as a willful action involving assault and battery, an immoral act, the malicious destruction of property, the theft of money or property, or other conduct which markedly interferes with and adversely affects the individual's employment. The following also constitutes misconduct:

A. excessive absenteeism;

B. excessive tardiness;

C. refusal to comply with orders of superiors;

D. violation of known and acknowledged company rules;

E. falsification of records;

F. drinking on the job; and

G. sleeping on the job.

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0510 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0520 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0530 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0540 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0550 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0560 Temporary Help Services

An organization that hires persons to work in temporary positions for employers who are clients of that organization is a temporary help service. If at any time a fee, other than liquidated damages due under an agreement between the service and the company, is charged by such organization for the permanent placement of individuals, then that organization is operating as a fee employment agency and shall be licensed as such.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0570 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0580 Contract and Acceptance Forms

Contract and acceptance forms shall contain uniform provisions and shall follow standards adopted by the department. All contracts shall be printed on letter size paper, 8-1/2 x 11, in eight-point type size or larger.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0590 Standard Contract Language

It shall be provided in bold face type:

A. At the top of all contracts "Legal Contract - Read and Understand."

B. On all contracts and acceptance forms that "All agreements and contracts are subject to the rules of the Department of Labor and Industry and the laws of the State of Minnesota."

C. Directly above the signature line on all contracts "I have read and understand the above contract. I have discussed this contract with a representative of the agency and have received a duplicate."

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0600 Fee Information on Contracts

Subpart 1. Job placement.

Applicant contracts with employment agencies engaged in the placement of applicants shall contain all of the following statements unless language less restrictive to the applicant is approved by the department:

A. "I understand that a fee shall be due if I accept the position I am referred to or any position the employer offers me within 90 calendar days of the last contact between the agency and the company in reference to me. The fee shall be based on the position accepted. The agency shall inform me of all contacts made subsequent to my interviews with the employer."

B. "I understand that if an employer I am referred to sends me to another employer, whose job I accept, a fee is due."

C. "I understand that only one fee is payable for a position. If I am referred to the same position by two agencies, the fee shall be due the agent who first described the specific opening and gave the name of the employer, provided the interview with the employer is arranged by the agent within ten calendar days and is subsequently consummated."

D. "I understand that if the agency sends an employer my resume and I contact that employer on my own before being notified of the agency contact, I am not obligated to the agency for a fee unless I specifically request that the agency pursue this particular contact." Where the applicant undertakes no fee liability of any nature, the contract, as an alternative to items A to D, may read: "I understand that I am not liable for any fee and that compensation to the agency is to be settled between the employer and the agency."

Subp. 2. Job listing.

Applicant contracts with job listing services shall contain the following statement: "I understand that a fee shall be due the job listing service at the time of contractual arrangements. No other fee shall be collected for services rendered, provided that fees for job placement may be charged and the fee arrangement for placement shall be contained in a separate contract."

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0610 Acceptance Form Standards

The acceptance form, with employment agencies engaged in placement activities, to be signed by the applicant shall contain the following information:

A. title of job accepted;

B. company name and address;

C. salary;

D. hours;

E. job description;

F. training to be received if a trainee position;

G. starting date;

H. acceptance date;

I. name of counselor making placement;

J. job order number referred on; and

K. fee status, including description of:

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0620 Fee Determination

The following terms and methods shall be used in determining amount of fee due:

A. "One month's wages" or "salaries" or "earnings," when used to determine an agency's fees, means 4-1/3 weeks gross income minus overtime income, tips or gratuities, traveling expense, and other expense actually incurred in producing income.

B. A fee based on an annual salary is to be calculated upon the first month's (4-1/3 weeks) salary times 12. A fee based on a monthly salary is to be calculated only on the first month's salary.

C. For positions where income is based totally or partially on commissions or bonuses, the agent may assess a fee based on a reasonable estimate of the applicant's expected first year's earnings. If employment is terminated for any reason prior to the end of the first year, the fee shall be recomputed at the rate applicable to the actual gross earnings as listed on the agent's fee schedule.

D. A fee shall be based on salary received for only the first 40 hours per week of employment. Executive, administrative, and professional positions as defined by rules issued pursuant to the Minnesota Fair Labor Standards Act, Minnesota Statutes, chapter 177, parts 5200.0180 to 5200.0210 are excluded from this provision.

E. A fee based on a concurrent fee arrangement shall be uniform for all applicants serviced.

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0630 Fee Deducted from Salary

No employment contract shall authorize the employer to deduct from the salary of the applicant any installments of the fee. An authorization for deductions from the applicant's salary shall be a separate and distinct agreement.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0640 Liability for Misrepresentation

An applicant shall not be liable for the agency fee if there is a misrepresentation of any material factor by the employer or by the agency. An applicant is not released from the liability for the fee if the job is retained. A material factor is one which constitutes substantially and mainly whether a job would have been accepted if that factor was lacking or was different than stated.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0650 Refunds

When a job which is presumed permanent becomes temporary, any refund due the applicant shall be remitted within five calendar days. The moneys shall not be retained by the agency in the anticipation of finding another job for the applicant.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0660 Fee Paid Liability

No contract shall provide that an applicant who has accepted a fee paid job is obligated to terminate that position or accept the fee liability if the agency is unable to collect the fee from the employer.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0670 Two Referrals to Same Employer

When an applicant is referred to an employer for a position to which he or she is not employed, and another agent refers the same applicant to the same employer for another position to which he or she is employed, the fee is payable to the second agent.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0680 Collection of Fee from Applicant

No fee or portion of a fee except a concurrent fee arrangement shall be collected from an applicant before the actual start date.

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0690 Fee Liability on Employer Refunds

An agency may not demand any money from an applicant on a fee paid or split fee position after 90 calendar days of employment because of refunds to the employer. Fees may be charged (because of refunds to the employer) to applicants who voluntarily leave or are terminated due to misconduct within 90 calendar days of employment on a fee paid or split fee position, provided the applicant contract fully explains the nature of the potential liability.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0700 Job Order Form

The following information must be contained on the job order form for each bona fide job order:

A. A sequential job order number. Each job order shall have its own number, which is to be included in any advertisement for that job. The word "job" and symbol "#" must precede the job order number in a written advertisement. Advertising via other media, including telephone answering devices shall indicate appropriate job order numbers. Any simple system involving letters and numbers may be used, providing it allows rapid retrieval of the job order in question.

B. Date order received. A "standing job order" shall be reaffirmed with the employer on a monthly basis.

C. Person who received order.

D. Method by which order received. This includes phone, mail, face-to-face, or other method.

E. Job title. The title used by the employer is considered the job title.

F. Job description, containing primary duties.

G. Company name.

H. Company address.

I. Company phone number.

J. Contact person(s), including name of person who gave the order and person to contact for interview.

K. Minimum starting salary.

L. Maximum starting salary.

M. Benefits offered.

N. Skills required.

O. Educational requirements.

P. Type and amount of experience required.

Q. Days and hours of work, including shifts.

R. Special posthire training, if any. This relates to any promises concerning training to be received by the applicant as a new employee. The nature of the various training areas must be specified.

S. Job availability date.

T. Fee status. One of the following terms shall be used to indicate the fee status for placement:

U. The term "concurrent fee" shall be used to indicate the fee status for job listing services only.

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0710 Experts as Representatives of Employers

When an employer requests an expert in an occupation to suggest suitable persons for employment and the expert requests an employment agent to refer applicants for such a position, the expert shall be deemed the representative of the employer and the request to the employment agent is considered a bona fide job order from the employer.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0720 Copy of Rules and Law for Manager and Counselors

No employment agency owner shall fail to provide the manager and counselors with a copy of the employment agency law and the published rules currently in force.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0730 Contract Requirement

A contract is required between the applicant and the agency whether the fee is paid by the employer or by the applicant. The applicant shall be given a duplicate of all agreements between the applicant and the agency, including the contract and acceptance form.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0740 Separate Agreement with Employer

An agent may negotiate a separate agreement with an employer for special services regarding recruitment, search, screening, referral, and placement, provided that the separate agreement does not violate the law or these rules.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0750 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0760 [Repealed, L 2015 c 54 art 5 s 16]

[Repealed, L 2015 c 54 art 5 s 16]

Minn. R. 5200.0770 Advertising

Every ad for a job opening which is placed with a newspaper or other advertising medium shall be checked by the employment agency with the employer when placed to ascertain that the job order is current and unchanged. Any knowledge received before the last cancellation time that the job is no longer available or is changed in nature shall be reflected in the ad.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0780 [Repealed, L 2017 c 68 art 1 s 27]

[Repealed, L 2017 c 68 art 1 s 27]

Minn. R. 5200.0790 Required Information for the Department

Information which is needed to administer the provisions of Minnesota Statutes, chapters 175 and 184 shall be furnished the department upon its request. A request for information shall state the need for such information. Each agency shall, within ten calendar days, supply the requested information or file a written statement explaining why it is not submitting the information.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0800 Annual Record of Service Report

Subpart 1. Job placement.

A record of service shall be maintained in a separate ledger in the office of each employment agency for a period of three years and shall contain the information required by Minnesota Statutes, section 184.38, subdivision 5. Each agency shall submit annually to the department with its agency license renewal application, a summary of the above record which contains the following information for the preceding year:

A. total applicants placed;

B. total annual salaries of placements; and

C. total amount of fees collected. The individual summary shall be used solely for compilation of statistical data for the employment industry as a whole. The summary shall be submitted on a form provided by the department which shall make provision for its protection from usage inconsistent with its purpose.

Subp. 2. Job listing.

Job listing service record of service report shall include:

A. total applicants serviced; and

B. total amount of fees collected.

History

Statutory Authority: MS s 184.24
History: 13 SR 2868

Minn. R. 5200.0810 Initiation of Contested Case

Subpart 1. Right to complaint.

Any person authorized by law to submit to the department a complaint that his or her individual rights or privileges are being denied or that duties owed are being defaulted upon may initiate a contested case by filing a complaint.

Subp. 2. Contents of complaint.

A complaint shall contain:

A. name and address of the complainant;

B. name and address of those against whom the complaint is made;

C. relief sought and grounds therefor; and

D. signature of the complainant or the complainant's attorney.

Subp. 3. Order to commence contested case.

The department may order a contested case commenced to determine the rights, duties, and privileges of specific parties.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0820 Service of Document of Initiation and Notice

Within ten days following receipt of the complaint or adoption of the order initiating the contested case, the department shall serve all known parties a copy of the document of initiation and a notice stating:

A. commencement of the contested case;

B. time and place of the prehearing conference, if any;

C. the purpose of the prehearing conference;

D. name of the hearing officer;

E. rights of the parties to counsel and to a formal hearing; and

F. that failure to attend may prejudice the party's right in this and subsequent proceedings.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0830 Answer to Initiating Complaint

Within 20 days after service of the complaint, excluding the day of service, an adverse party may interpose an answer to the initiating complaint or order. A copy of such answer shall be served on all parties to the contested case. The original together with an attached affidavit of service shall be filed with the department within five days after service is completed.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0840 Notice of Hearing

Not less than 30 days prior to the hearing date, the department shall serve a notice of hearing on all parties to the case. Such notice shall contain: time and place of the hearing, the purpose and procedure for the hearing, the issues to be determined, and the name of the hearing officer who will preside.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0850 Statutory Party Rights

Parties to a contested case shall have all rights under Minnesota Statutes, chapters 14 and 184.

History

Statutory Authority: MS s 184.24

Minn. R. 5200.0900 Definition of Home Chore

"Home chore" is work usual to the home of the employer. Work performed in connection with or as part of the business, trade, or profession of the employer is not a home chore. Home chores are all those variable tasks normal to the running of a household and include but are not limited to mowing lawns, raking leaves, removing snow, light housekeeping, washing clothes or dishes, vacuuming, cleaning yards, and preparing food.

History

Statutory Authority: MS s 181A.09

Minn. R. 5200.0910 Prohibited Employments of Minors Under 18 Years Old

No minor under the age of 18 shall be employed:

A. In or about a place of employment where chemicals, compounds, dusts, fumes, vapors, gases, or radioactive materials, or other substances are present at excessive temperatures or in injurious, explosive, toxic, or flammable quantities. Minors employed in retail stores, service stations, and automobile service garages are not covered by this prohibition.

B. In or about any place where explosives or pyrotechnics are manufactured, stored, handled, or fired.

C. In or about logging or lumbering operations and paper mills.

D. In or about sawmills, lath mills, shingle mills, or cooperage stock manufacturing plants.

E. In or about mines, quarries, and sand or gravel pits.

F. In or about construction or building projects.

G. In or about ice harvesting operations.

H. On boats or vessels used for commercial purposes. Minors performing guide or other nonoperational services are not covered by this prohibition.

I. To operate or to assist in the operation of power-driven machinery, including but not limited to: industrial trucks (forklifts); meat saws and meat grinders; milling machines; punch presses, press brakes, and shears; and woodworking machinery such as circular saws, radial saws, jointers, and shaping machines.

J. To operate any nonautomatic elevator, lift, or hoisting machine.

K. To drive motor vehicles, except as follows:

L. As a brake tender, firefighter, engineer, driver, or conductor for a railroad, street railway, or interurban railroad or in switching or gate-tending.

M. As a lifeguard. Minors who have received a Red Cross lifesaving certificate or its equivalent and who work under uninterrupted adult supervision are not covered by this prohibition.

N. In aerial acts using such equipment as flying rings, horizontal bars, or trapezes. Nor shall a minor be employed in weight-lifting, balancing, casting, or human pyramiding acts, or as a rope walker, contortionist, or in other exhibitions dangerous or injurious to the life, limb, or health of the minor.

O. In the operation, erection, or dismantling of rides or machinery in an amusement park, street carnival, or traveling show, or in the loading or unloading of passengers on rides.

P. In any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any tasks involving the serving, dispensing, or handling of such liquors that are consumed on the premises except that:

Q. In window-washing, wall-cleaning, painting, or other building maintenance or repair higher than 12 feet above the ground or floor level, using ladders, scaffolding, safety belts, outside vertical conveyors, or like equipment.

R. In oxyacetylene or oxyhydrogen welding.

S. In any occupation or activity, or on any site, which is hazardous or dangerous to life, limb, or health.

History

Statutory Authority: MS s 181A.09; L 2007 c 135 art 2 s 38
History: 17 SR 1279; L 1991 c 249 s 31; 21 SR 458; 32 SR 500

Minn. R. 5200.0920 Prohibited Employments of Minors Under 16 Years Old

In addition to the restrictions in part 5200.0910, no minor under the age of 16 may be employed:

A. in or about airport landing strips and taxi or maintenance aprons;

B. except as stated in part 5200.0910, item K, subitem (3), as a driver of a motor vehicle or an outside helper thereon;

C. as loaders or launchers for skeet or trap shooting;

D. to lift or carry, or otherwise personally care for, patients in hospitals or nursing homes;

E. to do welding of any kind;

F. to operate or assist in the operation of machinery, including but not limited to:

G. in oiling, cleaning, or maintaining any power-driven machinery, either portable or stationary, while in motion or at rest;

H. in work involving the use of pits, racks, or lifting apparatus at service stations or in mounting tires on rims;

I. in processing plants to do work which includes killing, plucking, singeing, drawing, brining, smoking, slicing, grinding, chopping, or cutting operations;

J. in walk-in meat freezers or meat coolers, except that occasional entrance to such areas which is incidental to the occupation is not prohibited;

K. in any occupation in agriculture that the U.S. secretary of labor finds and declares to be particularly hazardous for the employment of children below the age of 16;

L. in any manufacturing or commercial warehouse, to do work which includes packaging, shelving, stock-clerking, or cleaning; or

M. in a car wash to attach cars to or detach them from mechanized conveyor lines or to operate or contact the car while it is connected to the conveyor apparatus.

History

Statutory Authority: MS s 181A.09

Minn. R. 5200.0930 Exceptions to Prohibitions Related to Employment of Minors

Subpart 1. Approved training programs.

Prohibitions related to employment do not apply to a minor being trained in a state-approved apprenticeship training program or to a minor enrolled in a training program approved by the Division of Vocational-Technical Education, Minnesota Department of Education.

Subp. 2. Tasks outside of area of hazard.

A minor who performs employment tasks which do not require being in or entering the immediate area of the hazardous operation, equipment, or materials is excluded from the prohibitions of parts 5200.0910 and 5200.0920.

Subp. 3. High school graduates.

A minor who has reached the age of 17 and has graduated from high school shall be excluded from the prohibitions of part 5200.0910.

Subp. 4. Parental corporations.

The prohibitions under parts 5200.0910 and 5200.0920 do not apply to a minor working for a corporation totally owned by one or both parents in which the daily corporate business is supervised by the parent or parents. In addition, with respect to agricultural employment, parts 5200.0910 and 5200.0920 do not apply to a minor employed by a family farm corporation as defined under Minnesota Statutes 1973, section 500.24 where the minor's parent is a member of the said family farm corporation.

History

Statutory Authority: MS s 181A.09
History: L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12

Minn. R. 5200.0940 Special Exemption Permit

The commissioner may grant exemptions from any provisions of the act, pursuant to Laws of Minnesota 1974, chapter 432, section 7, subdivision 5, for an individual minor when it is determined that said exemption is in the best interests of a minor in accordance with both of the following:

A. the minor has a special talent, unique qualifications, or special need for the particular employment for which the exemption is sought; and

B. the health, education, or welfare of the minor will not be detrimentally affected by the employment or by the environment in which the employment is to be conducted.

History

Statutory Authority: MS s 181A.09

Minn. R. 5200.0950 Exemption Permit Application

Each permit application shall specify:

A. name of minor;

B. address of minor;

C. address of parent(s) or guardian(s) if different than item B;

D. a description of the proposed employment;

E. proposed dates of employment from beginning to end; and

F. particular section(s) of the act for which an exemption is sought.

History

Statutory Authority: MS s 181A.09

Minn. R. 5200.0960 Revocation of Permit

The commissioner may revoke any permit when in the commissioner's opinion the employment of the child in such employment is detrimental to said minor's health, education, or welfare.

History

Statutory Authority: MS s 181A.09
History: 17 SR 1279

Minn. R. 5200.0970 [Repealed, 11 SR 1740]

[Repealed, 11 SR 1740]

Minn. R. 5200.1000 Statutory Authority and Purpose

Parts 5200.1000 to 5200.1120 are promulgated pursuant to the authority provided to the Minnesota Department of Labor and Industry by the provisions of Minnesota Statutes, section 175.171, subdivision 2 and the requisites of Minnesota Statutes, section 14.06. Their purpose is to provide procedures for prevailing wage determinations.

History

Statutory Authority: MS s 175.171

Minn. R. 5200.1010 Definitions

Subpart 1. Scope.

For purposes of all wage rate determinations, the following definitions shall apply.

Subp. 1a. Adjacent county.

"Adjacent county" means a county that shares a common border with another county.

Subp. 2. Commercial construction.

"Commercial construction" means all building construction projects exclusive of residential construction.

Subp. 3. Highway and heavy construction.

"Highway and heavy construction" means all construction projects which are similar in nature to those projects based upon bids as provided under Minnesota Statutes, section 161.32 for the construction or maintenance of highways or other public works and includes roads, highways, streets, airport runways, bridges, power plants, dams, and utilities.

Subp. 4. Project.

As utilized in parts 5200.1000 to 5200.1120 the term "project" means the erection, construction, remodeling, or repairing of commercial, residential, or public buildings or any highway and heavy construction.

Subp. 5. Residential construction or agricultural construction.

"Residential construction or agricultural construction" means all construction, remodeling, or repairing of single or two family homes and structures appurtenant thereto including agricultural or farming buildings appurtenant to private farm residences when utilized to carry on primary farming operations.

Subp. 6. State project.

"State project" means those projects which are subject to the requirements of Minnesota Statutes, sections 177.41 to 177.44.

History

Statutory Authority: MS s 175.171; 177.28; 177.41 to 177.44
History: 21 SR 1107; 35 SR 1711

Minn. R. 5200.1020 Prevailing Wage Determinations

Subpart 1. Highway and heavy construction.

The department shall, at least once each calendar year, determine and certify prevailing wage rates applicable to state projects which are similar in nature to public and private highway and heavy construction projects where the estimated total cost of completing the project is $25,000 or more.

Subp. 2. Commercial type construction.

The department shall, at least once each calendar year, determine and certify prevailing wage rates applicable to state projects which are similar in nature to public and private commercial projects where the estimated total cost of completing the project is $2,500 or more.

Subp. 3.

[Repealed, 21 SR 1107]

Subp. 4. Residential type construction.

Prevailing wage rates applicable to state projects which are similar in nature to residential construction projects will be made upon request of a governmental official involved in the bidding process for a state project who desires such rates for insertion in a specific contract proposal.

Subp. 5. Survey data; recent.

Each wage survey shall be based upon work performed in the 12 months preceding the date the survey is commenced and the resulting wage determinations will be certified following the close of the survey.

Subp. 6. Survey procedure.

Except as provided in subpart 7, all prevailing wage determinations shall be based upon the survey procedures contained in these parts.

Subp. 7. Public hearing.

The department shall, pursuant to Minnesota Statutes, sections 177.43, subdivision 4, and 177.44, subdivision 3, conduct public hearings when necessary to determine county wage rate determinations. Such hearings shall be conducted within the county for which wage rates are being determined and shall be conducted as contested cases by an administrative law judge from the Office of Administrative Hearings.

History

Statutory Authority: MS s 175.171; 177.41 to 177.44
History: 8 SR 2274; L 1984 c 640 s 32; 21 SR 1107

Minn. R. 5200.1030 Basis for Highway and Heavy Construction Determinations

Subpart 1. Areas.

Prevailing wage rates for highway and heavy construction projects must be based on work performed within distinct areas. The counties included in each area are listed in items A to J.

A. Area 1: Carlton, Cook, Itasca, Koochiching, Lake, Pine, and Saint Louis.

B. Area 2: Beltrami, Clearwater, Hubbard, Kittson, Lake of the Woods, Marshall, Norman, Pennington, Polk, Red Lake, and Roseau.

C. Area 3: Aitkin, Cass, Crow Wing, Kanabec, Mille Lacs, Morrison, Todd, and Wadena.

D. Area 4: Becker, Big Stone, Clay, Douglas, Grant, Mahnomen, Otter Tail, Pope, Stevens, Swift, Traverse, and Wilkin.

E. Area 5: Benton, Isanti, Sherburne, Stearns, and Wright.

F. Area 6: Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, Olmsted, Steele, Rice, Wabasha, and Winona.

G. Area 7: Blue Earth, Faribault, Le Sueur, Nicollet, Sibley, and Waseca.

H. Area 8: Chippewa, Kandiyohi, Lac Qui Parle, Lincoln, Lyon, Meeker, McLeod, Murray, Pipestone, Redwood, Renville, and Yellow Medicine.

I. Area 9: Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey, Scott, and Washington.

J. Area 10: Brown, Cottonwood, Jackson, Martin, Nobles, Rock, and Watonwan.

Subp. 2. Labor classes.

Prevailing wage rates must be determined on an area basis and each prevailing wage rate must be based upon work performed solely within the applicable class of labor. For each area surveyed, the department shall issue wage determinations for all classes of labor commonly or customarily used in highway and heavy construction projects.

Subp. 2a. Projects to be surveyed, criteria.

The determinations shall be made from projects on which construction work was done in the 12 months preceding the survey which are located in the area and where the estimated total cost of completing the project is $25,000 or more.

A. A minimum of two projects in an area must be reported in order to issue a wage determination for the area.

B. A wage determination must be made for all classifications of labor utilized on a project. Where classes of labor expected to be utilized on a project for which the area prevailing wage determination is being made are not all represented in the projects in item A, the most recent rate determined for the class of labor is applicable.

C. If work is performed by a class of labor not defined by part 5200.1100, Master Job Classifications, the contracting agency shall assign a wage rate and the commissioner of labor and industry shall review and certify the assigned wage rate based on the most similar trade or occupation from the area wage determination. Within 90 days, the Commissioner of Labor and Industry must initiate the rulemaking procedure so that the classification will be defined in the Master Job Classifications in part 5200.1100.

Subp. 3.

[Repealed, 21 SR 1107]

History

Statutory Authority: MS s 175.171; 177.28 ;177.41 to 177.44
History: 8 SR 2274; 21 SR 1107; 33 SR 1598

Minn. R. 5200.1035 Basis for Commercial Construction Determinations

Subpart 1. County and labor classes.

Prevailing wage rates must be made on a county-by-county basis and each prevailing wage rate must be based on work performed solely within the applicable class of labor. For each county surveyed, the department shall issue wage determinations for all classes of labor commonly or customarily used in commercial construction projects.

Subp. 2. Projects to be surveyed, criteria.

From information on file and submitted by interested persons, the determinations shall be made from projects on which construction work was done in the 12 months preceding the survey, which are located in the county or, if necessary, from adjacent counties, and where the estimated total cost of completing the project is $2,500 or more.

A. A minimum of two projects in a county must be reported in order to issue a wage determination for the county.

B. If classes of labor expected to be used in a county for which the prevailing wage determination is being made are not all represented in the projects in item A, but work was performed in those classes of labor in two or more projects in any county adjacent to the county being surveyed, the department shall establish the wage determination for those classes of labor based solely upon those adjacent county projects.

C. In determining a wage rate for a class of labor based upon work performed in adjacent counties, all workers in a class of labor in all adjacent counties must be totaled and the wage rates must be based upon the wage rate paid to the largest number as determined in accordance with parts 5200.1020 to 5200.1060.

D. A wage determination must be made for all classifications of labor used on a project. Where classes of labor expected to be utilized in a county for which the prevailing wage determination is being made are not all represented in the projects in item A, and not further determined in item B, the wage rate must remain the same as previously certified.

E. If work is performed by a class of labor not defined by part 5200.1100, Master Job Classifications, the Commissioner of Labor and Industry shall certify a wage rate which reflects the most similar trade or occupation from the project wage determination. Within 90 days, the Commissioner of Labor and Industry must initiate the rulemaking procedure so that the classification will be defined in the Master Job Classifications in part 5200.1100.

History

Statutory Authority: MS s 175.171; 177.28; 177.41 to 177.44
History: 21 SR 1107; 33 SR 1598

Minn. R. 5200.1040 Classes of Labor

Each class of labor shall be based upon the particular nature of the work performed with consideration given to those trades, occupations, skills, or work generally considered within the construction industry as constituting distinct classes of labor. Wage determinations will be issued for those separate classes of labor which fall under the following general classes:

A. Laborers.

B. Power equipment operators.

C. Truck drivers.

D. Special equipment.

E. Special crafts. The following crafts shall constitute separate classes of labor: bricklayers, carpenters, cement masons, line persons, electricians, iron workers, painters, pipefitters, plumbers, plasterers, roofers, and sheet metal workers, and other labor or work which is customarily considered as an individual trade or craft based upon its character and skills required.

F. In determining particular classes of labor, the department shall consider parts 5200.1100 and 5200.1101, work classifications contained in collective bargaining agreements, apprenticeship agreements on file with the department, the United States Department of Labor "O*NET OnLine" website, and customs and usage applicable to the construction industry.

G. Primary responsibility for classifying individual workers shall be upon the contractor.

H. For wage survey purposes, where a worker performs work in more than one class of labor on a project, the worker shall be placed in the class in which the person worked the greatest number of hours.

I. For wage survey purposes, the contractor reporting shall have the responsibility to determine the class in which the worker has worked the greatest number of hours on each project reported.

J. Workers employed within a class of labor as apprentices, helpers, supervisors, or trainees will not be included or counted within the wage survey.

History

Statutory Authority: MS s 175.171; 177.28; 177.41 to 177.44
History: 17 SR 1279; 21 SR 1107; 33 SR 1598; 35 SR 1711

Minn. R. 5200.1050 Survey Procedures

Subpart 1. Scope.

The purpose of each survey is to develop a database upon which to determine prevailing wage rates for those classes of labor expected to be used on state projects based upon wage rates paid to the same classes of labor on similar projects in the area. In establishing the data, the procedural steps in subparts 2 to 4 shall be taken.

Subp. 2. Wage reports.

The department shall regularly request from contractors, contractor organizations, labor organizations, and any other interested person, on forms available from or approved by the department, reports of construction wage rates paid by contractors on various types of highway and heavy projects where the estimated total cost of completing the project is $25,000 or more and on commercial projects where the estimated total cost of completing the project is $2,500 or more. The reports must be kept on file by the department according to the county or area in which the project for which the report is received was performed. The reports must list the name and address of the contractor, the name of the project, the location of the project, a description of the project, any identifying project numbers, a description of the work performed on the project, the approximate dollar cost of the project, the names of employees who worked eight hours or more on a highway and heavy or commercial project, together with the class of labor for each employee, the wage rate paid each employee on the project, and the hourly cost of fringe benefits for health and welfare, pension, vacation, apprenticeship or training, and any other economic benefits paid for each employee. The forms shall be signed and dated by the organization or individual providing the information attesting that the information provided is true and correct.

Subp. 2a. Union wage reports.

The department shall also keep local union wage and employment reports, on forms provided or approved by the department. The reports must set forth the classes of labor, trade, or occupation covered, the effective date of the contract, wage and fringe benefits paid under the contract, the duration of the contract, the dates of all adjustments to wages and fringe benefits together with the amount of the adjustments on each date, the geographic area where the contract is effective, the number of members employed within the geographic area covered by the contract, the type of projects covered by the contract, and a list of all contractors or employer associations signatory to the contract. The local union wage reports are to be signed and dated by a representative from the local union attesting that the information provided is true and correct.

Subp. 2b. Mailing lists.

The department shall also keep and maintain a mailing list of governmental officials, district, county, and city engineers, city clerks, administrators, and zoning officials for each county. The department shall also keep and maintain a mailing list of contractors, contractor associations, labor organizations, and other individuals who have requested to be on a mailing list to be notified when any survey is about to be taken.

Subp. 2c. Notification of survey.

Upon initiation of a survey, the department must notify the county engineer and all city engineers, city clerks, administrators, and zoning officials in the county to be surveyed. The notice will request local officials to submit reports of construction in the county in the preceding 12 months. The report shall include the names of the contractors and their addresses. The department must also notify all contractors, contractor associations, labor organizations, and other individuals who have requested to be notified when a survey for any county is about to be taken. That notice will request that interested individuals submit reports on forms available from or approved by the department concerning construction performed in the county during the preceding 12 months. The notice shall state that all reports of construction in the county must be returned to the department no later than 60 days following the date upon which the notice of the survey is mailed by the department. Information not timely received by the department shall not be used in establishing the prevailing wage rate for any class of labor. Any unsigned or incomplete forms received prior to the final date for receipt of the forms shall be returned to the individual, contractor, or labor organization, to the extent the individual, contractor, or labor organization can be identified, with a request that the form be properly completed. The department may use incomplete reports where the entity completing the form has provided all the information it has. If that form is not received by the department within 15 days from the date it is returned by mail to the individual, contractor, or labor organization, it shall be excluded from the survey. In no event shall information on unsigned reports of construction in the county be utilized in making wage determinations. All reports must be signed and dated by the organization or individual making the report attesting that the information provided is true and correct.

Subp. 3.

[Repealed by amendment, 8 SR 2274]

Subp. 3a. Reports, attestations.

Reports of construction wage rates and local union wage and employment reports shall specify that the individual signing the report attests that the information on the report is true and correct. The form shall specify that willful falsification of any information on the report may result in civil or criminal prosecution. In addition, a person, organization, or company who willfully submits false information will not be allowed to submit information from one to three years and all information submitted by that entity must be excluded from the wage determination.

Subp. 3b.

[Repealed, 21 SR 1107]

Subp. 4. Area calculation record.

The number of workers in each class of labor and their respective wage rates shall be determined and reflected on an area calculation record.

History

Statutory Authority: MS s 175.171; 177.28; 177.41 to 177.44
History: 8 SR 2274; 21 SR 1107; 33 SR 1598

Minn. R. 5200.1060 Determining Largest Number of Workers and Prevailing Wage Rate

Subpart 1. Policy.

Each wage rate determination shall be based upon the actual wage rates paid to the largest number of workers within each labor classification reported in the survey.

Subp. 2. Procedure.

For purposes of determining the largest number of workers, each worker within a class of labor and the worker's total hourly rate paid shall be tabulated.

A. Total hourly rate includes the hourly rate plus the hourly contribution for all wage and fringe benefits.

B. The largest number of workers with identical rates of pay within each classification shall determine the specific prevailing wage rate.

C. When determining the prevailing wage rate and there is an equal number of workers (which represent the greatest number of workers) with differing hourly wage rates, the prevailing wage rate shall be the highest wage rate paid to those workers. Example: four workers at $7 per hour; four workers at $8 per hour; two workers at $8.50 per hour. The prevailing wage rate will be determined as $8 per hour.

D. Where a worker performs work in more than one class of labor, the worker shall be counted only once per project and placed in the class which the person worked the greatest number of hours.

Subp. 3. Collectively bargained rate.

If the prevailing wage rate determined for any given class of labor represents a collectively bargained rate, then the comparable current collectively bargained rate for the class of labor in the area shall be the prevailing wage rate.

Subp. 4. Noncollectively bargained rate.

If the prevailing wage rate determined represents a rate other than a collectively bargained rate for any given class of labor, the rate so determined shall be the prevailing wage rate.

Subp. 5. Change in rate due to contractual changes.

If the prevailing wage rate for any given class of labor represents a collectively bargained rate, and the collectively bargained rate for that class of labor will change during the 12 months immediately following the date upon which the wage rate is determined according to the terms of the collective bargaining contract by which the rate is established, the department shall certify that the rate for that class of labor shall also change accordingly on the effective date of the change pursuant to the collective bargaining contract.

History

Statutory Authority: MS s 175.171; 177.41 to 177.44
History: 8 SR 2274; 17 SR 1279; 21 SR 1107

Minn. R. 5200.1070 Apprentices

Subpart 1. Establishment of wage rates.

Apprentices working on state projects are not subject to the prevailing wage rate determinations, except as they may be affected by registered apprenticeship agreements. The hourly rates of pay for such workers are established by the particular program to which the apprentice or trainee is subject.

Subp. 2. Definition.

The term "apprentice" means:

A. a person employed and registered in a bona fide apprenticeship program registered with the U.S. Department of Labor or with a state apprenticeship agency; and

B. a person in the first 90 days of probationary employment as an apprentice who is not registered in the program but who has been certified by the U.S. Bureau of Apprenticeship and Training or a state apprenticeship agency or council to be eligible for probationary employment as an apprentice.

Subp. 3. Exceptions to definition.

Any employee listed on a payroll for a state project who does not fall within the term "apprentice" contained in subpart 2 shall be paid the prevailing wage rate for the classification of work performed.

History

Statutory Authority: MS s 175.171
History: 17 SR 1279

Minn. R. 5200.1080 Notice of Wage Determinations

Upon certification of wage rates for a given county or area, the department shall publish notice of such certification in the State Register but need not publish the individual rates so certified. The certification date shall coincide with the date published in the State Register.

The notice published in the State Register shall indicate where copies of the determined rates may be obtained upon request.

The department shall maintain a list of all persons who request that copies of wage rate determinations be sent to them.

Copies of wage rate determinations shall be mailed within five days of their certification to those persons who have requested such notice and whose names appear on the list maintained by the department. The department may charge a reasonable fee for the copying and mailing of these notices as allowed under Minnesota Statutes, section 15.17, subdivision 4.

History

Statutory Authority: MS s 175.171; 177.41 to 177.44
History: 21 SR 1107

Minn. R. 5200.1090 Petition for Reconsideration of Prevailing Wage Rates

Subpart 1. Right to reconsideration.

Any person including contractor associations or labor organizations aggrieved by a final determination of a prevailing wage rate may petition the commissioner for reconsideration of that wage rate within 30 days following its certification. The petitioner shall indicate the county and class(es) of labor contested, the reason the petitioner believes the rate to be inaccurate, and the rates the petitioner believes to be correct.

Subp. 2. Informal conference.

Within ten days following receipt of a petition for reconsideration, the department shall informally meet with the petitioner and any other interested person, associations, or labor organizations, to review the contested wage determination(s).

The petitioner shall be prepared to support his or her contentions with any documents or data the petitioner deems necessary.

The department shall be prepared to produce and review the data, summary sheets, and other documents upon which its determinations were based, and shall produce for the petitioner's inspection all such documents.

Subp. 3. Final decision.

Following the informal conference, the department shall, within ten days, notify the petitioner of any decision modifying, changing, or reaffirming the contested wage rate or indicate to the petitioner that a survey will be necessary to resolve the contested wage rate(s).

Where the department determines that a new survey is necessary, such survey shall be conducted within 30 days. Thereafter, the department shall inform the petitioner by certified mail of its final decision based on that survey.

Subp. 4. Pending the procedures.

No prevailing wage rate will be deemed to be vacated or suspended pending the resolution of a petition for reconsideration nor will the department request any state agency contemplating a state project to suspend, delay, or otherwise change its contract and bidding schedules due to any pending procedures resulting from a petition for reconsideration.

Subp. 5. Public hearing.

Any person aggrieved by a final decision following reconsideration of a prevailing wage rate may, within 20 days after the decision, petition the commissioner for a public hearing in the manner of a contested case under the Administrative Procedure Act, Minnesota Statutes, sections 14.57 to 14.61. Upon receipt of a petition for a public hearing the commissioner shall order the initiation of a contested case in accordance with Minnesota Statutes, sections 14.48 to 14.56. All contested case hearings initiated herein shall be conducted in accordance with the rules of operation of the Office of Administrative Hearings.

History

Statutory Authority: MS s 175.171
History: 17 SR 1279

Minn. R. 5200.1100 Master Job Classifications

Subpart 1. Requirement.

A. For purposes of parts 5200.1000 to 5200.1120, contractors must use the following codes and classifications in documenting classes of labor.

B. Descriptions of the nature of work, typical duties, and typical tools used for each code and classification of labor in subparts 2 and 5 are described in parts 5200.1101 and 5200.1102, respectively. A worker classified by a code under subpart 2 or 5 must be classified by the code and classification that best matches the worker's nature of work, typical duties, and typical tools used.

Subp. 2. Laborers.

Subp. 2a. Special equipment.

Subp. 3. Power equipment operators - highway and heavy projects.

For purposes of parts 5200.1000 to 5200.1120, contractors must use codes and classifications in this subpart for paying and documenting equipment operators working on highway and heavy type construction projects.

Subp. 3a. Power equipment operators commercial projects.

For purposes of parts 5200.1000 to 5200.1120, contractors must use codes and classifications in this subpart for paying and documenting power equipment operators working on commercial type projects.

Subp. 4. Truck drivers.

Subp. 4a. Unit.

For the purposes of subpart 4, "unit" refers to all axles including the steering axle.

Subp. 5. Special crafts.

Subp. 6. Wage determinations.

Wage determinations shall be made for other classifications not listed if such other classifications are in general use in the area being surveyed.

History

Statutory Authority: MS s 14.06; 175.171; 177.28; 177.41 to 177.44
History: 15 SR 965; 17 SR 1279; 19 SR 482; 21 SR 1107; 33 SR 1598; 33 SR 1695; 35 SR 1711

Minn. R. 5200.1101 Job Classification Descriptions; Laborers

Subpart 1. Code No. 101, Laborer, common (general labor work).

A. Nature of work: performing tasks involving physical labor at building, highway, and heavy construction projects, tunnel and shaft excavations, and demolition sites including the following tasks or other tasks not listed which are not considered skilled craft work.

B. Typical duties:

C. Typical tools used: Air hammer, earth tamper, cement mixer, small mechanical hoist, surveying and measuring equipment, chain saw, cutoff saw, compaction equipment (hand-operated or remote control), concrete drill, concrete vibrator, jackhammer, paving breaker, air compressor, chipping tool, hammer, pliers, chisel, screwdriver, rigging equipment, cutter, shovel, rake, wheelbarrow, file, bar, sockets and wrench, level, scraper, grinder, core drill, rock drill, broom, torch, arc welder, ladder, knives, concrete slab saw, and concrete wall saw.

Subp. 2. Code No. 102, Laborer, skilled (assisting special craft journeyman).

A. Nature of work: performing skilled laborers' work and assisting special craft persons by performing the duties associated with the special crafts including duties typically considered those of a hod-carrier, mason tender, brick tender, drill runner tender, refractory worker, stone tender, shot-crete nozzle operator, track layer, concrete placement laborer, or top man.

B. Typical duties:

C. Typical tools used: air hammer, earth tamper, cement mixer, mortar mixer, small mechanical hoist, surveying and measuring equipment, chain saw, cutoff saw, compaction equipment (hand-operated or remote control), concrete drill, concrete vibrator, jackhammer, paving breaker, air compressor, chipping tool, hammer, pliers, chisel, screwdriver, rigging equipment, cutter, shovel, rake, wheelbarrow, file, bar, sockets and wrench, level, scraper, grinder, core drill, rock drill, broom, torch, arc welder, ladder, knives, concrete slab saw, and concrete wall saw.

Subp. 3. Code No. 103, Laborer, landscaping (gardener, sod layer and nursery operator).

A. Nature of work: performing landscaping including seeding, sodding, and planting of woody and herbaceous plant material, including native plant material such as grasses, shrubs, and trees; installing edging and ground cover, including mulches, decorative rock, and other materials associated with plantings; and installing erosion control measures limited to erosion blanket, silt fence, and bale checks and temporary erosion control measures.

B. Typical duties:

C. Typical tools used: shovel, rake, wheelbarrow, and seed and fertilizer broadcaster.

Subp. 4. Code No. 104, Flag person.

A. Nature of work: performing duties to regulate flow of traffic through a construction project by using handheld flags and signs. May keep in radio contact with others regulating traffic through the work zone.

B. Typical duties:

C. Typical tools used: signs, flags, radio, and personal protective equipment.

Subp. 5. Code No. 105, Watch person.

A. Nature of work: monitoring access to a construction project site.

B. Typical duties:

C. Typical tools used: signs, flags, radio, and personal protective equipment.

Subp. 6. Code No. 106, Blaster.

A. Nature of work: assembling plants and detonating charges of industrial explosives to loosen earth, rock, and stumps, or to demolish structures to facilitate removal.

B. Typical duties:

C. Typical tools used: jackhammer, drills, galvanator, dynamite punch, crimper, tampers, signal whistle, and rigging equipment.

Subp. 7. Code No. 107, Pipelayer (water, sewer and gas).

A. Nature of work: laying pipe, metal culvert and box culvert for water, sewer water, water main, waste sewage, stormwater runoff, catch basins, manholes, and pedestrian access.

B. Typical duties:

C. Typical tools used: shovels, bars, lasers, targets, level, measuring and surveying equipment, stick rule, pipe fusion equipment, impact wrench, rigging equipment, small mechanical hoist, chain saw, cutoff saw, compaction equipment (hand-operated or remote control), paving breaker, air compressor, chipping hammer, hammers, pliers, chisel, screwdriver, wheelbarrow, scraper, grinder, torch, and ladder.

Subp. 8. Code No. 108, Tunnel miner.

A. Nature of work: drilling earth and rock excavations to construct underground shafts and tunnels for projects such as roads, railways, and waterways, and performing work within tunnels.

B. Typical duties:

C. Typical tools used: drills, saws, jack leg, hammers, tunnel boring machines, locomotives, mucking machines, conveyors, grout pumps, rigging equipment, and welding equipment.

Subp. 9. Code No. 109, Underground and open ditch laborer (eight feet below starting grade level).

A. Nature of work: assisting the pipelayer from within the excavation.

B. Typical duties:

Subp. 10. Code No. 110, Survey field technician.

A. Nature of work: operating total station, GPS receiver, level, rod or range poles, steel tape measurement; marking and driving stakes; hand or power digging for and identifying markers or monuments; performing and checking calculations; and reviewing and understanding construction plans and land survey materials. This classification does not apply to the work performed on a prevailing wage project by a land surveyor who is licensed pursuant to Minnesota Statutes, sections 326.02 to 326.15.

B. Typical duties:

C. Typical tools used: total station, Global Positioning System (GPS) receiver, level, rod or range poles, steel tape for measurement, shovels, hammers, and other hand or small power digging equipment.

Subp. 11. Code No. 111, Traffic control person (temporary signage).

A. Nature of work: installation, movement, and removal of temporary traffic control systems such as cones, signage (electric or nonelectric), barriers, and flashing lights during highway and heavy and commercial construction projects.

B. Typical duties:

C. Typical tools used: two-axle truck with or without swing arm for placing and removing signage, cones, barriers, and flashing lights, Global Positioning System (GPS) for accurate placement of signage, cones, barriers, and flashing lights, pressure washer to clean temporary signage (electric or nonelectric), cones, and flashing lights in a work zone.

Subp. 12. Code No. 112, Quality control tester.

A. Nature of work: field and covered off-site facilities; testing of aggregate, asphalt, and concrete materials; limited to Minnesota Department of Transportation highway and heavy construction projects where the Minnesota Department of Transportation has retained quality assurance professionals to review and interpret the results of quality control testers' services provided by the contractor.

B. Typical duties:

C. Typical tools used: screens, microwave, hot plate, burner plate, scales, compactor (Marshall or Gyratory), hydraulics to break concrete cylinders or bars for tensile strength, and various hand tools to obtain and finish samples.

History

Statutory Authority: MS s 175.171; 177.28
History: 35 SR 1711

Minn. R. 5200.1102 Job Classification Descriptions; Special Crafts

Subpart 1. Code No. 701, Heating and frost insulators.

A. Nature of work: applies to workers who apply insulation materials to mechanical systems to reduce loss or absorption of heat, prevent moisture condensation, deaden sound, and prevent vibration. The workers remove all insulation materials from mechanical systems unless the mechanical system is being scrapped.

B. Typical duties:

C. Typical tools used: metal cutters, reciprocating saws, industrial sewing machines, shears, staple guns, and utility knives.

Subp. 2. Code No. 702, Boilermakers.

A. Nature of work: assembling, analyzing defects in, and repairing boilers, pressure vessels, tanks, and vats in fields following blueprints and using hand tools and portable power tools and equipment. Constructing, erecting, and assembling all boiler parts and work in connection with the boiler, including boiler fronts, heat units, water walls, tube supports, and casings. All connections between the boiler and stack (commonly known as breeching), built of sheet steel or iron, supports for same (which are not part of the building structure), uptakes, smoke boxes, air and water heaters, smoke consumers, and hot and cold air ducts (except when used for ventilation purposes). Pontoons, purifying boxes, gas generators, wash tanks and scrubbers, standpipes, brewery vats, exception glass enameled tanks, and water towers. All iron and steel pipeline, penstock, and flue work. Steam, air, gas, oil, and water, or other liquid tanks or containers requiring tight joints. Blast furnaces and rolling mills, hot stoves cupolas, dump cars, and all gasometers as well as frame work in connection with same. Iron and steel stacks in connection with power plants and rolling mills. Economizers, superheaters, attemperators, air heaters, casing, downcomers, sludge boxes, and sluice troughs. All demolition of boiler equipment, if replaced with the same or similar equipment or if the demolished parts are moved and rebuilt somewhere else. All handling, unloading, and working with boilermaker material.

B. Typical duties:

C. Typical tools used: hammers, hoists, levels, punches, nail sets, drifts, and welding tools.

Subp. 3. Code No. 703, Bricklayers.

A. The term "bricklayer" includes the following and similar jobs: brick masonry, stonemasonry, artificial masonry, pointing-cleaning-caulking, and setting precast.

B. Nature of work:

Subp. 4. Code No. 704, Carpenters.

A. Nature of work: Constructing, erecting, installing, and repairing structures, structural members, and fixtures made of wood, plywood, wallboard, and materials that take the place of wood, such as plastic, metals, composites, and fiberglass, using carpenter hand tools and power tools.

B. Typical duties:

C. Typical tools used:

Subp. 5. Code No. 705, Carpet layers (linoleum).

A. Nature of work: applies to workers who measure, cut, sew, make-up and seam, tape, and fit. Laying, installing, sealing, and waxing materials to be cemented, tacked, or otherwise applied to its base and adhered to any surface. These materials may be used as shock-absorbing, sound absorbing, or decorative coverings. Except for terrazzo, magnesite, and latex built-up floors, the materials include oil, cloth, matting, linen, carpet, synthetic turf, linoleum, vinyl, plastic, rubber, cork, mastic, asphalt, mastipave, tile, wood tile, interlocking and magnetic tile, chalk and bulletin board, nonslip or abrasive materials, resilient, decorative seamless surface coatings, monolithic coverings (monolithic means all resilient seamless material such as epoxy, polyethylene, plastics, and their derivatives, components, and systems), and all other resilient coverings on floors, walls, counters, table tops, and ceilings.

B. Typical duties:

C. Typical tools used:

Subp. 6. Code No. 706, Cement masons.

A. Nature of work: applies to workers who set up rodding and finish fresh concrete, perform work on existing concrete, or work with various cementatious products.

B. Typical duties:

C. Typical tools used: floats, trowels, rubber floats, rubbing stones, set-up tools, saws, laser levels, eye levels, total stations, tapes, laser screeds, power screeds, walking or riding troweling machines, concrete polishing machines, concrete floor saws, and power or pump sealer sprayers.

Subp. 7. Code No. 707, Electricians.

A. Nature of work: applies to workers who are responsible for installation, assembly, construction, inspection, operation, and repair of all electrical work within the property lines of any given property (manufacturing plants, commercial buildings, schools, hospitals, power plants, parking lots), single-family housing, apartments, condominiums, townhomes, and residential buildings. This scope of work shall begin at the secondary side of the transformer when the transformer is furnished by the local utility and the service conductors are installed underground. When service conductors are installed overhead in open air from wooden poles, this scope of work shall start immediately after the first point of attachment to the buildings or structures.

B. Typical duties:

C. Typical tools used:

Subp. 8. Code No. 708, Elevator constructors.

A. Nature of work: assembling and installing all commercial conveyances: electric, cable driven, hydraulic, rack and pinion, freight and passenger elevators, escalators, dumbwaiters, moving walks, ramps, and lifts.

B. Typical duties:

C. Typical tools used: event or graphic data recorders, hydraulic pressure gauges, amp meters, millivoltmeters, test lamps, voltmeters, saws, grinders, acetylene torch, drill.

Subp. 9. Code No. 709, Glaziers.

A. Nature of work: installing, setting, cutting, preparing, fabricating, distributing, handling, or removing the following: glass and glass substitutes used in place of glass, preglazed windows, retrofit window systems, mirrors, curtain wall systems, window wall systems, suspended glass systems, louvers, skylights, entrance ways including automatic doors, patio doors, store front, column covers, panels and panel systems, glass hand rails, decorative metals as part of the glazing system, and the sealing of all architectural metal and glass systems for weatherproofing and structural reasons.

B. Typical duties:

C. Typical tools used: files, glass cutters, grinding or polishing machines, power saws, miter saws, all types of levels and laser levels, all types of squares, all types of power tools, all types of hand tools, suction cups, power suction cups, swing stages, platform lifts, scaffolding, safety equipment, welding equipment, step ladders, and extension ladders.

Subp. 10. Code No. 710, Lathers.

A. Nature of work: erecting (horizontal) metal framework to which wooden, metal, or rockboard lath is fastened.

B. Typical duties:

C. Typical tools used: lifts, putty knives, saws; drywall, hacksaw, keyhole, trowels, utility knives, claw hammers, and lathing hammers.

Subp. 11. Code No. 711, Ground person.

A. Nature of work: performing ground work to assist the journeyman lineman on work that is not energized.

B. Typical duties:

C. Typical tools used: jackhammers, air drills, shovels, picks, tamps, trenching equipment, and other tools used in excavating or compacting dirt or rock.

Subp. 12. Code No. 712, Ironworkers.

A. Nature of work: performing field storage and yarding, (on-site storage area or railhead) laying out, fabricating, modifying, erecting, installing, removing, repairing, renovating, retrofitting, demolishing, or dismantling of structural, architectural, ornamental, miscellaneous, and reinforcing members and related components or fixtures made of iron, steel, other ferrous and nonferrous metals and alloys, acrylic, ceramics, fiberglass, fiber-reinforced plastics or composites (FRP products), glass architectural or structural, precast, and prestressed concrete or stone, and materials that take their place, in buildings, bridges of all types, structures, civil work of all kinds, facilities, plants, and machinery, equipment, and appurtenances related thereto.

B. Typical duties:

C. Typical tools used: spud wrenches, sleaver bars, hammers, alignment pins, wedges, hydraulic jacks, rams, pliers, wire reels, tape measures, thickness gauges, various clamps, optical instruments such as Total Station and Pacific Laser System, transits, plumb bob, gas saws, drills, hammer drills, porta-bank, torsion control gun, welders (gas and electric), grinders, screw guns, tugger, chain fall, come-along, porta-power, roust-a-bout, genie lifts, J.L.G., scissors lift, sawzall, impact wrenches, torque wrenches, air compressors, stressing rams and equipment, jacking systems, power lifts, metal shears, torching equipment (acetylene, plasma, propane, and oxygen), cable cutters, automatic rebar typing machine, various types of rope, nylon slings, wire rope chokers, and shackles.

Subp. 13. Code No. 713, Lineman.

A. Nature of work: erecting, maintaining, and repairing transmission poles (wood, metal, or other), fabricated metal transmission towers, outdoor substations, switch racks or similar electrical structures, electric cables, and related equipment for high-voltage transmission and distribution power lines.

B. Typical duties:

C. Typical tools used: hand tools, power drills, conduit benders, saws, voltage or current meters, and wire or cable cutters.

Subp. 14. Code No. 714, Millwright.

A. Nature of work: assembling, installing, aligning, and dismantling mechanical, hydraulic, pneumatic, power generation, and electrical machinery in commercial and industrial sites.

B. Typical duties:

C. Typical tools used: gauges or inspection fixtures, hammer, hoists, levels, precision measuring equipment, micrometers, pullers, punches or nail sets, drill press, and hand tools necessary to perform work in items A and B.

Subp. 15. Code No. 715, Painters.

A. Nature of work: Applying coats of primer, paint, sealer, stain, varnish, enamel, lacquer, and special coatings to decorate and protect interior or exterior surfaces, trimmings, and fixtures of buildings and structures. Applying wall coverings both paper and vinyl, and carpet to walls and ceilings.

B. Typical duties:

C. Typical tools used:

Subp. 16. Code No. 716, Piledriver.

A. Nature of work: performing pile work and driving piles of any type, including, but not limited to, wood, steel, concrete, and composite materials. Includes bridge work, bridge demolition, and pile driving work related to waterfront and marine installations. Set up and operation of vibratory equipment.

B. Typical duties:

C. Tools used: operating pile drivers mounted on skids, barges, crawler treads, or locomotive cranes or any hoisting equipment to drive pilings for retaining walls, bulkheads, and foundations of structures, such as buildings, bridges, and piers. Torches, cable cutters, chain saws, and all necessary welding equipment. Vibratory driver or extractor for piling and sheeting operations.

Subp. 17. Code No. 717, Pipefitters -- steamfitters.

A. Nature of work: performing and assisting in fabricating, assembling, installing, altering, dismantling, maintaining, and replacing pipe systems, pipe supports, and related hydraulic and pneumatic equipment for steam, hot water, heating, cooling, lubricating, and industrial production and processing systems (ammonia, refrigerant, steam, hot water, chilled water, process piping, etc.).

B. Typical duties:

C. Typical tools used:

Subp. 18. Code No. 718, Plasterers.

A. Nature of work: applying coats of plaster or stucco to interior or exterior walls, ceilings, and partitions of buildings and structures to produce a finished surface. Installing exterior insulation finish systems (EIFS). Fireproofing building assemblies with plaster materials, sprayed fiberglass, or other similar materials, whether applied to gypsum, metal lath, or directly.

B. Typical duties:

C. Typical tools used:

Subp. 19. Code No. 719, Plumbers.

A. Nature of work: performing or assisting at the business, trade, or work having to do with the installation, removal, alteration, or repair of plumbing and drainage systems or parts thereof, which include, but are not limited to, plumbing fixtures, plumbing appliances, and plumbing appurtenance.

B. Typical duties:

C. Typical tools used:

Subp. 20. Code No. 720, Roofer/waterproofer.

A. Nature of work: applying and installing any and all types of roofing materials. For sheet metal roofs see "Sheet Metal Workers."

B. Typical duties:

C. Typical tools used:

Subp. 21. Code No. 721, Sheet metal workers.

A. Nature of work: fabricating onsite, assembling, installing, and replacing sheet metal products and equipment, including control boxes, drainpipes, ductwork, furnace casings, and other ferrous and nonferrous products of varying degrees of gauge thickness, including PVC or fiberglass ductwork (typically nonstructural in nature). This does not include sheeting work performed by carpenters or ironworkers.

B. Typical duties:

C. Typical tools used:

Subp. 22. Code No. 722, Sprinkler fitters.

A. Nature of work: installing, inspecting, and maintaining fire protection and fire control systems, including water mains (overhead and underground), fire hydrants, hydrant mains, standpipes, hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems, and all tanks and pumps connected thereto, including CO2 and Cardox systems, dry chemical systems, foam systems, Halon, and all other fire protection systems.

B. Typical duties:

C. Typical tools used:

Subp. 23. Code No. 723, Terrazzo workers.

A. Nature of work: installing durable and decorative surfaces on floors, walls, and ceilings. Terrazzo work includes the following and similar materials: venetian enamel and terrazzo, cement terrazzo, magnesite terrazzo, Dex-O-Tex terrazzo, epoxy matrix terrazzo, exposed aggregate, and polished, honed, or sand finished materials.

B. Typical duties:

C. Typical tools used:

Subp. 24. Code No. 724, Tile setters.

A. Nature of work: applying tile to floors, walls, ceilings, stair treads, promenade of roof decks, garden walks, swimming pools, and all places where tiles may be used to form a finished surface for practical use, sanitary finish, or decorative purpose, in the following materials: burned clay products (used in the tile industry, glazed or unglazed), terra cotta tile, unit tile, ceramic veneer, machine-made terra cotta, and similar materials. Tile setters set tile, repair and patch tile, lay out the work, and install substrates; install showers, countertops, floors, and steps; lay quarry tile; and install ceilings, mantels, hearths, swimming pools, domes, columns, and arches.

B. Typical duties:

C. Typical tools used:

Subp. 25. Code No. 725, Tile finishers.

A. Nature of work: finisher work includes mixing grout, grouting, and surfacing all types of tile, cutting tile, and sealing surfaces. Tile finishers work primarily after the tile is set and adhered to the floor or wall by tile setters. Tile finisher work also includes mixing mortars, epoxy resins, and adhesives and cleaning, treating, and sealing surfaces.

B. Typical duties:

C. Typical tools used:

Subp. 26. Code No. 726, Drywall taper.

A. Nature of work: drywall tapers perform seal joints between plasterboard and other wallboards to prepare wall surface for painting or papering or any type of wall finishing system.

B. Typical duties:

C. Typical tools used:

Subp. 27. Code No. 727, Wiring system technician; technology circuits or systems technician.

A. Nature of work: installing, inspecting, repairing, and servicing electronic and telecommunications systems.

B. Typical duties:

C. Typical tools used: copper tester, fiber testers, level, pliers, wire cutters, measuring tape, wrench, wire stripper, needle nose pliers, power hand drill, soldering iron, and electric screw gun.

Subp. 28. Code No. 728, Wiring system installer; technology circuits or systems installer.

A. Nature of work: installing communications or low-voltage wiring systems, not including head end that is covered by the wiring systems technician.

B. Typical duties:

C. Typical tools used: level, pliers, wire cutters, measuring tape, wrench, wire stripper, needle nose pliers, power hand drill, soldering iron, and electric screw gun

Subp. 29. Code No. 729, Asbestos abatement or environmental remediation worker.

A. Nature of work: removing asbestos from ceilings, walls, beams, boilers, mechanical equipment, and other structures following EPA and OSHA handling and removal requirements. Performing lead abatement and mold removal.

B. Typical duties:

C. Typical tools used: personal protective suits that completely isolate workers from the hazardous material. Most workers are also required to wear respirators while working, to protect them from airborne particles or noxious gases. The respirators range from simple versions that cover only the mouth and nose to self-contained suits with their own air supply. A variety of hand and power tools, brooms, ladders, cutting torches, vacuums and scrapers, putty knife, sandblasters, and high-pressure water sprayers.

Subp. 30. Code No. 730, Sign erector.

A. Nature of work: sign makers and sign installers fabricate, install, repair, alter, maintain, and dismantle commercial signs, fluorescent signs, neon signs, billboards, bulletins, poster panel signs, post and panel signs, and vinyl letter signs.

B. Typical duties:

C. Typical tools used: hand tools and power tools, post-hole digger, shovel, operate air hammer, operate banding machine, utility knife, sandblaster, stencil knife, paint brushes, computer, and ink jet printer.

History

Statutory Authority: MS s 175.171; 177.28
History: 35 SR 1711; 40 SR 71

Minn. R. 5200.1105 Rental Rates for Trucks on Public Works Highway Projects

Drivers who own and operate trucks on contract work shall be compensated for their equipment according to the following formula: Truck Rental Rates Equals Labor Cost Plus Operating Cost.

Labor cost shall be the appropriate rate determined to be prevailing by the Department of Labor and Industry using existing survey methods under parts 5200.1000 to 5200.1120 and certified under part 5200.1100, subpart 4, truck drivers.

Operating cost shall be determined by averaging the itemized costs of operating a vehicle as submitted by at least five trucking firms of various size and five independent truck owner operators, all selected by the commissioner as representative of the industry.

The following items shall be considered as operating costs of a vehicle: the average cost of the vehicle depreciated over seven years, insurance, fuel, oil, tires, taxes, licenses, maintenance, repair, and any administrative expense associated with the vehicle's operation including truck brokers' fees. The truck broker fee is a portion of the minimum truck rental rate and shall be determined by annual survey.

Within 30 days of determination of rates, an informal conference will be held by the commissioner or the commissioner's representative, for the purpose of further input prior to certification. Interested parties shall be given at least ten days' prior notice of the conference date, time, and location, through publication in the State Register.

At the conference, the department shall produce and review the data, summary sheets, and other documents upon which its determination was based.

Notice of the certification and its effective date shall be published in the State Register in accordance with part 5200.1080.

History

Statutory Authority: MS s 175.171; 177.41 to 177.44
History: 13 SR 660; 25 SR 1942

Minn. R. 5200.1106 Coverage of Prevailing Wage Law Under Minnesota Statutes, Sections 177.41 to 177.44

Subpart 1. In general.

For purposes of parts 5200.1105 and 5200.1106 and Minnesota Statutes, sections 177.41 to 177.44, the prevailing wage rate which, for the purpose of all public works highway projects funded in whole or in part by state funds only, includes truck rental rates, must be paid for work under the contract.

Subp. 2. Work under the contract.

A. Except as provided in subpart 4, work under the contract means all construction activities associated with the public works project, including any required hauling activities on the site of or to or from a public works project and work conducted pursuant to a contract as defined by item B, regardless of whether the construction activity or work is performed by the prime contractor, subcontractor, trucking broker, trucking firms, independent contractor, or employee or agent of any of the foregoing entities, and regardless of which entity or person hires or contracts with another. The term "work under a contract" has the same meaning.

B. "Contract" means the written instrument containing the consideration and the terms of agreement between the prime contractor and the contracting agency for the construction of all or a part of:

C. "Prime contractor" means an individual or business entity that enters into a contract as defined in item B with the contracting agency.

D. "Contractor" means an individual or business entity that is engaged in construction or construction service-related activities including trucking activities either directly or indirectly through a contract as defined by item B, or by subcontract with the prime contractor, or by a further subcontract with any other person or business entity performing work under the contract.

Subp. 3. Work considered to be under a contract.

Without limiting the application of parts 5200.1105 and 5200.1106 to other situations, the following are considered to be work under the contract.

A. Work performed by employees of a contractor or subcontractor that operates an asphalt or concrete plant, that was moved into a gravel pit, borrow pit, or other location not on the project, primarily to serve public works projects is considered work under the contract including the contractor's employees loading the equipment hoppers with materials obtained from the pit regardless of whether the pit meets the definition of commercial establishment.

B. The following hauling activities are included in hours worked and considered work under the contract for purposes of payment of prevailing wages and payment of the truck rental rate:

Subp. 4. Work not considered to be under a contract.

Without limiting the application of parts 5200.1105 and 5200.1106 to other situations, the following work is not considered to be work under a contract:

A. the processing or manufacturing of materials or products by or for a commercial establishment;

B. the work performed by employees of the owner or lessee of a gravel pit or borrow pit that is a commercial establishment and that performs work in conjunction with a public works project by adding value to the sand, gravel, or rock contained in or delivered to the pit through the use of screening, washing, or crushing machines. This applies even if the machines are portable. This does not include the employees described in subpart 3, item A;

C. the delivery of processed or manufactured goods to a public works project by the employees of a commercial establishment including truck owner-operators hired by and paid by the commercial establishment, unless it is the delivery of mineral aggregate that is incorporated into the work under the contract by depositing the material substantially in place; or

D. multiple site hauling operations include secondary hauling activities in addition to the hauling of materials on and off the public works project in order to complete the truck's round trip haul. The hauling of materials or products between these secondary off-site facilities as part of a multiple site hauling operation is not considered work under the contract as long as the time spent hauling between the secondary sites is properly documented in the trucking records and the time spent hauling on and off the project is properly compensated as required in subpart 3.

Subp. 5. Commercial establishment, exceptions, definitions.

For purposes of parts 5200.1105 and 5200.1106 and Minnesota Statutes, sections 177.41 to 177.44, the following terms have the meanings listed.

A. "Laborer or mechanic" means a worker in a construction industry labor class identified in or pursuant to part 5200.1100.

B. "Mineral aggregate" is sand, gravel, or crushed stone or rock, or earthen material suitable for roadway development, or mixtures of these naturally occurring substances with recycled materials, suitable for the base or shoulder of a highway or heavy project used to compose the shoulder, or support bituminous or concrete pavement, or used as a final gravel road surface. Mineral aggregate specifically does not include screenings, slag, riprap, recycled concrete and bituminous materials, ready-mix concrete, bituminous concrete, asphalt, mastic, mortar, plaster, macadam, and other similar processed or manufactured materials or products. Additionally, mineral aggregate does not include materials such as clay, topsoil, fill, dirt, silt, boulders, wall stone, loam, gumbo, loess, peat, muck, hardpan, or other similar soils or mixed earth.

C. "Incorporated into the work under the contract by depositing the material substantially in place" means the mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited. As used in this part, "depositing substantially in place" has the same meaning.

D. To be a "fixed place of business," a commercial establishment must serve the government project from a location from which it served the public prior to and at the time of advertisement of the public works contract and that has sufficient utilities and equipment to serve the public upon demand.

E. "Regularly supply" includes supply by a commercial establishment that is closed on a seasonal basis.

F. The determination of whether a facility is a "commercial establishment" is made on a location-by-location basis and on a product-by-product basis, not on a businesswide basis. For purposes of parts 5200.1000 to 5200.1120 and Minnesota Statutes, sections 177.41 to 177.44, production of mineral aggregate is considered production of one product. Construction projects are not considered commercial establishments. A "commercial establishment" is a business entity that has not set up at the location from which deliveries are made primarily to serve public works projects and, prior to and at the time of advertisement of the public works contract, it:

Subp. 6. Prohibited payment practices.

The contractor, subcontractor, trucking broker, or other person making payment to an employee laborer, mechanic, worker, or truck owner-operator may not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid.

Subp. 7. Trucking definitions.

The following terms have the meanings given them for the purpose of parts 5200.1105 and 5200.1106 and Minnesota Statutes, sections 177.41 to 177.44.

A. "Independent truck owner-operator" is an individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity which provides construction services to a public works project. In addition, an owner and operator of a vehicle that is licensed and registered as a truck, tractor, or truck-tractor by a governmental motor vehicle regulatory agency is an independent contractor, not an employee, only if each of the following factors are significantly present:

B. "Trucking firm" is any legal business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects.

C. "Trucking broker" is an individual or business entity, the activities of which include, but are not limited to:

D. "Own" and "operate" have the following meanings and apply to independent truck owner-operators and trucking firms. The notation "truck owner-operator" for the purposes of this part will apply to both the independent owner-operator and trucking firms unless otherwise defined:

Subp. 8. Trucking provisions.

A. Independent truck owner-operators or the owner-driver of a trucking firm are not required to be paid the truck rental rate for:

B. Employees of a trucking firm must always receive the appropriate prevailing wage rate for any work performed under the contract.

C. The owner of a trucking firm may either drive the vehicles or hire employees to drive the vehicles. If the owner drives the vehicle, then the truck hire is subject to the truck rental rates. If the owner hires an employee to drive the vehicle, the truck hire is subject to the truck rental rates and the employee driver is subject to the appropriate prevailing wage rate. These provisions apply regardless of who owns any trailer being pulled by the truck.

Subp. 9. Required records.

A. Upon agreement of a contractor or trucking broker with an independent truck owner-operator to perform work under the contract, the contractor or broker must keep the following records for a period of at least six years following the payment for services:

B. Records required to be kept by item A and other similar records necessary to determine compliance with Minnesota Statutes, sections 177.41 to 177.44, as determined by the commissioner of the department of transportation or the department of labor and industry, must be provided upon request accompanied by a certification form approved by the requesting department.

Subp. 10. Required employee records.

Records pertaining to the proper payment of employees including, but not limited to, fringe benefit documentation, time cards, payroll ledgers, check registers, and canceled checks will be made available on request from the department for further review to determine if the employee was paid according to this part and Minnesota Statutes, sections 177.41 to 177.44. If the commissioner of the department of transportation or the department of labor and industry requests any or all of the following information, the contractor, subcontractor, or trucking firm shall submit the following information to the department together with any certification forms approved by the requesting department:

A. name, address, and social security number of the employee;

B. the classification of work performed defined by part 5200.1100, master job classification;

C. the hours worked per day and per week;

D. legal deductions made from the employee's check;

E. contract information regarding the public works projects worked on by the employee;

F. hourly rate of pay, including any fringe benefit information deemed necessary to determine if the proper prevailing wage rate was paid;

G. project gross amount earned;

H. weekly gross and net amount of payroll check; or

I. in the case of the owner-driver, information described in items A to E shall be submitted along with the hourly truck rental rate paid to the owner-driver.

Subp. 11. Effective date.

Parts 5200.1105 and 5200.1106 are effective June 25, 2001. Part 5200.1106 is effective for all projects as described in part 5200.1106, subpart 2, item B, that are advertised for bid on and after June 25, 2001. The new truck rental rates to be issued under part 5200.1105 are effective for all projects as described in part 5200.1106, subpart 2, item B, that are advertised on and after the publication in the State Register of the notice of certification of the truck rental rates.

History

Statutory Authority: MS s 175.171; 177.41 to 177.44
History: 25 SR 1942

Minn. R. 5200.1110 Posting of Wage Rates

Each contractor and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the county or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. (Minnesota Statutes 1974, sections 177.43, subdivision 4 and 177.44, subdivision 5.) The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits, and any other economic benefit required to be paid.

History

Statutory Authority: MS s 175.171

Minn. R. 5200.1120 Effective Date of Wage Rate Determinations

Wage rate determinations previously certified by the department shall, subject to the review procedures contained in part 5200.1090, remain in effect until such time that new wage rates are determined in accordance with the provisions of parts 5200.1000 to 5200.1120 as amended.

History

Statutory Authority: MS s 175.171

Minn. R. 5200.1200 Definitions

Subpart 1. Scope.

For the purposes of Minnesota Statutes, sections 177.50 and 181.9445 to 181.9448, and parts 5200.1201 to 5200.1209, the following terms have the meanings given.

Subp. 2. Accrual year.

"Accrual year" has the meaning given in Minnesota Statutes, section 181.9445, subdivision 11.

Subp. 3. Qualifying purpose.

"Qualifying purpose" means an eligible reason for an employee to use earned sick and safe time as defined in Minnesota Statutes, section 181.9447, subdivision 1.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1201 Accrual Year

Subpart 1. Accrual year.

If an employer does not designate and clearly communicate the accrual year to each employee as required by Minnesota Statutes, section 181.9445, subdivision 11, the accrual year is a calendar year.

Subp. 2. Changes to accrual year.

An employer must provide notice of a change to the start and end dates of an accrual year as part of the written notice of changes to employment terms required under Minnesota Statutes, section 181.032, paragraph (f), prior to the date the change takes effect. A change to the start and end dates of an accrual year must not negatively impact an employee's ability to accrue earned sick and safe time in accordance with Minnesota Statutes, section 181.9446.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1202 Hours Worked

Subpart 1. Eligibility.

An employer must determine in good faith whether an employee is anticipated to perform work for at least 80 hours in a year for that employer in Minnesota pursuant to Minnesota Statutes, section 181.9445, subdivision 5. For the purposes of this subpart, "good faith" means the employer, at a minimum, evaluated the employee's anticipated work schedule and location of hours worked in a manner that is not knowingly false or in reckless disregard of the truth. Employees anticipated to work or who actually work at least 80 hours in a year for that employer in Minnesota must receive earned sick and safe time in accordance with Minnesota Statutes, section 181.9446.

Subp. 2. Determining hours worked.

A. Parts 5200.0120 and 5200.0121 govern determinations of an employee's accrual of earned sick and safe time under Minnesota Statutes, section 181.9446, paragraph (a).

B. Notwithstanding item A, for an employee exempt from overtime requirements under United States Code, title 29, section 213(a)(1), who uses earned sick and safe time for an absence of a full work day, more sick and safe time hours cannot be deducted than the number of hours for which the employee is deemed to work for the purposes of accruing earned sick and safe time each work day under Minnesota Statutes, section 181.9446, paragraph (c).

Subp. 3. Indeterminate shift.

A. When an employee uses earned sick and safe time for an absence from a scheduled shift of an indeterminate length, such as a shift defined by business needs rather than a specific number of hours, the employer must deduct from the employee's available earned sick and safe time using only one of the following options:

B. For an employee who uses earned sick and safe time after beginning a shift of an indeterminate length, the employer must use the options in item A by deducting from the employee's available earned sick and safe time the amount associated with the selected option minus the hours already worked by the employee during the shift.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1203 Time Credited and Increments of Accrual

Subpart 1. Crediting accrual.

For the purposes of Minnesota Statutes, section 181.9446, paragraph (a), earned sick and safe time must be credited to an employee for each pay period based on all hours worked no later than the regular payday after the end of each corresponding pay period. Earned sick and safe time is considered accrued when the employer credits the time to the employee.

Subp. 2. Increment of time accrued.

An employer is not required to credit employees with less than hour-unit increments of earned sick and safe time accrued under Minnesota Statutes, section 181.9446, paragraph (a).

Subp. 3. Rehire.

An employee rehired by the same employer within 180 days of the employee's separation from employment is entitled to a maximum reinstatement of 80 hours of previously accrued but unused earned sick and safe time under Minnesota Statutes, section 181.9448, subdivision 2, unless the employer agrees to a higher amount or an applicable statute, regulation, rule, ordinance, policy, contract, or other legal authority requires a greater amount of accrued but unused time off to be reinstated.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1204 Accrual and Advancing Methods

Subpart 1. Advancing hours.

For the purposes of Minnesota Statutes, section 181.9448, subdivision 1, paragraph (j), when an employer advances earned sick and safe time to an employee for the remainder of the accrual year:

A. the advanced amount of earned sick and safe time must be calculated at no less than the rate required in Minnesota Statutes, section 181.9446, paragraph (a);

B. employers are not required to advance more than 48 hours of earned sick and safe time, unless required by an applicable statute, regulation, rule, ordinance, policy, contract, or other legal authority; and

C. if the advanced amount is less than the amount the employee would have accrued based on the actual hours worked, the employer must provide additional earned sick and safe time to make up the difference within 15 calendar days of the employee's actual hours worked surpassing the number of hours the employer anticipated the employee would work when it advanced earned sick and safe time.

Subp. 2. Changing methods.

Any change to an employer's method of providing earned sick and safe time to an employee under Minnesota Statutes, section 181.9446, paragraph (a) or (b), must be communicated to the employee in writing and is not effective until the first day of the next accrual year. An employer must provide notice of a change to the accrual method as part of the written notice of changes to employment terms required under Minnesota Statutes, section 181.032, paragraph (f). If an employer fails to provide timely notice of a change to the accrual method as required by this subpart, the prior accrual method remains in effect, unless the employee agrees otherwise.

Subp. 3. No additional accrual necessary.

When an employer provides an employee with earned sick and safe time for the accrual year under Minnesota Statutes, section 181.9446, paragraph (b), clause (2), the employer is not required to provide the employee with any additional accrual under Minnesota Statutes, section 181.9446, paragraph (a).

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1205 Employee Use

Subpart 1. No required use.

It is an employee's right to use earned sick and safe time for a qualifying purpose. An employer must not require an employee to use earned sick and safe time.

Subp. 2. Unprotected leave.

An employee's leave is not subject to the protections provided to employees in Minnesota Statutes, sections 181.9445 to 181.9448, when the employee requests not to use earned sick and safe time for an absence from work.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1206 Incentives

If a bonus, reward, or other incentive is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance and the employee has not met the goal due to use of earned sick and safe time, then the incentive may be denied, unless otherwise paid to employees on any other leave status.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1207 Reasonable Documentation

For uses of earned sick and safe time for which an employer may require reasonable documentation, an employee who does not provide reasonable documentation in accordance with Minnesota Statutes, section 181.9447, subdivision 3, is not subject to the protections provided to employees in Minnesota Statutes, sections 181.9445 to 181.9448. Any requirement for reasonable documentation must be clearly communicated to the employee and the employee must be given a reasonable amount of time to provide reasonable documentation.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1208 Misuse of Earned Sick and Safe Time

Subpart 1. Misuse.

Misuse occurs when an employee uses earned sick and safe time for a purpose not covered by Minnesota Statutes, section 181.9447, subdivision 1. Misuse is not subject to the protections provided to employees in Minnesota Statutes, sections 181.9445 to 181.9448.

Subp. 2. Pattern or clear instance of suspected misuse.

Notwithstanding the timeline provided in Minnesota Statutes, section 181.9447, subdivision 3, paragraph (a), an employer is permitted to require reasonable documentation from an employee when there is a pattern or clear instance of suspected misuse by the employee. A pattern or clear instance of suspected misuse includes, but is not limited to:

A. an employee repeatedly used earned sick and safe time on their scheduled work day immediately before or after a scheduled day off, vacation, or holiday;

B. an employee repeatedly used increments of earned sick and safe time of less than 30 minutes at the start or end of a scheduled shift;

C. an employee used earned sick and safe time on a day for which the employer previously denied the employee's request to take other paid leave; or

D. documentation or other evidence that conflicts with the employee's claimed use of earned sick and safe time. An employer that requires reasonable documentation under this subpart must do so in accordance with Minnesota Statutes, section 181.9447, subdivision 3, paragraphs (b) to (f). An employer that requires reasonable documentation in accordance with this subpart is not retaliating against an employee under Minnesota Statutes, section 181.9447, subdivision 6.

Subp. 3. No restriction on use.

An employer must not deny an employee the use of earned sick and safe time for a qualifying purpose based on previous misuse of earned sick and safe time by the employee or the employer's suspicion that the employee may misuse earned sick and safe time. However, misuse of earned sick and safe time is not subject to protections provided to employees in Minnesota Statutes, sections 181.9445 to 181.9448, and may be subject to discipline by the employer.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.1209 More Generous Sick and Safe Time Policies

Subpart 1. Excess paid time off.

Excess paid time off and other paid leave made available to an employee by an employer under Minnesota Statutes, section 181.9448, subdivision 1, paragraph (a), is subject to the minimum standards and requirements provided in Minnesota Statutes, sections 181.9445 to 181.9448, except for section 181.9446, only when the leave is used for a qualifying purpose.

Subp. 2. Salary continuation benefits.

For the purposes of Minnesota Statutes, section 181.9448, subdivision 1, paragraph (a), "other salary continuation benefits" includes Minnesota Paid Leave under Minnesota Statutes, chapter 268B.

History

Statutory Authority: MS s 177.50
History: 50 SR 1515

Minn. R. 5200.2000 Definitions

Subpart 1. Scope.

Unless otherwise defined in this part, the terms used in parts 5200.2000 to 5200.2050 have the meanings given in Minnesota Statutes, section 181.211.

Subp. 2. Applicant.

"Applicant" means a worker organization that applies to become a certified worker organization or renew its certification.

Subp. 3. Executive director.

"Executive director" means the executive director of the Minnesota Nursing Home Workforce Standards Board.

Subp. 4. Holiday.

"Holiday" means the following dates: New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples' Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25. A holiday is a 24-hour period comprised of the time from midnight of the date designated as a holiday to the next midnight.

Subp. 5. Minnesota Nursing Home Workforce Standards Board Act.

The "Minnesota Nursing Home Workforce Standards Board Act" or "act" means Minnesota Statutes, sections 181.211 to 181.217.

History

Statutory Authority: MS s 181.213; 181.214; 181.215
History: 49 SR 628

Minn. R. 5200.2010 Holiday Pay

Subpart 1. Holiday pay.

Beginning January 1, 2025, a nursing home worker who works any holiday shall be paid a minimum of time-and-one-half their regular hourly wage for all hours worked during the holiday.

Subp. 2. Modification of holiday date and time.

A. The start and stop times for the 24-hour period comprising a holiday can be modified by a nursing home employer if agreed upon by a majority of affected nursing home workers or the exclusive representative of the affected nursing home workers if one exists.

B. A nursing home employer may substitute up to four holidays for an alternate day in the same calendar year if the substitution is agreed upon by a majority of affected nursing home workers or the exclusive representative of the affected nursing home workers if one exists.

C. Any agreement to modify a holiday date or time must be made in the calendar year preceding the start of the calendar year in which the modified holiday is observed. There must be written record of an agreement under this item.

D. The nursing home employer must retain a record of agreement to modify a holiday date or time under item C for a minimum of three years following the observation of the modified holiday.

History

Statutory Authority: MS s 181.213; 181.214; 181.215
History: 49 SR 628

Minn. R. 5200.2020 Notice of Nursing Home Worker Rights

Subpart 1. Posting of notice of nursing home worker rights.

Nursing home employers must provide notice informing nursing home workers of the rights and obligations provided under the act or established by the Minnesota Nursing Home Workforce Standards Board. A nursing home employer must provide notice using the same means that the nursing home employer uses to provide other legally required work-related notices to nursing home workers. Nursing home employers must, at a minimum:

A. post a copy of the notice at each work site where nursing home workers work and in a location where the notice is readily seen and reviewed by all nursing home workers working at the site, and take steps to ensure that the notice is not altered, defaced, or covered by other material; or

B. provide a paper or electronic copy of the notice to all nursing home workers and applicants for employment as a nursing home worker.

Subp. 2. Contents of notice.

Notices of a nursing home worker's rights and obligations must include a statement containing all nursing home employment standards established by the Minnesota Nursing Home Workforce Standards Board. Notices must also include the following statements of rights and responsibilities:

A. It is unlawful for a nursing home employer to discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against a nursing home worker because the person has exercised or attempted to exercise rights granted under the act; participated in any process or proceeding under the act, including but not limited to board hearings, board or department investigations, or other related proceedings; or attended or participated in training under Minnesota Statutes, section 181.214.

B. It is unlawful for a nursing home employer to:

C. A nursing home worker found to have experienced retaliation is entitled to back pay and reinstatement to the worker's previous position, wages, benefits, hours, and other conditions of employment.

D. A nursing home worker may individually or as part of a class action bring a civil action against a nursing home employer in district court for violations of the act or of any applicable minimum nursing home employment standards or local minimum nursing home employment standards. The civil action must be filed in the district court of the county where the violation or violations are alleged to have been committed or where the nursing home employer resides, or in any other court of competent jurisdiction.

E. In an action against nursing home employers for violations of the act, nursing home workers may seek damages and other appropriate relief provided by Minnesota Statutes, section 177.27, subdivision 7, or otherwise provided by law, including reasonable costs, disbursements, witness fees, and attorney fees. A court may also issue an order requiring compliance with the act or with the applicable minimum nursing home employment standards or local minimum nursing home employment standards.

F. An agreement between a nursing home employer and nursing home worker or labor union that fails to meet the minimum standards and requirements under parts 5200.2000 to 5200.2050 and the act is not a defense to an action brought under the act.

G. A nursing home worker seeking information or assistance may contact the Department of Labor and Industry for further information regarding their rights, protections, and obligations. Contact information for the Department of Labor and Industry must be included in the notice.

H. Nursing home workers are required to attend trainings regarding their rights and obligations under the act, and the trainings must, at a minimum, cover the following topics:

I. A nursing home employer must compensate its nursing home workers for training completed as required by law and reimburse any reasonable travel expenses associated with attending training sessions not held on the premises of the nursing home.

J. The nursing home employer shall provide the notices required under this part in the chosen language of a nursing home worker upon the nursing home worker's request.

History

Statutory Authority: MS s 181.213; 181.214; 181.215
History: 49 SR 628

Minn. R. 5200.2030 Application for Certification and Renewal

Subpart 1. Requirements to become a certified worker organization.

To become a certified worker organization, an applicant must:

A. meet the definition of worker organization in Minnesota Statutes, section 181.211;

B. submit complete information satisfying the application requirements under subpart 2; and

C. demonstrate the ability to provide training as follows:

Subp. 2. Application.

A. To become certified, an applicant must file with the board an application in a format prescribed by the board that includes:

B. An applicant may request that the executive director or the executive director's designee examine parts of the application and answer questions related to eligibility.

Subp. 3. Renewal application.

Within 30 days of updated standards becoming effective, the board must open a renewal application period. The renewal application period must last 60 days, during which time a certified worker organization must apply for renewal if it wishes to remain certified. The applicant must file with the board a complete renewal application in a format prescribed by the board that includes:

A. updates to any information previously provided to the board;

B. an affirmation that the applicant has reviewed any updated standards and curriculum established by the board;

C. an affirmation that the applicant will educate its trainers on the updated standards and curriculum;

D. an affirmation that data received from a nursing home employer in connection to the training of its nursing home workers will be maintained according to any applicable data security law and used only for the purposes set forth in Minnesota Statutes, section 181.214, subdivision 5; and

E. an affirmation that all information in the application is true.

History

Statutory Authority: MS s 181.213; 181.214; 181.215
History: 49 SR 628

Minn. R. 5200.2040 Approval, Denial, Revocation, and Cessation of Certification

Subpart 1. Decision on a worker organization's application or renewal application.

A. Within 90 days of receiving an application for certification or renewal of certification, the board must approve or deny the application.

B. When an initial application is approved, the board must assign a unique identification number for the certified worker organization, which must be used for any subsequent renewals.

Subp. 2. Denial or revocation of certification.

A. The board may deny an application for certification or recertification, or revoke certification, if an organization does any of the following:

B. The executive director or the executive director's designee may receive complaints regarding alleged violations of this part. The executive director or the executive director's designee shall investigate the validity of the complaint and recommend to the board whether revocation is appropriate.

C. If an application is denied, the applicant may not submit another application within six months of the denial.

D. If a certification is revoked, the applicant may not submit another application within one year of the revocation.

Subp. 3. Cessation of certification.

A. If an organization decides to discontinue providing training to nursing home workers, the organization must notify the board as soon as practicable and in any event within five business days.

B. Within ten business days of notifying the board under item A, the organization must confirm to the board that:

History

Statutory Authority: MS s 181.213; 181.214; 181.215
History: 49 SR 628

Minn. R. 5200.2050 Board Resources

A. The board must maintain a current list of certified worker organizations on its public website.

B. The list must include information about each certified worker organization's ability to provide trainings in various geographic locations, ability to train virtually, availability to train during various work shifts, and contact information for the person responsible for ongoing communication with nursing home employers.

History

Statutory Authority: MS s 181.213; 181.214; 181.215
History: 49 SR 628

Minn. R. 5200.2060 Definitions

Subpart 1. Scope.

Unless otherwise defined in this part, the terms used in parts 5200.2060 to 5200.2090 have the meanings given in Minnesota Statutes, section 181.211.

Subp. 2. Certified nursing assistant.

"Certified nursing assistant" means a person who has received training and provides or assists in the provision of nursing or nursing-related services in a nursing home consistent with the requirements under Minnesota Statutes, section 144A.61.

Subp. 3. Licensed practical nurse.

"Licensed practical nurse" means a person who engages in the practice of practical nursing, as defined in Minnesota Statutes, section 148.171, subdivision 14, in a nursing home.

Subp. 4. Trained medication aide.

"Trained medication aide" means a person who has received training and administers medications in a nursing home consistent with the requirements under part 4658.1360.

History

Statutory Authority: MS s 181.213
History: 49 SR 443

Minn. R. 5200.2070 Applicability

Subpart 1. Statewide minimum wage standards.

The wage standards for nursing home workers under parts 5200.2080 and 5200.2090 apply statewide.

Subp. 2. Appropriation required.

The wage standards under parts 5200.2080 and 5200.2090 are not effective until:

A. the legislature provides an appropriation, as determined by Minnesota Statutes, sections 256R.21 and 256R.25, sufficient to cover the necessary rate increase; and

B. federal approval of the rate increase is obtained.

Subp. 3. Modified implementation date.

Unless federal approval of the rate increase under subpart 2 is obtained by December 1, 2025, the wage standards under parts 5200.2080 and 5200.2090 shall become effective 30 days after federal approval of the rate increase is obtained.

History

Statutory Authority: MS s 181.213
History: 49 SR 443

Minn. R. 5200.2080 General Wage Standards

Beginning January 1, 2026, the minimum wage for all nursing home workers is $19 per hour. Beginning January 1, 2027, the minimum wage for all nursing home workers is $20.50 per hour.

History

Statutory Authority: MS s 181.213
History: 49 SR 443

Minn. R. 5200.2090 Wage Standards for Certain Occupations

Notwithstanding the statewide minimum wage established in part 5200.2080, the minimum wage for certified nursing assistants, trained medication aides, and licensed practical nurses is:

A. Beginning January 1, 2026, the minimum wage for certified nursing assistants is $22.50 per hour. Beginning January 1, 2027, the minimum wage for certified nursing assistants is $24 per hour.

B. Beginning January 1, 2026, the minimum wage for trained medication aides is $23.50 per hour. Beginning January 1, 2027, the minimum wage for trained medication aides is $25 per hour.

C. Beginning January 1, 2026, the minimum wage for licensed practical nurses is $27 per hour. Beginning January 1, 2027, the minimum wage for licensed practical nurses is $28.50 per hour.

History

Statutory Authority: MS s 181.213
History: 49 SR 443

Chapter 5202 INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATES

Minn. R. 5202.0100 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Minn. R. 5202.0110 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Minn. R. 5202.0120 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Minn. R. 5202.0130 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Minn. R. 5202.0140 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Minn. R. 5202.0150 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Minn. R. 5202.0160 [Repealed, L 2012 c 295 art 2 s 13]

[Repealed, L 2012 c 295 art 2 s 13]

Chapter 5203 SAFETY ACCOUNT GRANT AND LOAN PROGRAM

Minn. R. 5203.0010 Scope and Authority

Parts 5203.0010 to 5203.0070 implement the safety account grant and loan program created and described by Minnesota Statutes, section 79.253, by establishing the criteria and procedural conditions under which the commissioner may award grants or loans from funds generated by fines levied against insurers pursuant to Minnesota Statutes, chapter 176, for costs of implementing safety recommendations.

History

Statutory Authority: MS s 79.253
History: 17 SR 3361

Minn. R. 5203.0020 Definitions

Subpart 1. Scope.

For the purposes of parts 5203.0010 to 5203.0070, the following terms have the meanings given them.

Subp. 2. Account.

"Account" means the safety account established in Minnesota Statutes, section 79.253.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of the Department of Labor and Industry.

Subp. 4. Eligible applicant.

"Eligible applicant" means an employer who is insured by an insurer subject to penalties under Minnesota Statutes, chapter 176, who has been the subject of an on-site safety survey conducted by Minnesota OSHA under Minnesota Statutes, section 79.253, chapter 182, or another similar authority, that results in specifically recommended safety practices and equipment designed to reduce the risk of injury to employees.

Subp. 5. Eligible costs.

"Eligible costs" means all or part of the cost of meeting the standard set forth in Minnesota Statutes, section 79.253, "to establish and promote workplace safety and health programs," and meeting criteria established by the on-site safety inspection. Regardless of the amount of eligible costs, no grant or loan shall be awarded for an amount that exceeds the maximum established by the notice under part 5203.0030, subpart 1.

Subp. 6. Eligible projects.

"Eligible projects" means projects that are designed to reduce the risk of injury to employees pursuant to recommendations resulting from on-site safety inspections of employers.

Subp. 7. Employee.

"Employee" has the meaning given in Minnesota Statutes, section 176.011, subdivisions 9 and 9a.

Subp. 8. Employer.

"Employer" has the meaning given in Minnesota Statutes, section 176.011, subdivision 10.

Subp. 9. Person.

"Person" means an individual, partnership, association, public or private organization, or other legal entity, the state, or an agency, department, or political subdivision of the state.

Subp. 10. Program.

"Program" means the safety account grant and loan program.

History

Statutory Authority: MS s 14.388; 79.253
History: 17 SR 3361; 28 SR 1169

Minn. R. 5203.0030 Application Procedures

Subpart 1. Notification by commissioner.

To initiate the process for awarding program grants and loans, the commissioner shall publish a notice in the State Register advising eligible applicants of the availability of safety grants and loans. The notice shall describe the maximum amount of funding available for a project and establish a deadline by which proposals must be submitted. In the notice, the commissioner may also limit the types of projects for which a grant or loan would be awarded in the funding round initiated by the notice.

Subp. 2. Proposals.

Following the publication of a notice in the State Register, eligible applicants who seek assistance must submit proposals to the commissioner. Proposals must be received by the commissioner by the deadline established in the notice.

A. Proposals for grants under part 5203.0060 shall contain the information in part 5203.0060, subpart 2.

B. Proposals for loans under part 5203.0070 shall contain the information in part 5203.0070, subpart 2.

Subp. 3. Determination of eligibility and completeness.

For all proposals received by the commissioner by the deadline established in the notice, the commissioner shall determine the eligibility of the applicant, the proposed project, the costs identified in the proposal, and the completeness of the proposal.

Subp. 4. Notice of determination of eligibility and completeness.

The commissioner shall notify the applicant of the commissioner's determination of eligibility and completeness of the proposal. If the commissioner determines that the applicant or the project is ineligible, the commissioner shall reject the proposal and notify the applicant. If the commissioner determines that any of the project costs are ineligible or that the proposal is incomplete, the commissioner shall notify the applicant of the ineligible portion of the costs or of the deficiency. The applicant has 14 days after receiving the notice to correct any inadequacies. Extensions shall be granted if requested in a timely manner and good cause exists for the extension. If the inadequacies are not corrected within the time allowed, the proposal shall be rejected.

Subp. 5. Evaluation of proposal.

The commissioner shall evaluate each proposal that is determined to be eligible and complete.

A. Proposals for grants under part 5203.0060 shall be evaluated using the criteria in part 5203.0060, subparts 3 and 4.

B. Proposals for loans under part 5203.0070 shall be evaluated using the criteria in part 5203.0070, subparts 3 and 4.

Subp. 6. Award of grant or loan.

The commissioner shall award a grant or loan for those projects that the commissioner determines best satisfy the criteria applicable to the program under which the applicant is requesting financial assistance. The commissioner shall notify those applicants that do not receive grant or loan awards. An applicant that does not receive an award may resubmit a proposal upon future notice by the commissioner under subpart 1.

Subp. 7. No grant or loan awards.

If the commissioner determines that no proposal will sufficiently advance the safety account's safety goals, the commissioner may decide not to award any grant or loan. The commissioner may then reinitiate the process for awarding grants and loans by publishing a notice under subpart 1.

Subp. 8. Safety surveys; consideration.

In the commissioner's evaluation of the proposal, the commissioner shall consider recommendations provided by on-site surveys of employers.

History

Statutory Authority: MS s 79.253
History: 17 SR 3361

Minn. R. 5203.0040 Limitations

Subpart 1. Reduced grant or loan awards.

The commissioner shall ask an applicant to document the impacts of reduced financial assistance before awarding funds less than the eligible amount requested by the applicant or less than the maximum award established in the notice under part 5203.0030, subpart 1. Reduced funds shall be awarded if the commissioner determines that:

A. program resources are insufficient to provide full assistance to all applicants to which the commissioner intends to award grants or loans; or

B. the reduced grant or loan could still achieve safety objectives.

Subp. 2. Limitations on disbursal of funds.

No grant or loan funds shall be disbursed until the recipient has executed a written grant or loan agreement with the commissioner.

History

Statutory Authority: MS s 79.253
History: 17 SR 3361

Minn. R. 5203.0050 Grant or Loan Agreements

A grant or loan agreement shall:

A. incorporate by reference the proposal submitted to the commissioner;

B. provide that any cost overruns incurred in the development and implementation of the proposed project shall be the sole responsibility of the recipient;

C. require that the recipient provide periodic written reports to the commissioner on the implementation and results of the project;

D. identify the interest rate and repayment obligations for the loan recipient;

E. authorize the commissioner to rescind the grant and require the grant recipient to repay the grant in full if the commissioner determines that, due to the bad faith of the grant receipt, a project has not been developed and implemented according to the terms and conditions of the grant agreement;

F. authorize the commissioner to determine that the loan recipient is in default and require the loan recipient to immediately repay the loan in full if the commissioner determines that, due to the bad faith of the loan recipient, a project has not been developed and implemented according to the terms and conditions of the loan agreement;

G. authorize the commissioner to cease making further disbursements to the grant or loan recipient and to recover the unspent funds if the commissioner determines that, for reasons other than bad faith, a project has not been developed and implemented according to the terms and conditions of the grant or loan agreement and amendment of the agreement is not justified;

H. require that the recipient perform and complete project activities according to the work plan in the proposal submitted to the commissioner and incorporated into the grant or loan agreement;

I. require that all information developed as a result of a grant or loan shall be made public;

J. require that the recipient maintain detailed records of all expenditures related to the project; and

K. establish other conditions or terms needed to management or implement the grant or loan agreement.

History

Statutory Authority: MS s 79.253
History: 17 SR 3361

Minn. R. 5203.0060 Safety Account Grant Program

Subpart 1. Scope.

This part establishes the conditions under which the commissioner shall award grants for costs of implementing safety recommendations made to eligible applicants.

Subp. 2. Proposal.

An eligible applicant shall submit a proposal in the form specified by the commissioner. The commissioner may request additional information from the applicant if it is necessary to clarify the proposal. A proposal must include the following information:

A. the names, qualifications, and addresses of the applicant and other project participants;

B. a description of the proposed project, including:

C. a financial report, including:

D. information demonstrating, where applicable, the technical feasibility of the proposed project, including preliminary design and engineering plans for capital expenditures; and

E. information demonstrating that the project will comply with applicable regulations, including a list of permits required for the project.

Subp. 3. Evaluation of proposals.

The commissioner shall evaluate each proposal that is determined to be eligible and complete, and shall award grants to those projects that, in the commissioner's view, best satisfy the following criteria:

A. the proposed project is technically and economically feasible and is consistent with the recommendations resulting from the on-site safety survey of the employer;

B. the applicant has the experience and knowledge to complete the proposed project and is committed to implementing the proposed project in a timely manner upon receipt of a grant award;

C. the proposed project is consistent with the objective of reducing risk of injury to employees;

D. the proposed project has the necessary financial commitment to cover all proposed project costs;

E. the applicant has demonstrated that the proposed project has the support of all public entities that are involved in the proposed project; and

F. the proposed project complies with federal, state, and local regulations.

Subp. 4. Proposal preference.

Proposals shall be evaluated in order of need and desirability on the basis of the following factors and in the descending order as listed:

A. a project that impacts a site of employment which provides goods producing, manufacturing, or processing jobs for a significant proportion of the workers in the area;

B. a project for operating a site where jobs have been lost or are in jeopardy because of problems relating to safety shortcomings addressed by the proposal; and

C. other projects that meet the criteria specified elsewhere.

History

Statutory Authority: MS s 14.388; 79.253
History: 17 SR 3361; 28 SR 1169

Minn. R. 5203.0070 Safety Account Loan Program

Subpart 1. Scope.

This part establishes the conditions under which the commissioner shall award program loans for costs of implementing safety recommendations made to eligible applicants.

Subp. 2. Proposal.

A. a credit history of the applicant; and

B. financial statements for the last three years.

Subp. 3. Evaluation of proposals.

The commissioner shall evaluate each proposal that is determined to be eligible and complete and shall award loans to those projects that, in the commissioner's view, best satisfy the criteria in part 5203.0060, subpart 3, items A to D and F.

Subp. 4. Proposal preference.

Proposals shall be evaluated in order of need and desirability according to part 5203.0060, subpart 4.

History

Statutory Authority: MS s 79.253
History: 17 SR 3361

Chapter 5204 SAFETY AND HEALTH COMMITTEES

Subpart 1. Title 29.

The Minnesota Department of Labor and Industry Occupational Safety and Health Codes and rules are amended by incorporating and adopting by reference, and thereby making a part thereof, Title 29 of the Code of Federal Regulations as listed in subparts 1a to 7.

Subp. 1a. Part 1904.

Part 1904: Occupational Safety and Health Standards as published in Volume 66, No. 13 of the Federal Register on January 19, 2001, and amended in Volume 66, No. 128 on July 3, 2001, which incorporates changes, additions, deletions, and corrections made up to July 3, 2001, with the exception of part 1904.2; and subsequent changes as follows:

A. Federal Register, Volume 67:

B. Federal Register, Volume 68, No. 125, pages 38601-38607, dated June 30, 2003; "Occupational Injury and Illness Recording and Reporting Requirements; Final Rule."

C. Federal Register, Volume 79, No. 181, pages 56130-56188, dated September 18, 2014; "Occupational Injury and Illness Recording and Reporting Requirements - NAICS Update and Reporting Revisions; Final Rule," with the exception of part 1904.2.

D. Federal Register, Volume 81, No. 92, pp. 29624-29688, dated May 12, 2016: "Improve Tracking of Workplace Injuries and Illnesses, Final rule," with the inclusion of all NAICS/employers to Appendix A in subpart E of this part.

E. Federal Register, Volume 84, No. 93, pages 21416-21598, dated May 14, 2019; "Standards Improvement Project - Phase IV; Final Rule."

F. Federal Register, Volume 84, No. 17, pp. 380-406, dated January 25, 2019: "Tracking of Workplace Injuries and Illnesses, Final rule," with the inclusion of all NAICS/employers to Appendix A in subpart E of this part.

G. Federal Register, Volume 88, No. 139, pp. 47254-47349, dated July 21, 2023: "Improve Tracking of Workplace Injuries and Illnesses, Final rule," with the inclusion of all NAICS/employers to Appendices A and B in subpart E of this part.

Subp. 2. Part 1910.

Part 1910: Occupational Safety and Health Standards as published in Volume 43, No. 206 of the Federal Register on October 24, 1978, and corrected in Volume 43, No. 216 on November 7, 1978, which incorporates changes, additions, deletions, and corrections made up to November 7, 1978; and subsequent changes as follows:

A. Federal Register, Volume 43:

B. Federal Register, Volume 44:

C. Federal Register, Volume 45:

D. Federal Register, Volume 46:

E. Federal Register, Volume 47:

F. Federal Register, Volume 48:

G. Federal Register, Volume 49:

H. Federal Register, Volume 50:

I. Federal Register, Volume 51:

J. Federal Register, Volume 52:

K. Federal Register, Volume 53:

L. Federal Register, Volume 54:

M. Federal Register, Volume 55:

N. Federal Register, Volume 56:

O. Federal Register, Volume 57:

P. Federal Register, Volume 58:

Q. Federal Register, Volume 59:

R. Federal Register, Volume 60:

S. Federal Register, Volume 61:

T. Federal Register, Volume 62:

U. Federal Register, Volume 63:

V. Federal Register, Volume 64:

W. Federal Register, Volume 65: No. 236, page 76563, dated December 7, 2000: "Occupational Exposure to Cotton Dust; Direct Final Rule; Request for Comments."

X. Federal Register, Volume 66:

Y. Federal Register, Volume 67, No. 216, pages 67950-67965, dated November 7, 2002: "Exit Routes, Emergency Action Plans, and Fire Prevention Plans; final rule."

Z. Federal Register, Volume 68, No. 250, pages 75776-75780, dated December 31, 2003: "Respiratory Protection for M. Tuberculosis; final rule; revocation."

AA. Federal Register, Volume 69:

BB. Federal Register, Volume 70:

CC. Federal Register, Volume 71:

DD. Federal Register, Volume 72:

EE. Federal Register, Volume 73:

FF. Federal Register, Volume 74:

GG. Federal Register, Volume 75:

HH. Federal Register, Volume 76:

II. Federal Register, Volume 77:

JJ. Federal Register, Volume 79, No. 70, pages 20315-20743, dated April 11, 2014: "Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Final Rule."

KK. Federal Register, Volume 81:

LL. Federal Register, Volume 82, No. 5, pp. 2470-2757, dated January 9, 2017: "Occupational Exposure to Beryllium; Final rule."

MM. Federal Register, Volume 84, No. 93, pages 21416-21598, dated May 14, 2019: "Standards Improvement Project - Phase IV; Final Rule."

NN. Federal Register, Volume 84, No. 187, pp. 50739-50756, dated September 26, 2019: "Additional Ambient Aerosol CNC Quantitative Fit Testing Protocols: Respiratory Protection Standard."

OO. Federal Register, Volume 83, No. 128, pages 31045-31046, dated July 3, 2018: "Revising the Beryllium Standard for General Industry."

PP. Federal Register, Volume 85, No. 135, pages. 42582-42628, dated July 14, 2020: "Revising the Beryllium Standard for General Industry."

QQ. Federal Register, Volume 86, No. 116, pages 32376-32628, dated June 21, 2021; "Occupational Exposure to COVID-19; Emergency Temporary Standard."

RR. Federal Register, Volume 86, No. 212, pages 61402-61555, dated November 5, 2021: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

SS. Federal Register, Volume 87, No. 17, pages 3928-3929, dated January 26, 2022: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

TT. Federal Register, Volume 86, No. 116, pages 32376-32628, dated June 21, 2021: "Occupational Exposure to COVID-19; Emergency Temporary Standard," with the exception of 1910.502 (c) to (p) and (s), 1910.504, 1910.505, and 1910.509.

UU. Federal Register, Volume 89, No. 98, pages 44144-44461, dated May 20, 2024: "Hazard Communication Standard."

VV. Federal Register, Volume 89, No. 196, pages 81829-81836, dated October 9, 2024: "Hazard Communication Standard."

Subp. 3. Part 1915.

Part 1915: Occupational Safety and Health Standards for Shipyard Employment as published in Volume 47, No. 76 of the Federal Register on April 20, 1982; all changes made prior to December 31, 1986, which consolidated Part 1915 and Part 1916; technical amendments and redesignations published in Volume 58, No. 125, of the Federal Register on July 1, 1993; and additional changes as follows:

A. Federal Register, Volume 51, No. 188, dated September 29, 1986; "Record Keeping Requirements for Tests, Inspections, and Maintenance Checks (1915.113 and 1915.172); Final Rule."

B. Federal Register, Volume 52, No. 163, pages 31852-31886, dated August 24, 1987; "Hazard Communication; Final Rule."

C. Federal Register, Volume 54, No. 30, pages 6886-6888, dated February 15, 1989; "Hazard Communication; Final Rule; Technical Amendments; Notice Regarding Enforcement."

D. Federal Register, Volume 57, No. 178, dated September 14, 1992: "Occupational Exposure to Cadmium (1915.1027); Final Rule."

E. Federal Register, Volume 57, No. 211, dated October 30, 1992: "Occupational Exposure to Cadmium (1915.1027); Approval of Information Collection Requirements."

F. Federal Register, Volume 58, No. 77, dated April 23, 1993, "Occupational Exposure to Cadmium; Corrections and Amendments to Final Rule."

G. Federal Register, Volume 59, No. 1, dated January 3, 1994, "Occupational Safety and Health Standards for Cadmium in Shipyard Employment and Construction; Final Rule; Miscellaneous Corrections and Technical Amendments."

H. Federal Register, Volume 59, No. 27, pages 6126-6184, dated February 9, 1994; "Hazard Communication; Final Rule," with the exception of 1910.1200 (b)(6)(xi) and (xii).

I. Federal Register, Volume 59, No. 137, dated July 19, 1994, "Retention of DOT Markings, Placards, and Labels (1915.100); Final Rule."

J. Federal Register, Volume 59, No. 141, dated July 25, 1994, "Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment; Final Rule."

K. Federal Register, Volume 59, No. 153, dated August 10, 1994, "Occupational Exposure to Asbestos (1915.1001); Final Rule."

L. Federal Register, Volume 59, No. 245, pages 65947-65948, dated December 22, 1994; Hazard Communication; Correction."

M. Federal Register, Volume 60, No. 34, dated February 21, 1995: "Occupational Exposure to Asbestos (1915.1001), Final Rule; Extension of Start-up Dates for Compliance."

N. Federal Register, Volume 60, No. 40, dated March 1, 1995: "Occupational Exposure to Asbestos (1915.1001), Correction."

O. Federal Register, Volume 60, No. 51, dated March 16, 1995: "Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment (1915.12, 1915.14, and 1915.15); Final Rule, Correction."

P. Federal Register, Volume 60, No. 124, dated June 28, 1995: "Occupational Exposure to Asbestos (1915.1001), Final Rule; Extension of Start-up Dates for Compliance."

Q. Federal Register, Volume 60, No. 125, dated June 29, 1995: "Occupational Exposure to Asbestos (1915.1001); Corrections to Final Rule."

R. Federal Register, Volume 60, No. 134, dated July 13, 1995: "Occupational Exposure to Asbestos (1915.1001); Corrections to Final Rule."

S. Federal Register, Volume 60, No. 189, dated September 29, 1995: "Occupational Exposure to Asbestos (1915.1001), Final Rule; Amendments."

T. Federal Register, Volume 61, No. 46, page 9228, dated March 7, 1996: "Miscellaneous Minor and Technical Amendments; Final Rule; Corrections and Technical Amendments."

U. Federal Register, Volume 61, No. 102, page 26322, dated May 24, 1996: "Personal Protective Equipment for Shipyard Employment (PPE); Final Rule."

V. Federal Register, Volume 61, No. 115, page 29957, dated June 13, 1996: "Personal Protective Equipment for Shipyard Employment (PPE); Final Rule; Corrections."

W. Federal Register, Volume 61, No. 120, page 31427, dated June 20, 1996: "Consolidation of Repetitive Provisions; Technical Amendments; Final Rule; Technical Amendments and Recodifications."

X. Federal Register, Volume 61, No. 165, page 43454, dated August 23, 1996: "Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite; Final Rule: corrections."

Y. Federal Register, Volume 61, No. 214, page 56746, dated November 4, 1996: "Occupational Exposure to 1,3-Butadiene; Final Rule."

Z. Federal Register, Volume 62, No. 7, page 1494, dated January 10, 1997: "Occupational Exposure to Methylene Chloride; Final Rule."

AA. Federal Register, Volume 62, No. 119, page 33547, dated June 20, 1997: "Personal Protective Equipment for Shipyard Employment; Effective Date and Office of Management and Budget Control Numbers Under Paperwork Reduction Act; Final Rule; amendment; announcement of effective date and OMB approval of information collection requirements."

BB. Federal Register, Volume 63, No. 53, page 13338, dated March 19, 1998: "Office of Management and Budget Control Numbers Under Paperwork Reduction Act for Miscellaneous General Industry, Shipyard Employment and Construction Industry Rules and Regulations; Final Rule; Amendments and Announcements of OMB Approval of Information Collection Requirements."

CC. Federal Register, Volume 63, No. 124, page 35137, dated June 29, 1998: "Occupational Exposure to Asbestos; Final Rule."

DD. Federal Register, Volume 63, No. 230, page 66238, dated December 1, 1998: "Powered Industrial Truck Operator Training; Final Rule."

EE. Federal Register, Volume 64, No. 80, page 22552, dated April 27, 1999: "Powered Industrial Truck Operator Training; Correction to Final Rule."

FF. Federal Register, Volume 67, No. 128, pages 44533-44546, dated July 3, 2002: "Occupational Safety and Health Standards for Shipyard Employment; final rule; technical amendments."

GG. Federal Register, Volume 69, No. 178, pages 55668-55708, dated September 15, 2004: "Fire Protection in Shipyard Employment; final rule."

HH. Federal Register, Volume 70, No. 3, pages 1112-1144, dated January 5, 2005: "Standards Improvement Project - Phase II; final rule."

II. Federal Register, Volume 71:

JJ. Federal Register, Volume 72, No. 1, pages 7-8, dated January 3, 2007: "Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment; final rule; confirmation of effective date."

KK. Federal Register, Volume 73, No. 240, pages 75567-75589, dated December, 12, 2008: "Clarification of Employer Duty to Provide Personal Protective Equipment and Train Each Employee; Final Rule."

LL. Federal Register, Volume 74, No. 173, pages 46350-46361, dated September 9, 2009: "Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment; Final rule."

MM. Federal Register, Volume 75:

NN. Federal Register, Volume 76:

OO. Federal Register, Volume 77:

PP. Federal Register, Volume 81, No. 58, pages 16286-16890, dated March 25, 2016: "Occupational Exposure to Respirable Crystalline Silica; Final Rule."

QQ. Federal Register, Volume 84, No. 93, pages 21416-21598, dated May 14, 2019: "Standards Improvement Project - Phase IV; Final Rule."

RR. Federal Register, Volume 82, No. 5, pp. 2470-2757, dated January 9, 2017: "Occupational Exposure to Beryllium."

SS. Federal Register, Volume 85, No. 169, pages 53910-53999, dated August 31, 2020: "Occupational Exposure to Beryllium and Beryllium Compounds in the Construction and Shipyard Sectors."

TT. Federal Register, Volume 86, No. 212, pages 61402-61555, dated November 5, 2021: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

UU. Federal Register, Volume 87, No. 17, pages 3928-3929, dated January 26, 2022: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

Subp. 4. Part 1917.

Part 1917: Safety and Health Standards for Marine Terminals as published in Volume 48, No. 129 of the Federal Register on July 5, 1983; and subsequent changes as follows:

A. Federal Register, Volume 52, No. 163, pages 31852-31886, dated August 24, 1987; "Hazard Communication; Final Rule."

B. Federal Register, Volume 52, No. 186, dated September 25, 1987; "Servicing of Single Piece and Multipiece Rim Wheels at Marine Terminals (1917.44); Final Rule."

C. Federal Register, Volume 52, No. 251, dated December 31, 1987; "Grain Handling Facilities (1917.1 and 1917.72-[removed]); Final Rule."

D. Federal Register, Volume 54, No. 30, pages 6886-6888, dated February 15, 1989; "Hazard Communication; Final Rule; Technical Amendments; Notice Regarding Enforcement."

E. Federal Register, Volume 59, No. 27, pages 6126-6184, dated February 9, 1994; "Hazard Communication; Final Rule," with the exception of 1910.1200 (b)(6)(xi) and (xii).

F. Federal Register, Volume 59, No. 137, dated July 19, 1994, "Retention of DOT Markings, Placards, and Labels (1917.29); Final Rule."

G. Federal Register, Volume 59, No. 245, pages 65947-65948, dated December 22, 1994; "Hazard Communication; Correction."

H. Federal Register, Volume 62, No. 143, page 40142, dated July 25, 1997: "Longshoring and Marine Terminals; Final Rule."

I. Federal Register, Volume 63, No. 230, page 66238, dated December 1, 1998: "Powered Industrial Truck Operator Training; Final Rule."

J. Federal Register, Volume 64, No. 80, page 22552, dated April 27, 1999: "Powered Industrial Truck Operator Training; Correction to Final Rule."

K. Federal Register, Volume 64, No. 166, page 46846, dated August 27, 1999: "Powered Industrial Truck Operator Training; Final Rule; Stay of Compliance Dates."

L. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

M. Federal Register, Volume 71, No. 39, pages 10110-10385, dated February 28, 2006: "Occupational Exposure to Hexavalent Chromium; final rule."

N. Federal Register, Volume 73:

O. Federal Register, Volume 74, No. 173, pages 46350-46361, dated September 9, 2009: "Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment; Final rule."

P. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

Q. Federal Register, Volume 77:

R. Federal Register, Volume 86, No. 212, pages 61402-61555, dated November 5, 2021: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

S. Federal Register, Volume 87, No. 17, pages 3928-3929, dated January 26, 2022: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

Subp. 5. Part 1918.

Part 1918: Safety and Health Regulations for Longshoring as published in Part II, Volume 39, No. 119 of the Federal Register on June 19, 1974, incorporating changes, additions, deletions and corrections made up to June 3, 1974; and subsequent changes as follows:

A. Federal Register, Volume 42, No. 141, dated 7/22/77; "Commercial Diving Operations, adding 1918.99."

B. Federal Register, Volume 52, No. 163, pages 31852-31886, dated August 24, 1987; "Hazard Communication; Final Rule."

C. Federal Register, Volume 43, No. 88, dated 5/5/78; "Occupational Exposure to Benzene; supersedes standards in Part 1918."

D. Federal Register, Volume 54, No. 30, pages 6886-6888, dated February 15, 1989; "Hazard Communication; Final Rule; Technical Amendments; Notice Regarding Enforcement."

E. Federal Register, Volume 59, No. 27, pages 6126-6184, dated February 9, 1994; "Hazard Communication; Final Rule," with the exception of 1910.1200 (b)(6)(xi) and (xii).

F. Federal Register, Volume 59, No. 137, dated July 19, 1994, "Retention of DOT Markings, Placards, and Labels (1918.100); Final Rule."

G. Federal Register, Volume 59, No. 245, pages 65947-65948, dated December 22, 1994; "Hazard Communication; Correction."

H. Federal Register, Volume 62, No. 143, page 40142, dated July 25, 1997: "Longshoring and Marine Terminals; Final Rule."

I. Federal Register, Volume 63, No. 230, page 66238, dated December 1, 1998: "Powered Industrial Truck Operator Training; Final Rule."

J. Federal Register, Volume 64, No. 80, page 22552, dated April 27, 1999: "Powered Industrial Truck Operator Training; Correction to Final Rule."

K. Federal Register, Volume 64, No. 166, page 46846, dated August 27, 1999: "Powered Industrial Truck Operator Training; Final Rule; Stay of Compliance Dates."

L. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

M. Federal Register, Volume 71, No. 39, pages 10110-10385, dated February 28, 2006: "Occupational Exposure to Hexavalent Chromium; final rule."

N. Federal Register, Volume 73:

O. Federal Register, Volume 74, No. 173, pages 46350-46361, dated September 9, 2009: "Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment; Final rule."

P. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

Q. Federal Register, Volume 77:

R. Federal Register, Volume 86, No. 212, pages 61402-61555, dated November 5, 2021: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

S. Federal Register, Volume 87, No. 17, pages 3928-3929, dated January 26, 2022: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

Subp. 6. Part 1926.

Part 1926: Construction Safety and Health Regulations as published in Part VII, Volume 44, No. 29 of the Federal Register on February 9, 1979, which incorporates changes, additions, deletions, and corrections made up to October 17, 1978, the incorporation and redesignation of the regulatory text of the General Industry Occupational Safety and Health Standards (29 CFR Part 1910) that have been identified as applicable to construction work as published in the Federal Register, Volume 58, No. 124, dated June 30, 1993, and corrected in Volume 58, No. 143, dated July 28, 1993; and additional changes as follows:

A. Federal Register, Volume 45, No. 222, dated 11/14/80; "Guarding Low-Pitched Roof Perimeters During Performance of Built-Up Roofing Work."

B. Federal Register, Volume 51:

C. Federal Register, Volume 52:

D. Federal Register, Volume 53:

E. Federal Register, Volume 54:

F. Federal Register, Volume 55:

G. Federal Register, Volume 56:

H. Federal Register, Volume 57:

I. Federal Register, Volume 58:

J. Federal Register, Volume 59:

K. Federal Register, Volume 60:

L. Federal Register, Volume 61;

M. Federal Register, Volume 62, No. 7, page 1494, dated January 10, 1997: "Occupational Exposure to Methylene Chloride; Final Rule."

N. Federal Register, Volume 63:

O. Federal Register, Volume 64:

P. Federal Register, Volume 66:

Q. Federal Register, Volume 67, No. 177, pages 57722-57736, dated September 12, 2002: "Safety Standards for Signs, Signals, and Barricades; final rule."

R. Federal Register, Volume 69, No. 110, pages 31880-31882, dated June 8, 2004: "Mechanical Power-Transmission Apparatus; Mechanical Power Presses; Telecommunications; Hydrogen; final rule; technical amendments."

S. Federal Register, Volume 70:

T. Federal Register, Volume 71:

U. Federal Register, Volume 73, No. 240, pages 75567-75589, dated December 12, 2008: "Clarification of Employer Duty to Provide Personal Protective Equipment and Train Each Employee; Final Rule."

V. Federal Register, Volume 75:

W. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

X. Federal Register, Volume 77:

Y. Federal Register, Volume 78:

Z. Federal Register, Volume 79:

AA. Federal Register, Volume 80, No. 85, pages 25366-25526, dated May 4, 2015: "Confined Spaces in Construction; Final Rule."

BB. Federal Register, Volume 81, No. 58, pages 16286-16890, dated March 25, 2016: "Occupational Exposure to Respirable Crystalline Silica; Final Rule."

CC. Federal Register, Volume 83, No. 218, pages 56198-56247, dated November 9, 2018: "Cranes and Derricks in Construction; Operator Qualification; Final Rule."

DD. Federal Register, Volume 84, No. 93, pages 21416-21598, dated May 14, 2019: "Standards Improvement Project - Phase IV; Final Rule."

EE. Federal Register, Volume 82, No. 5, pp. 2470-2757, dated January 9, 2017: "Occupational Exposure to Beryllium."

FF. Federal Register, Volume 85, No. 169, pages 53910-53999, dated August 31, 2020: "Occupational Exposure to Beryllium and Beryllium Compounds in the Construction and Shipyard Sectors."

GG. Federal Register, Volume 85, No. 179, pages 57109-57122, dated September 15, 2020: "Cranes and Derricks in Construction: Railroad Roadway Work."

HH. Federal Register, Volume 86, No. 212, pages 61402-61555, dated November 5, 2021: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

II. Federal Register, Volume 87, No. 17, pages 3928-3929, dated January 26, 2022: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

JJ. Federal Register, Volume 89, No. 239, pages 100321-100346, dated December 12, 2024: "Personal Protective Equipment in Construction."

Subp. 7. Part 1928.

Part 1928: Occupational Safety and Health Standards for Agriculture as published in Part II, Volume 40, No. 81 of the Federal Register on April 25, 1975, and subsequent changes as follows:

A. Federal Register, Volume 41, No. 206, dated 11/22/76; "Nonsubstantive changes to guarding of farm field equipment."

B. Federal Register, Volume 42:

C. Federal Register, Volume 43:

D. Federal Register, Volume 52, No. 84, dated May 1, 1987; "Field Sanitation, Final Rule (29 CFR 1928.110)."

E. Federal Register, Volume 52, No. 163, pages 31852-31886, dated August 24, 1987; "Hazard Communication; Final Rule."

F. Federal Register, Volume 53, No. 185, dated September 23, 1988; "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite; Corrections to September 14, 1988 Federal Register notice."

G. Federal Register, Volume 54, No. 30, pages 6886-6888, dated February 15, 1989; "Hazard Communication; Final Rule; Technical Amendments; Notice Regarding Enforcement."

H. Federal Register, Volume 58, No. 77, dated April 23, 1993, "Occupational Exposure to Cadmium (1928.1027)."

I. Federal Register, Volume 59, No. 27, pages 6126-6184, dated February 9, 1994; "Hazard Communication; Final Rule," with the exception of 1910.1200 (b)(6)(xi) and (xii).

J. Federal Register, Volume 59, No. 137, dated July 19, 1994, "Retention of DOT Markings, Placards, and Labels (1928.21); Final Rule."

K. Federal Register, Volume 59, No. 196, dated October 12, 1994, "Logging Operations, Final Rule (1928.21(a)(3))."

L. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

M. Federal Register, Volume 70, No. 249, pages 76979-77025, dated December 29, 2005: "Roll-Over Protective Structures; direct final rule."

N. Federal Register, Volume 71:

O. Federal Register, Volume 76, No. 110, pages 33590-33612, dated June 8, 2011: "Standards Improvement Project - Phase III."

P. Federal Register, Volume 86, No. 212, pages 61402-61555, dated November 5, 2021: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

Q. Federal Register, Volume 87, No. 17, pages 3928-3929, dated January 26, 2022: "COVID-19 Vaccination and Testing; Emergency Temporary Standard."

History

Statutory Authority: MS s 14.386; 182.655
History: 7 SR 1706; 8 SR 172; 8 SR 1743; 9 SR 112; 9 SR 663; 9 SR 2585; 10 SR 1507; 10 SR 2418; 11 SR 867; 11 SR 1792; 12 SR 411; 12 SR 634; 12 SR 1618; 12 SR 2622; 13 SR 577; 13 SR 1918; 13 SR 2685; 14 SR 216; 14 SR 1177; 14 SR 2130; 15 SR 124; 15 SR 1122; 15 SR 1876; 16 SR 441; 16 SR 2054; 16 SR 2617; 17 SR 228; 17 SR 1273; 17 SR 2106; 18 SR 1065; 19 SR 187; 19 SR 887; 19 SR 1459; 19 SR 1900; 20 SR 197; 20 SR 1040; 20 SR 2122; 21 SR 202; 21 SR 805; 21 SR 1338; 21 SR 1897; 22 SR 1162; 22 SR 2014; 23 SR 813; 23 SR 1541; 23 SR 2132; 24 SR 274; 24 SR 1211; 26 SR 490; 26 SR 701; 27 SR 766; 27 SR 1409; 28 SR 609; 28 SR 1512; 29 SR 762; 29 SR 1451; 30 SR 880; 30 SR 1319; 31 SR 1138; 32 SR 18; 33 SR 253; 33 SR 1966; 34 SR 1208; 35 SR 801; 35 SR 1199; 36 SR 567; 37 SR 364; 37 SR 1807; 38 SR 610; 39 SR 418; 39 SR 1347; 40 SR 750; 41 SR 391; 42 SR 127; 42 SR 1462; 44 SR 538; 45 SR 39; 45 SR 827; 46 SR 31; 46 SR 789; 46 SR 926; 47 SR 475; 48 SR 559; 49 SR 461; 50 SR 391

Minn. R. 5205.0015 Application of Rules

Chapter 5205 applies only to general industry locations. Chapter 5207 applies only to construction locations. Chapters 5206, 5208, and 5210 apply to both general industry and construction locations.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 23 SR 2060

Minn. R. 5205.0020 Head Protection

Employees working in areas where there is danger of scalp injury if the employee's hair should become entangled in moving machinery parts shall be protected by having their hair contained or secured in a shop cap, snood, or similar device.

History

Statutory Authority: MS s 182.655

Minn. R. 5205.0030 High Visibility Personal Protective Equipment

Subpart 1. General requirement.

Each employee, other than police and fire protection personnel covered by subpart 3, exposed to or working adjacent to moving motor vehicle traffic as part of the employee's assigned job shall be provided with and required to wear a high visibility warning vest or other high visibility garment. A high visibility garment is defined as being a Performance Class 2 garment or greater as specified by ANSI/ISEA Standard 107-2004. Some smaller garments may not meet the background material specifications for Performance Class 2 as defined in ANSI/ISEA 107-2004. In these cases, the garment must be rated by the manufacturer as greater than or exceeding Performance Class 1 requirements.

Subp. 1a. Maintenance of garments.

If the high visibility personal protective equipment becomes faded, torn, dirty, worn, or defaced, reducing the equipment's performance below manufacturer's recommendations, the high visibility personal protective equipment shall be immediately removed from service and replaced.

Subp. 2. Exception.

Where permanent or semipermanent barricades designed to stop or deflect vehicle traffic upon impact are in place to protect employees from moving motor vehicles, employees are not required to wear high visibility personal protective equipment while working inside these protected areas.

Subp. 3. Law enforcement, emergency medical technician, and fire protection personnel.

Law enforcement and emergency medical technician personnel shall be provided with, and be required to wear a high visibility outer garment any time the personnel are engaged in vehicular traffic control. For fire protection personnel, compliance with NFPA No. 1971 is acceptable.

Subp. 4. Electrical work.

For work within the flash protection boundary as defined by NFPA 70E, high visibility garments constructed of material that complies with NFPA 70E shall be worn.

Subp. 5.

[Repealed, 31 SR 517]

History

Statutory Authority: MS s 182.655
History: 25 SR 1241; 31 SR 517; 40 SR 750

History

Statutory Authority: MS s 182.655; 182.657
History: 12 SR 634; 21 SR 1897

Minn. R. 5205.0105 Vent Pipe Outlets

Vent pipe outlets for hazardous substances, as defined by part 5206.0100, subpart 7, under pressure, including ammonia and refrigerant compressor systems, shall be so located that the discharge is released at a point outside of the building where it will not reenter the building or work area.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0110 Indoor Ventilation and Temperature in Places of Employment

Subpart 1. Air flow and circulation.

Air shall be provided and distributed in all indoor places of employment as required in this part, unless prohibited by process requirements.

Outdoor air shall be provided to all indoor places of employment at the rate of 15 cubic feet per minute per person.

Air circulated in any indoor place of employment shall be supplied through air inlets arranged, located, and equipped so that the workers shall not be subjected to air velocities exceeding 200 feet per minute except under special circumstances specified in this part or where approved by the Department of Labor and Industry.

Subp. 2.

[Repealed, 21 SR 1897]

Subp. 2. Heat conditions.

The requirements of this subpart cover employee exposure to indoor environmental heat conditions.

A. The following definitions apply when assessing and controlling health hazards associated with indoor climate.

B. Employees shall not be exposed to indoor environmental heat conditions in excess of the values listed in Table 1. The values in Table 1 apply to fully clothed acclimatized workers. TABLE 1. Two-hour time-weighted average permissible heat exposure limits.

C. Employees with exposure to heat shall be provided training according to part 5206.0700, subparts 1 and 3.

Subp. 3. Cold conditions.

The requirements of this subpart cover employee exposure to indoor environmental cold conditions. The definitions in subpart 2 apply to this subpart.

A. Indoor places of employment shall maintain a minimum air temperature of 60 degrees Fahrenheit where heavy work is performed, unless prohibited by process requirements.

B. Indoor places of employment shall maintain a minimum air temperature of 65 degrees Fahrenheit where light to moderate work is performed, unless prohibited by process requirements.

Subp. 4. Recirculated air.

Air from any exhaust system handling materials listed in Code of Federal Regulations, title 29, part 1910, subpart Z, shall not be recirculated without written permission from the Department of Labor and Industry.

Subp. 5. Definitions.

For the purposes of this part, the following definitions apply.

A. "Indoor" means any space between a floor and a ceiling that is bound on all sides by walls. A wall includes any door, window, retractable divider, garage door, or other physical barrier that is temporary or permanent, whether open or closed.

B. "Place of employment" has the meaning given in Minnesota Statutes, section 182.651, subdivision 10.

History

Statutory Authority: MS s 182.655; 182.657
History: 12 SR 634; 21 SR 1897; 39 SR 418

Minn. R. 5205.0115 Gas Fired Machines and Appliances

The flame of the gas pilot, burner, or burners in gas fired units, except process heaters in refineries and top burners on domestic kitchen type stoves, shall be protected by a quick acting, flame sensitive safeguard that will automatically shut off the fuel supply in case of pilot or burner failure.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0116 Carbon Monoxide Monitoring

Subpart 1. Internal combustion engine powered industrial trucks.

The employer shall monitor environmental exposure of employees to carbon monoxide whenever internal combustion engine powered industrial trucks as defined in Code of Federal Regulations, title 29, section 1910.178(a)(1), are operated indoors to ensure that carbon monoxide levels do not exceed 35 parts per million as an eight-hour time-weighted average and 200 parts per million as a five-minute ceiling average. The air monitoring shall be done at least quarterly and represent exposures during a day of highest usage in the areas where employee carbon monoxide exposure is most likely.

Subp. 2. Tailpipe exhaust gas analysis.

The employer shall ensure that powered industrial truck engine exhaust gases do not contain more than one percent carbon monoxide for propane fueled trucks or two percent carbon monoxide for gasoline fueled trucks measured at idle and at three-fourths throttle during final engine tuning in a regular maintenance program.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754; 21 SR 1897; 39 SR 418

Minn. R. 5205.0120 Minimum Levels of Illumination

Subpart 1. For traversed spaces.

Illumination by daylight or artificial light shall be supplied for traversed spaces, such as hallways, roadways, etc., during working hours, and for work when attended by operators. Minimum levels of illumination, as listed in the following table, are required in all places of employment in Minnesota. Values greater than these minima shall be used when ordered by the Occupational Safety and Health Division.

Illumination on Traversed Spaces

Subp. 2. At the working place.

Illumination at the Work

The preceding table gives the range of minimum illumination values that are considered desirable for different classes of work. These values are based upon practice established through years of experience. Elderly persons or persons with defective eyesight require more light than do those having perfect vision. A range of footcandle values is given for each group of operations. In modern practice it will usually be found desirable to select values in or even beyond the upper portion of the range.

It is recognized that any specific process when carried on in different factories is performed with different degrees of fineness and with other variations, so that one factory may need more illumination than another for the same class of work. In the table, ranges of footcandle values are given to correspond to the variations actually existing in practice. Attention is called to the fact that the values in the table are operating values, that is, they apply to measurements of the lighting system in ordinary use, not simply when the lamps and reflectors are new and clean.

History

Statutory Authority: MS s 182.657

Minn. R. 5205.0130 Diffusion and Distribution of Light

Subpart 1. Requirement.

Lighting, whether natural or artificial, shall be such as to provide good distribution of light and to avoid glare and objectional shadows and extreme contrasts. In artificial lighting, lamps shall be so installed in regard to their height, location, and spacing and shall be so equipped with reflectors, shades, or other suitable accessories as to accomplish these objects.

Subp. 2. Glare.

Bare light sources, such as exposed lamp filaments, located within the ordinary field of the worker's vision are presumptive evidence of glare. The principal causes of glare are:

A. the light source may be too bright; that is, it may have too high a candlepower per square inch of area;

B. the light source may be too powerful for comfort; that is, it may have too great a total candlepower in the direction of the eye;

C. a given light source may be located at too short a distance from the eye or it may lie too near the center of the field of vision for comfort; that is, within too small an angle from the ordinary line of sight;

D. the contrast between the light source and its darker surroundings may be too great;

E. the time of exposure may be too great; that is, the eye may be subjected to the strain caused by a light source of given strength within the field of vision for too long a time. Glare from natural lighting may frequently be reduced by the use of refracting or diffusing glass in windows and skylights, and by the rearrangement of machines and benches so that operators are not required to face windows.

History

Statutory Authority: MS s 182.657

Minn. R. 5205.0140 Exit and Emergency Lighting

Subpart 1. Stairway and exit lighting.

The lighting to be provided in all important stairways and all exits from work places and in the passageways related thereto shall be so supplied that it will not be subject to failure of the room or workspace lighting from internal causes. In artificial illumination, the service for exit and emergency lighting shall preferably be from an independent connection or connections extending back to the main service entrance.

Subp. 2. Separate supply source.

In cases of unusual danger which may exist on account of the type of building or nature of the work, crowded conditions, or lack of suitable exit space, an independent service shall be assured by connecting to a separate source of supply without or within the building. During the hours of occupancy when daylight is lacking, this separate source of supply shall be connected so as to function continuously or to come on automatically upon failure of the regular lighting service.

History

Statutory Authority: MS s 182.655; 182.657
History: 12 SR 634

Minn. R. 5205.0150 Maintaining the Level of Illumination

Subpart 1. Regular maintenance system.

The proper maintenance of equipment for both natural and artificial lighting is essential. Systems which are adequate when first installed will soon deteriorate unless properly maintained. For continued effectiveness and economy in lighting, the factory owner shall establish a regular definite system of maintenance so that skylights, side windows, lamps, and accessories are at all times kept clean, in proper adjustment, and in good repair. Means for easy access to all lighting units shall be provided for employees in charge of their maintenance. Walls and ceilings shall be repainted at regular intervals and preferably in light tones. This is especially true where systems of indirect lighting are used.

Subp. 2. Measuring equipment.

Especially in connection with the maintenance of lighting systems, attention is called to the desirability of having available in the factory an instrument with which the footcandles of illumination received at any point can be measured. One instrument, the footcandle meter, while not designed for precise measurement, has a wide field of usefulness because, with a little practice, determinations are easily made and are accurate enough for most practical purposes. The footcandle meter is small, light in weight, and entirely self-contained. Illumination is read directly from the scale without computation or manipulation.

By measuring light actually delivered to the work, the footcandle meter automatically reveals the combined effect of all possible causes of deterioration. Ignorance of the magnitude of deterioration has often been the cause of inadequate maintenance.

History

Statutory Authority: MS s 182.657

Minn. R. 5205.0160 [Repealed, 12 SR 634]

[Repealed, 12 SR 634]

Minn. R. 5205.0170 [Repealed, 12 SR 634]

[Repealed, 12 SR 634]

Minn. R. 5205.0180 [Repealed, 12 SR 634]

[Repealed, 12 SR 634]

Minn. R. 5205.0200 Garage Ventilation

Subpart 1. Scope.

Ventilation shall be provided for all repair garages, service stations, body shops, and all live storage garages, housing six or more vehicles driven by internal combustion engines. A live storage area is any area within a building used for the storage of fire trucks, tractors, automobiles, trucks, and other self-propelled vehicles driven in and out under their own power.

Subp. 2. Size of general ventilation system.

The ventilation system shall be capable of removing a volume of air not less than three-fourths cubic foot per minute per square foot of floor area in garages and not less than one-half cubic foot per minute per square foot of floor area in service stations. Exhaust ducts shall not be more than 18 inches from the floor, so placed as to remove carbon monoxide gas from the entire garage. An equal amount of tempered fresh supply air shall be provided.

Subp. 3. Size of vehicle exhaust pipe ventilation system.

In addition to general ventilation requirements, exhaust gases from the internal combustion engines being tested shall be discharged to the outdoors through a duct or flexible hose of noncombustible material of suitable size attached as an extension to the exhaust pipe. Repair stalls may be located adjacent to an outside wall so that ten feet or less of extension duct will reach the outdoors through openings not more than one foot above floor level. If repair stalls are not so located, each stall shall be provided with a suitable exhaust extension duct or flexible hose that is or can be connected to a mechanical exhaust system and to the exhaust pipe of the vehicle. The mechanical exhaust system shall have a capacity in accordance with the following table:

Subp. 4. Inspection and repair pits.

Inspection and repair pits shall be provided with a ventilating system capable of assuring one complete air change every five minutes (12 air changes per hour). The exhaust air inlet opening or openings shall terminate in a grille that shall be perpendicular to the floor. The bottom of the ventilation openings shall extend to the floor at the lowest point or points of the pit.

History

Statutory Authority: MS s 182.655; 182.657
History: 12 SR 634

Any steam boiler with a safety valve set to permit a pressure exceeding 15 pounds shall be considered a high-pressure steam boiler.

Subp. 3. Safety valves.

Safety valves shall not discharge within seven feet of floor, platform, ground, or boiler top, across a passageway or foot-walk or in such a way as to endanger persons operating stop valves. The arrangement of piping must not be such as to create a back pressure on the safety valve.

Subp. 4. Boiler blowoffs.

Open blowoffs shall not discharge within seven feet of floor, platform, or ground, across a passageway.

Subp. 5. Exits from boiler room.

Safe exit from all parts of boiler room shall be provided by at least two stairways, ladders permanently fastened in place, or other means of exit.

Subp. 6. Boiler valve locks.

An effective valve locking device is one which will prevent any motion of the valve stem, and which is so attached to the valve that it cannot be removed. When two or more boilers are connected to a common steam, feedwater, or blowoff line, at least one controlling valve in the connection from each boiler to each such common steam, feed-water, or blowoff line shall be equipped with an effective valve locking device; and whenever a person is working in any boiler of a battery, the steam, feed-water and blowoff valves shall be closed and locked.

Subp. 7. Nonreturn valves.

A nonreturn valve is one which will automatically close and prevent steam from the main line from flowing back into the boiler if the pressure in the latter should fall below that in the steam line. Where two or more boilers are connected to one steam line, a nonreturn valve shall be provided in the main steam connection of each boiler, either in addition to or combined with the regular stop valve.

History

Statutory Authority: MS s 182.657

[Repealed, 23 SR 2051]

Subp. 2.

[Repealed, 23 SR 2051]

Subp. 3.

[Repealed, 23 SR 2051]

Subp. 4.

[Repealed, 23 SR 2051]

Subp. 5.

[Repealed, 23 SR 2051]

Subp. 6.

[Repealed, 23 SR 2051]

Subp. 7.

[Repealed, 23 SR 2051]

Subp. 8.

[Repealed, 23 SR 2051]

Subp. 9.

[Repealed, 23 SR 2051]

Subp. 10.

[Repealed, 23 SR 2051]

Subp. 11.

[Repealed, 23 SR 2051]

Subp. 12.

[Repealed, 23 SR 2051]

Subp. 13.

[Repealed, 23 SR 2051]

Subp. 14.

[Repealed, 23 SR 2051]

Subp. 15.

[Repealed, 12 SR 634]

Subp. 16.

[Repealed, 23 SR 2051]

Subp. 17.

[Repealed, 23 SR 2051]

Subp. 18.

[Repealed, 23 SR 2051]

Subp. 19.

[Repealed, 12 SR 634]

Subp. 20.

[Repealed, 23 SR 2051]

Subp. 21.

[Repealed, 23 SR 2051]

Subp. 22.

[Repealed, 23 SR 2051]

Subp. 23.

[Repealed, 23 SR 2051]

Subp. 24.

[Repealed, 23 SR 2051]

Subp. 25.

[Repealed, 23 SR 2051]

Subp. 26.

[Repealed, 23 SR 2051]

Minn. R. 5205.0470 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 5205.0480 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 5205.0490 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 5205.0550 Installation Limitations

Subject to the approval of the Department of Labor and Industry, manlifts may be installed in buildings where such manlifts are not accessible to the public and where their installation and use are safe. Such manlifts shall comply with the safety requirements set out in this part:

A. The use of manlifts shall be restricted to employees and authorized persons who are trained in their use. New employees shall be individually and properly instructed in the use of manlifts.

B. The area adjoining the floor opening shall be kept clear and adequately lighted at all times.

C. Signs shall be posted at a conspicuous position on each landing, at approximately eye level, indicating "Authorized Personnel Only."

History

Statutory Authority: MS s 182.655

Minn. R. 5205.0560 Inspection

Before final approval, an inspection of each new or relocated manlift shall be made by the Department of Labor and Industry.

History

Statutory Authority: MS s 182.655

Minn. R. 5205.0570 Types of Manlifts

Manlifts may be of the following types: hand-powered platform passenger type manlifts or special purpose personnel elevators.

History

Statutory Authority: MS s 182.655

Minn. R. 5205.0580 [Repealed, 40 SR 1646]

[Repealed, 40 SR 1646]

Minn. R. 5205.0590 [Repealed, 23 SR 2051]

[Repealed, 23 SR 2051]

Minn. R. 5205.0650 Scope

Parts 5205.0650 to 5205.0720 apply to building and in plant maintenance and repair necessary to maintain buildings and equipment in safe operating condition.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 36 SR 874

Minn. R. 5205.0660 Maintenance Goals

Subpart 1. Building maintenance.

Buildings shall be maintained to assure that no loose parts or equipment including, but not limited to, bricks, mortar, glass, wood, or cement parts can fall in passage or work areas occupied by employees.

Subp. 2. Walkway maintenance.

Catwalks, platforms, walkways, and stairways shall be maintained in a condition free from the hazards associated with ice, snow, overhanging ice or snow, holes, loose members, or badly deteriorated or corroded members.

Subp. 3. Asbestos.

Exposed friable asbestos containing materials on ceilings, beams, pipes, boilers, tanks, and similar areas shall be repaired, replaced, removed, enclosed, or encapsulated. Precautions shall be taken to protect employees as required by Code of Federal Regulations, title 29, section 1910.1001 or 1926.1101.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 21 SR 1897

Minn. R. 5205.0665 Electrical Requirements

Exposed noncurrent carrying metal parts of cord and plug connected equipment that may become energized shall be grounded if used near wet or conductive equipment, materials, or locations.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0670 Blocking and Cribbing Machinery

Heavy machinery, equipment, or parts thereof which are suspended or held aloft by slings, cables, chains, jacks, or hoists shall be blocked or cribbed to prevent falling or shifting before employees are permitted to work under or between the members of the equipment.

Elevated bulldozer and scraper blades, power crane booms, end loader buckets, dump truck boxes, and similar equipment shall be fully lowered or adequately blocked or cribbed before being serviced or repaired.

History

Statutory Authority: MS s 182.655

Minn. R. 5205.0675 Covers and Overhead Doors

Subpart 1. Covers.

All covers of sufficient weight or pressure to cause crushing injury to employees in the event of their powered or unpowered closure shall be fastened, secured, or blocked to prevent their closing while employees may be in the path of travel during closure.

Subp. 2. Overhead doors.

All overhead or sliding doors with sufficient weight or closing force to cause crushing injury to employees shall be provided with a constant pressure closing switch, safety edge, pressure relief mechanism, or three button control station meeting the specifications of Underwriters' Laboratories Standard UL 325 (1987) "Standard for Door, Drapery, Gate, Louver, and Window Operators and Systems," paragraph 29.1C.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754; 21 SR 1897

Minn. R. 5205.0680 [Repealed, 14 SR 2130]

[Repealed, 14 SR 2130]

Minn. R. 5205.0685 Knives and Cutting Tools

Knives and cutting tools shall be kept in sheaths or holders made for the purpose when those tools are not in use.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0686 Pressure Hoses

All hand held pressure hoses and nozzles that could cause injury when the hose or nozzle is not being held, including air, water, hot water and steam, and all high temperature hoses or nozzles including hot water and steam, shall have a constant pressure control.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0690 Lubrication of Moving Machinery

Machinery or equipment shall be shut down during manual lubrication unless access to lubrication fittings is safeguarded or is located far enough away from moving parts that employees cannot contact them.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0700 Wire Rope Clips

Subpart 1. Location of U-bolts.

Wire rope clips attached with U-bolts shall have the U-bolts on the dead or short end of the rope.

Subp. 2. Clip construction.

Clips shall be made of drop forged steel. All nuts on the clip bolts of a newly installed rope shall be retightened after the first hour of service.

Subp. 3. Clip spacing.

Spacing and number of clips shall be in accordance with the table below:

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0710 Alteration of Tools and Equipment

All tools and equipment, whether powered or manually operated, shall be used only for their intended purpose. Tools and equipment shall not be altered, modified, or used for other than their intended purpose without the manufacturer's written approval or unless under the direction of a competent person in accordance with accepted engineering requirements to prevent creating an additional hazard.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5205.0720 Thermoplastic Piping (pvc Pipe)

PVC piping shall be used only for its intended purpose and shall not be used for the transport of compressed air without the manufacturer's written approval unless completely enclosed in a conduit or casing of sufficient strength to provide protection from external damage and deterioration.

History

Statutory Authority: MS s 182.655
History: 33 SR 772

Minn. R. 5205.0730 Window Cleaning; Building Maintenance

Subpart 1. Scope.

This standard applies to all window cleaning operation, building maintenance operation, or a combination of both, that is performed on the inside or outside of any building, structure, or skyway, when the work is performed at a level that is suspended more than 14 feet above grade or on an adjoining flat roof or other flat surface. This requirement does not apply to a window washing operation or building maintenance operation that is performed from grade level or from a ladder supported at grade.

Subp. 2. Definitions.

The terms used in this part have the meanings given them in this subpart.

A. "Building maintenance" means operations such as window cleaning, caulking, metal polishing, reglazing, and general maintenance on building surfaces.

B. "Building owner" means a person who exercises control over any management relating to a building or facility, or both, in which window cleaning operations or maintenance operations covered by this standard take place.

C. "Competent person" means an experienced and trained individual who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate the hazards.

D. "Lifeline" means a flexible line for connection to an anchorage at one end to hang vertically (vertical lifeline), or for connection to anchorages at both ends to stretch horizontally (horizontal lifeline), and which serves as a means for connecting other components of a personal fall-arrest system to the anchorage.

E. "Person" means an individual or legal entity, including a lessee.

F. "Qualified individual" means an individual who, by possession of a recognized degree, certificate, or professional standing, and who by extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the equipment and systems pertaining to the work or project, and the development of plans for the work or project.

G. "Rope descent system" means an assembly of components that supports one employee in a chair or seat board and allows the user to descend in a controlled manner and to stop at any time at a desired level of descent. A rope descent system is a variation of the single-point adjustable suspension scaffold, which is also known as a controlled descent device, controlled descent equipment, or controlled descent apparatus.

H. "Window cleaning" means operations such as window washing, window restoration, window scraping, window sealing, waxing, or metal polishing, or any combination of the six.

Subp. 3. Written plan.

Any person performing window cleaning operations or building maintenance operations shall provide a written plan developed by the employer or qualified individual before the work begins. The written plan shall be reviewed with the employees doing the work and the building owner or the building owner's operating agent. The written plan shall include the following:

A. the location of work where workers may utilize suspended equipment, and where workers are exposed to falls and other known hazards;

B. the identification of hazardous areas or drop zones, and safety features to be used, which shall include self-rescue;

C. a step-by-step procedure on the control of each hazardous area or drop zone; and

D. an on-site evaluation of the plan implementation by the employer or a qualified individual.

Subp. 4. Building exterior; visual inspection.

Prior to using any equipment, the building exterior shall be visually inspected by a competent person and appropriate measures shall be taken to ensure that building features such as sharp edges of parapets, window frames, ledges, cornices, or overhangs cannot impair the structural integrity of the rope descent system, or other suspension equipment, and any associated fall-protection rigging. Padding shall be secured in a manner that prevents the padding from dislodging from the surface to be protected. A written signed log of the inspection shall be maintained on site for the duration of the operation and retained by the employer for one year.

Subp. 5. Anchorages.

A qualified individual shall determine that there are identified and certified anchorages for:

A. independent safety lines; tiebacks for outriggers, parapet clamps, and cornice hooks; and powered and manual boatswain's chairs;

B. descent systems; and

C. lifelines. The building owner or its representative shall provide written documentation of the identified and certified anchorages to window cleaning contractors and building maintenance contractors. Building owners shall not allow suspended work to be performed at their facility, and window cleaning contractors and building maintenance contractors shall not perform suspended work at a facility, until a qualified individual has determined that there are identified and certified anchorages for items A to C.

Subp. 6. Rope descent systems.

A. The use of a rope descent system is prohibited for heights greater than 300 feet unless the qualified individual can demonstrate that access cannot otherwise be attained safely and practicably.

B. When a rope descent system is used, each employer and competent person shall:

Subp. 7. Fall protection.

A. Fall protection, perimeter guarding, personal fall-arrest systems, or personal fall-restraint systems shall be provided by the employer for every employee in all work areas that expose the employee to a fall hazard.

B. Each employee using a rope descent system shall be protected from falling four feet or more to lower levels by a personal fall-arrest system.

C. Employees shall wear and completely assemble their personal fall-arrest equipment, and be securely tied back prior to approaching the point of suspension.

Subp. 8. Training requirements.

A. The employer shall provide training for each employee who uses personal fall-protection equipment. The training shall enable each employee to recognize fall hazards and the procedures to be followed to minimize those hazards.

B. The employer shall ensure that each employee is trained by a qualified individual or competent person. The employee shall be trained in the following areas:

C. The employer shall ensure that each employee is trained in the proper care, use, and inspection of equipment covered by this part before the employee is permitted to use the equipment.

D. The employer shall ensure that each employee who uses a rope descent system is trained and retrained as necessary in the proper rigging and safe use of the equipment.

E. The employer shall retrain an employee when any of the following occur:

F. The employer shall provide information and training to each employee in a manner that is understandable to that employee.

G. The employer shall maintain training records, which shall include:

History

Statutory Authority: MS s 182.655
History: 36 SR 874

Minn. R. 5205.0750 Motorized Self-Propelled Vehicles

Subpart 1. Scope.

This section applies to:

A. all motorized, self-propelled vehicles used off the highway including industrial type trucks, crawler equipment, and rubber-tired vehicles;

B. emergency vehicles including trucks, snow plows, road maintenance vehicles, and related equipment; and

C. service trucks including garbage compactors. These parts shall not apply to vehicles with less than a 20 HP motor.

Subp. 2. General requirements.

Motorized, self-propelled vehicles shall meet the requirements of Code of Federal Regulations, title 29, sections 1926.600, 1926.601, and 1926.602.

Subp. 3. Transportation of employees.

Vehicles being used to transport employees shall be equipped with a seating arrangement securely anchored, a rear end gate, a guardrail and steps or a ladder for mounting and dismounting.

A. Under no circumstances shall any employee be allowed to ride in a standing position or with arms or legs outside of the truck body, or seated on the side fenders, cabs, cabshields, rear of truck, or on the load unless such a position is dictated by a job assignment.

B. No explosives, flammable materials (excepting normal fuel supply), or toxic substances shall be transported in the passenger carrying area of vehicles carrying employees.

C. No vehicle transporting employees shall be moved until the driver has ascertained that all employees are seated and required guardrails and end gates are in place and doors closed.

D. No employee shall be allowed to get on or off any vehicle while it is in motion.

Subp. 4. Vehicle inspection.

The Code of Federal Regulations, title 29, section 1926.601 (b) (14) shall apply to all vehicles covered in Code of Federal Regulations, title 29, section 1926.602.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0755 Police and Patrol Vehicles

All police and patrol vehicles that are marked in accordance with Minnesota Statutes, section 169.98, that may be used to transport violators or offenders shall be provided with an effective barrier between the front and back seat to protect the officers from assault. The barrier may be retractable so as not to be a hindrance to officers when not transporting violators or offenders. This part is effective January 1, 1989.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5205.0760 Powered Industrial Truck Operations

Subpart 1. Restricted use.

All industrial trucks designed and constructed for use on solid hard level surfaces shall be restricted to such operations.

Subp. 2. Surface condition.

All solid hard level surfaces must be free of cracks, irregularities, or holes that could upset the balance of the industrial truck.

Subp. 3. Load positioning.

When a fork truck operator is positioning a load in an area which is not fully visible to the fork truck operator, the operator shall be assisted by a designated person who shall direct the safe placing of the load by using predetermined signals.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0765 Scissor Point Protection

Scissor points on all rubber tired skid steer equipment including front end loaders shall be guarded to protect the operator.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0770 Grease Racks, Hoists, and Pits

Subpart 1. Vehicle support.

Vehicles shall not be supported on jacks or held suspended by ropes, chains, or cables but shall be supported by adequate blocking or cribbing or set on supports designed for that purpose.

Subp. 2. Barricades.

Employees shall not be allowed to stand directly in front of self-propelled vehicles while directing the vehicle onto the hoist or pit, or to work in front of a moving vehicle unless a crib or barricade, adequate to stop the vehicle, is between the employee and the moving vehicle. The crib or barricade shall not in itself create any additional hazards to the employees.

Subp. 3. Spacing.

A space of two feet or more shall be provided as working clearance between the sides of a vehicle on a floor hoist and any wall surface.

Subp. 4. Safety factor.

On automotive hoists, an automatic mechanical device having a safety factor of three based on the manufacturer's rated load capacity shall be provided to hold the lift in the fully extended position at the manufacturer's rated load capacity.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0850 Pneumatic Power Tools

All pneumatically driven nailers, staplers, and other fastening equipment provided with automatic fastener feed shall have a safety device on the muzzle which is designed to prevent the tool from ejecting fasteners unless the muzzle is in contact with the work surface.

History

Statutory Authority: MS s 182.655

Minn. R. 5205.0860 Machines with Revolving Parts

Subpart 1. Scope.

The provisions of this part shall apply to extractors, mixers, mullers, and centrifuges.

Nothing in this part shall apply to equipment used in research laboratories or equipment with less than one-quarter HP driving motors.

Nothing in this part shall apply to any machine which must be hand-fed where the feed opening is protected either by a guarded hopper or automatic feed system which prevents the operator from reaching into the point of operation.

Subp. 2. Guarding.

Each machine shall be fully guarded with a cover, hatch, or grate with an interlocking device that will prevent the cover, hatch, or grate from being opened while the rotating parts are in motion, and will also prevent the power operation of the machine while the cover, hatch, or grating is not fully closed and secured.

Subp. 3. Secured position.

Each machine shall be effectively secured in position on the floor or foundation so as to eliminate unnecessary vibrations.

Subp. 4. Labeling for operating speed.

The manufacturer's recommended speeds shall be stamped on the machine, and located where they are readily visible in letters not less than one-quarter inch in height. The maximum permissible speed shall be given in revolutions per minute (RPM).

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0865 Machine Controls and Equipment

On machines with points of operation, pinch points, or nip points, each machine shall be equipped so it is possible for the operator to cut off the power to each machine without leaving the position at the point of operation.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5205.0870 Foot Actuated Machines

The treadle or pedal of foot actuated machines, tools, or equipment shall be physically protected to prevent unintended operation.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.0880 Motor Start Button

The motor start button on machines with exposed points of operation, pinch points, or nip points shall be physically protected against unintended operation.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5205.0890 Hydraulic Presses

A barrier guard shall be maintained on all hydraulic presses, whether hand or power operated, where there is a possibility of materials being ejected from the press.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

This part applies to any crane, derrick, or hoist having a maximum rated capacity of one ton or less; to railway and automobile wrecking cranes; skip hoists; hoistlike units used for horizontal pulling only; mine hoists; conveyors and shovels; drag line excavators; backhoes; and any equipment such as mobile scaffolds, towers, and platforms.

This part also applies to all monorail cranes, underhung cranes, and top running single girder cranes where the ends of the girders are fastened or fixed to the structure.

Subp. 2. Initial inspection.

Before initial use, all new and altered cranes shall be inspected to ensure compliance with this part.

Subp. 3. Frequent inspection.

Items A to F shall be inspected for defects at daily to monthly intervals, or as specifically indicated, including observation during operation for any defects that might appear between regular inspections. All deficiencies, such as those listed in items A to F, that constitute a safety hazard shall be corrected before placing the unit in service.

A. All functional operating mechanisms for maladjustment interfering with proper operation - daily.

B. Lines, tanks, valves, drain pumps, and other parts of air or hydraulic systems for deterioration or leakage - daily.

C. Hooks with deformation or cracks - visual inspection daily, monthly inspection with signed reports. For hooks with cracks or having more than 15 percent in excess of normal throat opening or more than ten degrees twist from the plane of the unbent hook, refer to subpart 6, item B, subitem (1).

D. Hoist chains, including end connections, for excessive wear, twist, distorted links, or stretch beyond manufacturer's recommendations - visual inspection daily, monthly inspection with signed certification record.

E. All functional operating mechanisms for excessive wear of components.

F. Rope reeving for noncompliance with manufacturer's recommendations.

Subp. 4. Periodic inspection.

Complete inspections of the crane shall be performed monthly or as indicated in subpart 5. These inspections shall include the requirements of subpart 3 and items A to I. All deficiencies, such as those listed in items A to I, that constitute a safety hazard shall be corrected before placing the unit in service:

A. deformed, cracked, or corroded members;

B. loose bolts or rivets;

C. cracked or worn sheaves and drums;

D. worn, cracked, or distorted parts such as pins, bearings, shafts, gears, rollers, and locking and clamping devices;

E. excessive wear on brake system parts, linings, pawls, and ratchets;

F. load, wind, and other indicators over their full range, for any significant inaccuracies;

G. gasoline, diesel, electric, or other power plants for improper performance or noncompliance with applicable safety requirements;

H. excessive wear of chain drive sprockets and excessive chain stretch; and

I. electrical apparatus, for signs of pitting or any deterioration of controller contactors, limit switches, and push-button stations.

Subp. 4a. Rope inspection.

A. A thorough inspection of all ropes shall be made at least once a month and a certification record which includes the date of inspection, the signature of the person who performed the inspection, and an identifier for the ropes which were inspected shall be kept on file where readily available to appointed personnel. Any deterioration, resulting in appreciable loss of original strength, shall be carefully observed and a determination made as to whether further use of the rope would constitute a safety hazard. Some of the conditions that could result in an appreciable loss of strength are the following:

B. All rope which has been idle for a period of a month or more due to shutdown or storage of a crane on which it is installed shall be given a thorough inspection before it is used. This inspection shall be for all types of deterioration and shall be performed by an appointed person whose approval shall be required for further use of the rope. A certification record shall be available for inspection which includes the date of inspection, the signature of the person who performed the inspection, and an identifier for the rope which is inspected.

Subp. 5. Cranes not in regular use.

A crane that has been idle for one month or more, but less than six months, shall be given an inspection conforming with the requirements of subpart 3 before being placed in service.

A crane that has been idle for over six months shall be given a complete inspection conforming with subparts 3 and 4 before being placed in service.

Standby cranes shall be inspected at least semiannually in accordance with subpart 3.

Subp. 6. Adjustments and repairs.

Any condition disclosed by the inspections required by this part shall be corrected before operation of the crane is resumed. Adjustments and repairs shall be done only by designated, qualified personnel.

A. Adjustments shall be maintained to ensure correct functioning of all components, such as the following:

B. Repairs or replacements required by this part shall be provided promptly before resumed operation, including any deficiencies such as:

C. After adjustments and repairs have been made, the crane shall not be operated until all guards have been reinstalled, safety devices reactivated, and maintenance equipment removed.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 23 SR 2132

Minn. R. 5205.1210 Hoist Hook Safety Devices

Safety latches (mousings) shall be provided on all hoist hooks used on hoists or cranes that lift or travel with loads attached. This includes the hook used to attach the hoist to the rail, trolley, or structure.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.1220 Warning Signal

Whenever a crane or hoist is used to convey molten metal, a gong or other effective warning signal shall be provided and used.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5205.1230 Personnel Platforms Suspended from Cranes and Derricks

The design, construction, testing, use, and maintenance of personnel platforms and the hoisting of personnel platforms on the load lines of cranes or derricks shall meet the requirements of Code of Federal Regulations, title 29, section 1926.550, paragraph (g).

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 17 SR 1273

This part applies to boom-supported elevating work platforms and personnel elevating platforms supported by rough-terrain forklift trucks, which are used to position personnel to various work locations. This part does not apply to nonarticulating scissor-type elevating work platforms or firefighting equipment.

Subp. 2. Fall protection.

An employee, while occupying a boom-supported elevating work platform or a personnel elevating platform supported by a rough-terrain forklift truck, shall be protected from falling by the use of personal fall arrest systems that meet the requirements of Code of Federal Regulations, title 29, section 1926.502 (d), or positioning device systems that meet the requirements of Code of Federal Regulations, title 29, section 1926.502 (e).

History

Statutory Authority: MS s 182.655
History: 33 SR 772

Minn. R. 5205.1400 Inspection of Hoppers

Subpart 1. Definitions.

The terms used in this part have the meanings given them in this subpart.

A. "Aggregate" means the natural sands, gravels, and crushed stones used for mixing with cementing material in making mortars and cements.

B. "Corrosive agent or substance" means any agent or substance with a pH factor of ten or greater or four or less.

C. "Hopper" means a metal structure designed for storing and dispensing materials, with a capacity of one ton or greater, that is shaped to allow stored materials to flow from it.

D. "Nondestructive testing" means a testing method that does not damage or destroy the test sample. Nondestructive testing includes, but is not limited to, the use of X-rays, ultrasonics, radiography, and magnetic flux.

E. "Visual inspection" means a thorough physical examination of all interior and exterior surface areas, and support members and their component parts.

Subp. 2. Inspection.

Hoppers used to hold aggregate shall be inspected according to the schedule in subpart 3 if employees have access to the area beneath the hopper or the area surrounding the hopper, equal to the height of the hopper measured from the ground or floor to the hopper's highest point. The inspection shall be conducted by a person qualified to conduct the inspection under subpart 7.

Subp. 3. Inspection schedule.

A. Hoppers that must be inspected under subpart 2 shall be visually inspected every 12 months.

B. Hoppers that must be inspected under subpart 2, that have had corrosive agents or substances used within the system, shall be nondestructively tested every five years.

C. Hoppers that must be inspected under subpart 2, that have not had any corrosive agents or substances used within the system, shall be nondestructively tested every ten years.

D. Hoppers that have been modified, altered, or repaired shall be inspected under subpart 2 before returning the hopper to service when the modifications, alterations, or repairs affect the designed load capacity of the hopper. This includes, but is not limited to, relining of the hopper.

Subp. 4. Documentation.

Inspections required by this part shall be documented and the required documentation shall be retained for the life of the hopper at the facility where the hopper is located. The documentation shall be made available upon request to representatives of the Occupational Safety and Health Division. The documentation of the inspections shall include:

A. the dates on which inspections were conducted;

B. the names, addresses, and employers of persons conducting the inspections;

C. the means used to inspect the hoppers;

D. the findings of the inspections;

E. the deficiencies noted as a result of the inspections; and

F. the dates on which recommended repairs were completed.

Subp. 5. Repairs.

If deficiencies found during an inspection do not compromise the designed load capacity of the hopper, all repairs shall be made within the minimum amount of time necessary to complete repairs. If deficiencies found during an inspection do compromise the designed load capacity, the hopper shall be emptied and removed from service until all repairs are completed.

Subp. 6. Means of inspection.

All inspections conducted under this part shall include visual inspections and nondestructive testing that is capable of determining that erosion, corrosion, stress, fatigue, damage, repairs, or alterations have not compromised the designed load capacity.

Subp. 7. Qualified person.

A person is qualified to conduct inspections under this part if, through education, training, or experience, the person is capable of determining through visual inspections and nondestructive testing that erosion, corrosion, stress, fatigue, damage, repairs, or alterations have not compromised the designed load capacity.

History

Statutory Authority: MS s 182.655
History: 16 SR 542

Minn. R. 5205.1500 [Repealed, 23 SR 2060]

[Repealed, 23 SR 2060]

Chapter 5206 HAZARDOUS SUBSTANCES; EMPLOYEE RIGHT-TO-KNOW

Minn. R. 5206.0100 Definitions

Subpart 1. Scope.

For purposes of this chapter the following terms have the meanings given them.

Subp. 1a. Blood borne pathogens.

"Blood borne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

Subp. 1b. Carcinogen.

"Carcinogen" means any substance that causes the development of cancerous growths in living tissue. For the purpose of this standard, a substance is considered to be a carcinogen or potential carcinogen if:

A. it has been evaluated by the International Agency for Research on Cancer (IARC) and is listed as a carcinogen or potential carcinogen in "Monographs" (latest edition);

B. it is listed as a carcinogen or potential carcinogen in the "Annual Report on Carcinogens" published by the National Toxicology Program (NTP) (latest edition);

C. it is listed as a confirmed or suspected human carcinogen by the American Conference of Governmental Industrial Hygienists (ACGIH) and published in the "Threshold Limit Values and Biological Exposure Indices" (latest edition); or

D. it is regulated as a carcinogen or potential carcinogen under Code of Federal Regulations, title 29, part 1910, subpart Z, "Toxic and Hazardous Substances."

Subp. 1c. Clinic.

"Clinic" means a physician's office providing outpatient care.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Department of Labor and Industry.

Subp. 2a. Container.

"Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this part, pipes, piping systems, or pipelines are not considered to be containers.

Subp. 3. Data sheet.

"Data sheet" means a document, such as a material safety data sheet, operation standard, placard or display device, used by an employer to communicate to an employee the information required under Minnesota Statutes, section 182.653, subdivisions 4b, 4c, and 4e.

Subp. 3a. Dentist.

"Dentist" means a person licensed to practice dentistry under Minnesota Statutes, sections 150A.01 to 150A.12. Dentist does not include a student in this field, a dental technician, dental hygienist, dental assistant, or a registered dental assistant.

Subp. 4. Department.

"Department" means the Department of Labor and Industry.

Subp. 5. Display device.

"Display device" means a video screen or video display terminal that is part of electronic data processing equipment.

Subp. 6. Harmful physical agent.

"Harmful physical agent" means a physical agent determined by the commissioner as part of the standard for that agent to present a significant risk to worker health or safety or imminent danger of death or serious physical harm to an employee.

"Harmful physical agent" does not include an agent being developed or utilized by a technically qualified individual in a research, medical research, medical diagnostic, or medical educational laboratory, or in a health care facility or in a clinic associated with the laboratory or health care facility, or in a pharmacy registered and licensed under Minnesota Statutes, chapter 151. This exemption does not include a physical agent utilized in a laboratory that primarily provides a quality control analysis for a manufacturing process. This exemption applies only to technically qualified individuals and not to persons working in the same work area who are not technically qualified individuals.

Subp. 7. Hazardous substance.

"Hazardous substance" means a chemical or substance, or mixture of chemicals or substances, which:

A. is regulated by the federal Occupational Safety and Health Administration under Code of Federal Regulations, title 29, part 1910, subpart Z;

B. is either toxic or highly toxic, an irritant, corrosive, a strong oxidizer, a strong sensitizer, combustible, either flammable or extremely flammable, dangerously reactive, pyrophoric, pressure-generating, a compressed gas, a carcinogen, a teratogen, a mutagen, a reproductive toxic agent, or that otherwise, according to generally accepted documented medical or scientific evidence, may cause substantial acute or chronic personal injury or illness during or as a direct result of any customary or reasonably foreseeable accidental or intentional exposure to the chemical or substance; or

C. is determined by the commissioner as part of the standard for the chemical or substance or mixture of chemicals and substances to present a significant risk to worker health and safety or imminent danger of death or serious physical harm to an employee as a result of foreseeable use, handling, accidental spill, exposure, or contamination. Hazardous substance does not include a substance being developed or handled by a technically qualified individual in a research, medical research, medical diagnostic or medical educational laboratory or in a health care facility or in a clinic associated with the laboratory or health care facility, or in a pharmacy registered or licensed under Minnesota Statutes, chapter 151. This exemption applies only to technically qualified individuals and not to persons working in the same work area who are not technically qualified individuals.

Subp. 7a. Hazard warning.

"Hazard warning" means any words, pictures, symbols, or combination of these which convey the hazards of the hazardous substances in the containers.

Subp. 8. Health care facility.

"Health care facility" means a provider of health services in an establishment such as, but not limited to, a clinic, hospital, nursing home, intermediate care facility, extended care facility, convalescent home, surgical center, treatment center, group home, medical office, or dental office, whether fixed or mobile.

Subp. 9. Impurity.

"Impurity" means a hazardous substance which is unintentionally present with another substance or mixture.

Subp. 10. Immediate-use container.

"Immediate-use container" means a container into which substances are transferred from labeled containers and which will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred. This applies to containers such as test tubes, beakers, graduates, vials, pitchers, pails, or similar containers which are routinely used and reused.

Subp. 11. Infectious agent.

"Infectious agent" means a communicable bacterium, rickettsia, parasites, virus, or fungus determined by the commissioner by rule, with approval of the commissioner of health, which according to documented medical or scientific evidence causes substantial acute or chronic illness or permanent disability as a foreseeable and direct result of any routine exposure to the infectious agent.

Infectious agents that are present in human blood and can cause disease in humans are also called blood borne pathogens.

Infectious agent does not include an agent in or on the body of a patient before diagnosis. Infectious agent does not include an agent being developed or regularly used by a technically qualified individual in a research, medical research, medical diagnostic or medical educational laboratory or in a health care facility or in a clinic associated with a laboratory or health care facility, or in a pharmacy registered and licensed under Minnesota Statutes, chapter 151.

Subp. 11a. Laboratory use of hazardous chemicals.

"Laboratory use of hazardous chemicals" means handling or use of hazardous chemicals in which all of the following conditions are met:

A. chemical manipulations are carried out on a laboratory scale (where the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person);

B. multiple chemical procedures or chemicals are used;

C. the procedures involved are not part of a production process, nor in any way simulate a production process; and

D. protective laboratory practices and equipment are available and in common use to minimize the potential for employee exposure to hazardous chemicals.

Subp. 11b. Lead research individual.

"Lead research individual" means the laboratory director, lead chemist, or project engineer who, because of professional or technical education, training, or experience understands, before the time of exposure, the health risks and the necessary safety precautions associated with each hazardous substance, harmful physical agent, infectious agent, or mixture handled or used in the laboratory and is responsible for the safety and health of all individuals working in the laboratory.

Subp. 12. Manufacturer.

"Manufacturer" means anyone who produces, synthesizes, extracts, or otherwise makes, processes, blends, packages, or repackages a hazardous substance or equipment which generates a harmful physical agent. The term manufacturer also includes anyone who imports into this state or distributes within this state a hazardous substance or equipment which generates a harmful physical agent. It does not include anyone whose primary business concerning the hazardous substance or equipment is in retail sales to the public.

Subp. 13. Material safety data sheet.

"Material safety data sheet" means any data sheet which contains information required under part 5206.0700, subpart 2, or in accordance with Code of Federal Regulations, title 29, part 1910.1200(g), regarding the physical, chemical, and hazardous properties of a substance or mixture.

Subp. 14. Mixture.

"Mixture" means any combination of two or more chemical substances that do not react with each other, but at least one of which is a hazardous substance. Mixtures may be considered as a single hazardous substance if the technical data provided for the mixture as a whole is as effective in protecting employee health as data on each of the individual components would be.

Subp. 14a. Original shipping container.

"Original shipping container" means the container in which a hazardous substance is received by the employer from the manufacturer.

Subp. 14b. Pharmacist.

"Pharmacist" means a person with a currently valid license issued by the Board of Pharmacy to practice pharmacy under Minnesota Statutes, chapter 151. Pharmacist does not include a student in this field nor a pharmacist intern.

Subp. 14c. Physician.

"Physician" means a person issued a license to practice medicine under Minnesota Statutes, chapter 147. Physician does not include a student in continuing training and performing the duties of an intern or resident or engaged in postgraduate work considered by the Board of Medical Practice to be the equivalent of an internship or residency in any hospital or institution approved for training by the board.

Subp. 15.

[Repealed, 13 SR 2219]

Subp. 16. Research laboratory.

"Research laboratory" means a medical, educational, industrial, or manufacturing workplace, or portion of such a workplace, engaged in the development of materials, products, or substances through experimentation, testing, or analysis. Research laboratory includes pilot plant operations performed as research and development functions including tests of physical, chemical, production, and performance characteristics.

Subp. 16a. Responsible party.

"Responsible party" means someone who can provide additional information on the hazardous substance and appropriate emergency procedures, if any.

Subp. 17. Routinely exposed.

"Routinely exposed" means a reasonable potential for exposure exists during the normal course of assigned work. It includes the exposure of an employee to a hazardous substance when assigned to work in an area where a hazardous substance has been spilled. It does not include a simple walk-through of an area where a hazardous substance, harmful physical agent, or infectious agent is present or an assignment to work in an area where a container of a hazardous substance is present but there is no actual exposure unless a spill should occur.

Subp. 18.

[Repealed, 13 SR 2219]

Subp. 19. Technically qualified individual.

"Technically qualified individual" means a physician, dentist, pharmacist, or lead research individual, other than a student in one of these fields, in a research, medical research, medical diagnostic or medical educational laboratory or in a health care facility or in a clinic associated with the laboratory or health care facility, or in a pharmacy registered and licensed under Minnesota Statutes, chapter 151, who, because of professional or technical education, training, or experience, understands, before the time of exposure, the health risks and the necessary safety precautions associated with each hazardous substance, harmful physical agent, infectious agent, or mixture handled or used by the person.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219; 17 SR 1456

Minn. R. 5206.0200 Purpose

The standards in this chapter implement the provisions of the Employee Right-to-Know Act of 1983. These standards require employers to evaluate their workplaces for the existence of hazardous substances, harmful physical agents, and infectious agents and to provide training and information to those employees covered under this act who are routinely exposed to those substances and agents.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949

Minn. R. 5206.0300 Scope; Exceptions

Subpart 1. In general.

The provisions in this chapter apply to all employers and employees in Minnesota with the following exceptions.

Subp. 2. Technically qualified individuals.

Certain technically qualified individuals who meet the definition of physician, dentist, pharmacist, or lead research individual in part 5206.0100, subparts 3a, 11b, 14b, and 14c, are exempt from the provisions of this chapter, with the exception of part 5206.0700, subpart 1, item J. Technically qualified individuals are not exempt from the requirements of any other OSHA standard. Technically qualified individuals may only be designated in the following facilities: research laboratory, medical research laboratory, medical diagnostic or medical educational laboratory, health care facility, clinic associated with a laboratory or health care facility, or pharmacy registered and licensed under Minnesota Statutes, chapter 151.

Subp. 3. Farms.

Farming operations employing ten or fewer employees are exempt from all provisions of this chapter except that label information must be furnished to employees or their representative. Farming operations employing more than ten employees or that operate a temporary labor camp and employ any of its residents are required to comply with training requirements developed by the commissioner specifically for farming operations in parts 5206.1300 to 5206.1900.

Subp. 4.

[Repealed, 13 SR 2219]

Subp. 5.

[Repealed, 17 SR 1456]

Subp. 6. Waste service employers.

Employers that provide a service of collecting, processing, or disposing of waste regulated under the federal Resource Conservation and Recovery Act are exempt from the hazardous substances and harmful physical agents training and information requirements of this chapter. These employers must develop and implement a training program for their employees and have that program approved by the commissioner.

Subp. 7. Laboratories.

A. Laboratories where the laboratory use of hazardous chemicals occurs must comply with the requirements of Code of Federal Regulations, title 29, section 1910.1450.

B. All other laboratories shall comply with chapter 5206.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219; 17 SR 1456

Minn. R. 5206.0400 Hazardous Substances

Subpart 1. In general.

The commissioner has determined that the list of hazardous substances in subpart 5 shall be covered by the provisions of this chapter. The hazardous substance list includes the majority of hazardous substances that will be encountered in Minnesota; it does not include all hazardous substances and will not always be current. Employers shall exercise reasonable diligence in evaluating their workplace for the presence of other recognized hazardous substances and assure that employees are provided with the rights stated in this chapter.

Subp. 2. Exemptions.

Substances or mixtures within the categories in items A to K are exempt from coverage under this standard.

A. Products intended for personal consumption by employees in the workplace.

B. Consumer products packaged for distribution to, and used by, the general public, including any product used by an employer or the employer's employees in the same form, concentration, and manner as it is sold to consumers, and to the employer's knowledge, employee exposure is not significantly greater than the consumer exposure occurring during principal consumer use of the product.

C. Any article, including but not limited to an item of equipment or hardware, which contains a hazardous substance, if the substance is present in a solid form which does not create a health hazard as a result of being handled by the employee.

D. Any hazardous substance that is bound and not released under normal conditions or work or in a reasonably foreseeable occurrence resulting from workplace operations.

E. Products sold or used in retail food sale establishments and all other retail trade establishments, exclusive of processing and repair work areas.

F. Any waste material regulated pursuant to the federal Resource Conservation and Recovery Act, Public Law 94-580, but only with respect to any employer in a business which provides a service of collection, processing, or disposal of such waste.

G. Waste products labeled pursuant to the Resource Conservation and Recovery Act. If hazardous substances make up the waste product, the employer must assure that mixing of incompatible substances does not occur.

H. Any substance received by an employer in a sealed package and subsequently sold or transferred in that package, if the seal remains intact while the substance is in the employer's workplace.

I. Any substance, mixture, or product if present in a physical state, volume, or mixture concentration for which there is no valid and substantial evidence that a significant risk to human health may occur from exposure.

J. "Liquor" as defined in Minnesota Statutes, section 340.07, subdivision 2, or "3.2 percent malt liquor" as defined in Minnesota Statutes, section 340A.101, subdivision 19.

K. "Food" as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 27, section 321, et seq.

Subp. 3. Updating list.

The list of hazardous substances shall be updated by the commissioner at least every two years.

Subp. 4. Codes for list of hazardous substances.

The list of hazardous substances in subpart 5 is coded as follows to designate the reference document which contains occupational exposure information concerning the particular substance:

A. "A" - American Conference of Governmental Industrial Hygienists (ACGIH), "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 1992-93," available from ACGIH, 6500 Glenway Avenue, Building D-7, Cincinnati, Ohio 45211-4438, (513) 661-7881.

B. "I" - American Industrial Hygiene Association (AIHA), "Workplace Environmental Exposure Level Guides" (1992), available from AIHA, P.O. Box 8390, Akron, Ohio 44320, (216) 873-2442. Effective October 31, 1992, the new mailing address will be: 2700 Prosperity Place, Merrifield, VA 22081.

C. "N" - National Institute for Occupational Safety and Health (NIOSH), "Recommendations for Occupational Safety and Health Standards," August 1988, available from NIOSH, Publications Dissemination Office, Division of Standards Development and Technology Transfer, 4676 Columbia Parkway, Cincinnati, Ohio 45226, general information (513) 533-8287.

D. "O" - Occupational Safety and Health Administration (OSHA), Safety and Health Standards, Code of Federal Regulations, title 29, part 1910, subpart Z, "Toxic and Hazardous Substances, 1990." General information: Minnesota Department of Labor and Industry, Occupational Safety and Health Division, 443 Lafayette Road, St. Paul, Minnesota 55101, (651) 296-2116.

E. "R" - International Agency for Research on Cancer (IARC) Monographs on the Evaluation of the Carcinogenic Risks to Humans; Overall Evaluations of Carcinogenicity: An Updating of IARC Monographs Volumes 1 to 42, Supplement 7 (1987). Available from: WHO Publications Centre USA, 49 Sheridan Avenue, Albany, NY 12210; (518) 436-9686.

F. "S" - Occupational Safety and Health Administration proposed standards.

G. "T" - National Toxicology Program (NTP) "Fifth Annual Report on Carcinogens," 1989 (NTP 89-239). Order information: (919) 541-3991.

H. "*" - An asterisk denotes substances which are regulated by OSHA as carcinogens; have been categorized by the ACGIH as either "human carcinogens" or "suspect of carcinogenic potential for man"; have been evaluated by the International Agency for Research on Cancer (IARC) and found to be carcinogens or potential carcinogens; or have been listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the National Toxicology Program (NTP).

I. "Dust" - If the substance poses an airborne particulate exposure hazard, the substance is followed by the word "dust."

J. "Fume" - Small solid particles formed by the condensation of vapors of solid materials.

K. "Gases" - Refers to displacement of air asphyxiation hazard.

L. "Skin" - If a potential for absorption from skin contact merits special consideration, the word "skin" follows the substance name.

M. (number) - The number in parentheses following each substance is the American Chemical Society's Chemical Abstract Service (CAS) number for that substance. A particular substance may be known by more than one name. The CAS number eliminates the confusion caused by synonyms.

N. α = Alpha.

O. β = Beta.

Subp. 5. List of hazardous substances.

List of hazardous substances:

A. Hazardous substances beginning with the letter A:

B. Hazardous substances beginning with the letter B:

C. Hazardous substances beginning with the letter C:

D. Hazardous substances beginning with the letter D: (a) α-Alumnia (AL2O3); (b) Aluminum, metal and oxide; (c) Calcium carbonate; (d) Calcium silicate; (e) Calcium sulfate; (f) Cellulose (paper fiber); (g) Emery; (h) Glycerin Mist; (i) Graphite (synthetic); (j) Gypsum; (k) Kaolin; (l) Limestone; (m) Magnesite; (n) Marble; (o) Mineral Wool Fiber; (p) Pentaerythritol; (q) Perlite; (r) Plaster of Paris; (s) Portland Cement; (t) Precipitated Silica; (u) Rouge; (v) Silica gel; (w) Silicon; (x) Silicon Carbide; (y) Starch; (z) Stearates; (aa) Sucrose; (bb) Titanium Dioxide; (cc) Vegetable oil mists (except castor, cashew nut, or similar irritant oils); (dd) Zinc Stearate; and (ee) Zinc Oxide Dust.

E. Hazardous substances beginning with the letter E:

F. Hazardous substances beginning with the letter F:

G. Hazardous substances beginning with the letter G: (a) Acetylene; (b) Argon; (c) Ethane; (d) Ethylene; (e) Helium; (f) Hydrogen; (g) Methane; (h) Neon; (i) Propane; and (j) Propylene.

H. Hazardous substances beginning with the letter H:

I. Hazardous substances beginning with the letter I:

J. Hazardous substances beginning with the letter K:

K. Hazardous substances beginning with the letter L:

L. Hazardous substances beginning with the letter M:

M. Hazardous substances beginning with the letter N:

N. Hazardous substances beginning with the letter O:

O. Hazardous substances beginning with the letter P:

P. Hazardous substances beginning with the letter Q:

Q. Hazardous substances beginning with the letter R:

R. Hazardous substances beginning with the letter S:

S. Hazardous substances beginning with the letter T:

T. Hazardous substances beginning with the letter U:

U. Hazardous substances beginning with the letter V:

V. Hazardous substances beginning with the letter W:

W. Hazardous substances beginning with the letter X:

X. Hazardous substances beginning with the letter Y:

Y. Hazardous substances beginning with the letter Z:

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219; 17 SR 1456; L 1991 c 249 s 31

Minn. R. 5206.0500 Harmful Physical Agents

Subpart 1. In general.

The commissioner has determined that the list of harmful physical agents in subpart 3 shall be covered by the provisions of this chapter. The harmful physical agents list includes the majority of physical agents that may be encountered in Minnesota. Where there is a reasonably foreseeable potential for exposure to one or more of these physical agents at a level which may be expected to approximate or exceed the permissible exposure limit or the applicable action level the employer must provide training to employees as required in part 5206.0700.

Subp. 2. Updating list.

The list of harmful physical agents shall be updated by the commissioner at least every two years.

Subp. 3. Harmful physical agents list.

A. Heat.

B. Noise.

C. Ionizing radiation. Any employer who possesses or uses by-product material, source material, or special nuclear material, as defined in the Atomic Energy Act of 1954 as amended, under a license issued by the Nuclear Regulatory Commission shall be deemed to be in compliance with the harmful physical agent provisions of the Employee Right-to-Know Act of 1983.

D. Nonionizing radiation.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949

Minn. R. 5206.0600 Infectious Agents

Subpart 1. In general.

The commissioner has determined that the list of infectious agents in subparts 4 to 8 shall be covered by the provisions of this chapter. This list includes the majority of known communicable infectious agents which may be encountered in Minnesota. The list does not include all infectious agents nor will the list always be current. Employers must exercise reasonable diligence in evaluating their workplace for the presence of other recognized infectious agents and assure that employees are provided with the rights stated in this chapter. Training must be provided to employees on only those infectious agents to which employees may be routinely exposed; training need not be provided on all infectious agents on the list.

Subp. 1a. Blood borne pathogens.

Blood borne pathogens are covered by Code of Federal Regulations, title 29, section 1910.1030. Compliance with the requirements of Code of Federal Regulations, title 29, section 1910.1030, meets the requirements of this chapter for blood borne pathogens. Employers who cover all reasonably anticipated infectious agent exposures as part of their Code of Federal Regulations, title 29, section 1910.1030, compliance programs shall be considered to be in compliance with the requirements of this chapter.

Subp. 2. Updating list.

The list of infectious agents shall be updated by the commissioner at least every two years.

Subp. 3. Codes for lists of infectious agents.

The lists of infectious agents in subparts 4 to 8 are coded as follows to designate a reference document which contains information concerning the particular agent:

A. "A" - Guidelines for Isolation Precautions in Hospitals, Centers for Disease Control, 1983.

B. "B" - Diagnostic Microbiology, Bailey and Scott's, Seventh Edition, 1990.

C. "C" - Control of Communicable Disease in Man, Abram S. Benenson, Editor; American Public Health Association, 1990.

D. "D" - Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control, (1984), United States Department of Health and Human Services, Public Health Service (HHS publication number (CDC) 84-8395).

E. "M" - Reportable Disease List, Minnesota Department of Health, Revised January 1990.

F. "O" - Classification of Microorganisms on the Basis of Hazard, Appendix B-1, Centers for Disease Control and National Institute of Health, 1982.

Subp. 4. Bacterial agents.

Bacterial agents:

A. Bacillus anthracis, ABCDM;

B. Bordetella, ABC;

C. Brucella, ABCDM;

D. Campylobacter, ABCDM;

E. Chlamydia, CM;

F. Corynebacterium diphtheriae, ABCDM;

G. enterohemorrhagic Escherichia coli, AC;

H. enteropathogenic Escherichia coli, AC;

I. Francisella tularensis, BCDM;

J. Haemophilus influenzae, ABCM;

K. Klebsiella pneumoniae, ABC;

L. Legionella, ACDM;

M. Leptospira interrogans, ABCDM;

N. Listeria monocytogenes, C;

O. Moraxella, C;

P. Mycobacteria, ABCDM;

Q. Mycoplasma pneumoniae, ABCM;

R. Neisseria gonorrhoeae, N. meningitidis, ABCDM;

S. Pasteurella (see Yersinia), ACM;

T. Pseudomonas, ABCD;

U. Salmonella, ABCDM;

V. Shigella, ACDM;

W. Staphylococcus aureus, ABCM;

X. Streptococcus pneumoniae, S. pyogenes, S. group A, ABCM;

Y. Treponema, BC;

Z. Vibrio Cholerae, V. fetus, V. parahemolyticus, ABCM; and

AA. Yersinia, ACDM.

Subp. 5. Viral agents.

Viral agents:

A. Adenoviruses, AC;

B. AIDS agent (see Retrovirus);

C. Arboviruses, CM;

D. Arenaviruses, Lassa Fever virus, ACD;

E. Coronavirus, C;

F. Coxsackie A and B viruses, ABC;

G. Creutzfeldt-Jakob virus, ACD;

H. Dengue virus, CD;

I. Ebola fever virus, AC;

J. Echoviruses, ABC;

K. Hemorrhagic fever agents, C;

L. Hepatitis-types A,B,C,E (non-A/non-B), unspecified, Delta, ACDM;

M. Herpes Viruses, ACD;

N. Human Immunodeficiency Virus (see Retrovirus) Type 1 and Type 2;

O. Influenza viruses, ACM;

P. Kuru, ACD;

Q. Lymphocytic choriomeningitis virus, CD;

R. Marburg virus, AC;

S. Measles virus, ACM;

T. Mumps virus, ACM;

U. Norwalk agent, C;

V. Parainfluenze virus, C;

W. Polioviruses, ABCDM;

X. Poxviruses, CD;

Y. Rabies virus, ACDM;

Z. Respiratory syncytial virus, AC;

AA. Retrovirus (Human Immunodeficiency virus, Human T-Lymphotropic Virus Type 1 and Type 2), CM;

BB. Rhinoviruses, C;

CC. Rotaviruses, C;

DD. Rubella virus, ACM;

EE. Variola (Smallpox), AC; and

FF. Yellow fever virus, ACM.

Subp. 6. Fungal agents.

Fungal agents:*

A. Blastomyces dermatitidis, ACDM;

B. Coccidioides immitis, ABCD;

C. Histoplasma capsulatum, ABCDM;

D. Mucoraceae, C;

E. Paracoccidioides brasiliensis, C; and

F. Sporothrix schenckii, ACD. *Laboratory risk only; no risk to patient-care personnel.

Subp. 7. Parasitic agents.

Parasitic agents:

A. Acanthamoeba, C;

B. Coccidia cryptosporidium, D;

C. Entamoeba histolytica, ACDM;

D. Enterobiasis, AC;

E. Giardia lamblia, AC;

F. Pediculus, AC;

G. Plasmodium - falciparum, C;

H. Pneumocystis carinii, C;

I. Sarcoptes scabiei, AC; and

J. Trichomonas, BC.

Subp. 8. Rickettsial agents.

Rickettsial agents:*

A. Rickettsia prowazekki, C;

B. Rickettsia typhi, C;

C. Rickettsia rickettsii, C;

D. Rickettsia conorii, C;

E. Rickettsia australis, C;

F. Rickettsia sibirica, C;

G. Rickettsia akari, C;

H. Rickettsia tsutsugamushi, C;

I. Rickettsia quintana, C; and

J. Coxiella burnetti, C. *Laboratory risk only; no risk to patient-care personnel.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219; 17 SR 1456

Minn. R. 5206.0700 Training

Subpart 1. In general.

The requirements in items A to J apply to training programs provided to employees concerning hazardous substances, harmful physical agents, and infectious agents.

A. Training shall be made available by, and at the cost of, the employer.

B. The employer shall develop and implement a written Employee Right-to-Know program which, at a minimum, describes how the training, availability of information, and labeling provisions of this chapter will be met for hazardous substances, harmful physical agents, and infectious agents. The written program shall also include:

C. In multiemployer workplaces, employers who produce, use, or store hazardous substances in such a way that the employees of other employers may be exposed shall additionally ensure that the Employee Right-to-Know program developed and implemented under item B includes the following:

D. Records of training provided under the requirements of this chapter must be maintained by the employer, retained for three years, and made available, upon request, for review by employees and representatives of the Occupational Safety and Health Division. At a minimum, training records must include:

E. Information and training programs may relate to specific exposure hazards; the common hazards of a broad class of hazardous substances, harmful physical agents, and infectious agents; or to the hazards of a complete production operation, whichever is more effective. Specific information on individual hazardous substances or mixtures, harmful physical agents, and infectious agents must be available in writing for employees' use.

F. Access to a display device shall constitute compliance with the requirement for a written copy of required information which shall be readily accessible in the area or areas in which the hazardous substance, harmful physical agent, or infectious agent is used or handled, provided that a hard copy printout is available to the employee requesting it within 24 hours excluding nonworkdays.

G. Frequency of training:

H. The commissioner may, upon request of an employer or an employer's representative, certify an existing training program as complying with this chapter.

I. The employer shall maintain current information for training or information requests by employees.

J. Technically qualified individuals shall be notified of and may elect to participate in any training or update programs required to be provided under this part to employees who are not technically qualified individuals. The employer shall make a reasonable attempt to allow technically qualified individuals to attend training or update programs which may be held during the employee's scheduled work day.

Subp. 2. Training program for hazardous substances.

Training for employees who may be routinely exposed to hazardous substances shall be provided in a manner which can be reasonably understood by the employees and must include the following:

A. the name or names of the substance including any generic or chemical name, trade name, and commonly used name;

B. the level, if any and if known, at which exposure to the substance has been restricted according to standards adopted by the commissioner, or, if no standard has been adopted, according to guidelines established by competent professional groups which have conducted research to determine the hazardous properties of potentially hazardous substances;

C. the primary routes of entry and the known acute and chronic effects of exposure at hazardous levels;

D. the known symptoms of the effects;

E. any potential for flammability, explosion, or reactivity of the substance;

F. appropriate emergency treatment;

G. the known proper conditions for use of and exposure to the substance;

H. procedures for cleanup of leaks and spills;

I. the name, phone number, and address of a manufacturer of the hazardous substance; and

J. a written copy of all of the above information which shall be readily accessible in the area or areas in which the hazardous substance is used or handled.

Subp. 3. Training program for harmful physical agents.

The training program for employees who may be routinely exposed to harmful physical agents at a level which may be expected to approximate or exceed the permissible exposure limit or applicable action levels shall be provided in a manner which can be reasonably understood by the employees and shall include the information required by the standard for that physical agent as determined by the commissioner including the following:

A. the name or names of the physical agent including any commonly used synonym;

B. the level, if any and if known, at which exposure to the physical agent has been restricted according to standards adopted by the commissioner, or, if no standard has been adopted, according to guidelines established by competent professional groups which have conducted research to determine the hazardous properties of potentially harmful physical agents;

C. the known acute and chronic effects of exposure at hazardous levels;

D. the known symptoms of the effects;

E. appropriate emergency treatment;

F. the known proper conditions for use of and/or exposure to the physical agent;

G. the name, phone number, and address, if appropriate, of a manufacturer of the equipment which generates the harmful physical agent; and

H. a written copy of all of the above information which shall be readily accessible in the area or areas in which the harmful physical agent is present and where the employees may be exposed to the agent through use, handling, or otherwise.

Subp. 4. Training program for infectious agents.

Training for employees who are routinely exposed to infectious agents shall be provided in a manner which can be reasonably understood by the employees and must include the following:

A. a general explanation of the epidemiology and symptoms of infectious diseases including hazards to special at-risk employee groups;

B. an explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to infectious agents including blood and other infectious materials;

C. an explanation of the chain of infection, or infectious disease process, including agents, reservoirs, modes of escape from reservoir, modes of transmission, modes of entry into host, and host susceptibility;

D. an explanation of the employer's exposure control program;

E. an explanation of the use and limitations of methods of control that will prevent or reduce exposure including universal precautions, appropriate engineering controls and work practices, personal protective equipment, and housekeeping;

F. an explanation of the basis for selection of personal protective equipment, including information on the types, proper use, location, removal, handling, decontamination, and disposal of personal protective equipment;

G. an explanation of the proper procedures for cleanup of blood or body fluids;

H. an explanation of the recommended immunization practices, including, but not limited to, the HBV vaccine and the employer's methodology for determining which employees will be offered the HBV vaccine, and the efficacy, safety, and benefits of being vaccinated;

I. procedures to follow if an exposure incident occurs, method of reporting the incident, and information on the postexposure evaluation and medical follow-up that will be available;

J. information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious materials;

K. an explanation of the signs, labels, tags, or color coding used to denote biohazards;

L. an opportunity for interactive questions and answers with the person conducting the training session;

M. an accessible copy of the regulatory text of this standard and an explanation of its contents; and

N. how to gain access to further information and reference materials that must be made available in the workplace including the location, contents, and availability of pertinent materials that explain symptoms and effects of each infectious agent.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219; 17 SR 1456

Minn. R. 5206.0800 Availability of Information

Subpart 1. Data sheets.

A written document containing the information required in the training programs described in part 5206.0700, subparts 2 and 3 shall be available for each hazardous substance or harmful physical agent to which employees who are not technically qualified individuals are routinely exposed.

Where infectious agents are present, a written document containing the information required in part 5206.0700, subpart 4, shall be available. "Control of Communicable Disease in Man," published by the American Public Health Association, is one example of an acceptable written document.

Subp. 1a. Manufacturer's responsibilities.

An employer who is a manufacturer of a hazardous substance or mixture of hazardous substances, or of equipment which generates a harmful physical agent, shall provide an employer who purchases the substance or equipment with the information necessary for the purchasing employer to comply with the requirements of part 5206.0700, subparts 2 and 3. The information shall be provided at the time of purchase and shall be current, accurate, and complete for each substance, mixture, or agent.

Subp. 2. Data sheet for product mixture.

A material safety data sheet may be prepared on an entire product mixture if hazard test information exists on the mixture itself or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the manufacturer indicates that the conclusions drawn are from some source other than direct testing on the mixture, information on the mixture will be as effective in protecting employee health as information on the ingredients, and the hazardous substances in the mixture are identified together with the information on the mixture.

Subp. 3. Hazardous concentrations.

All components that are hazardous substances and are present in quantities above one percent by weight in a mixture must be listed on the material safety data sheet or equivalent data sheet. Whenever valid evidence indicates that a substance or components of a mixture are hazardous at concentrations less than one percent by weight, these ingredients must be listed and the required hazard information provided on manufacturer's labels and data sheets. Components identified as carcinogens shall be listed if the concentrations are 0.1 percent or greater. Substances and mixtures that are exempt from this requirement are described in part 5206.0400, subpart 2.

Subp. 4. Impurity concentrations.

Impurities known to be present and in quantities below one percent by weight are exempt from the listing requirements on labels and data sheets unless known to the manufacturer to contribute substantially to the hazard of the mixture.

Subp. 5. Form.

Provision of a material safety data sheet completed in accordance with Code of Federal Regulations, title 29, part 1910.1200, shall be prima facie proof of compliance with the information requirements of this chapter.

Subp. 6. Providing data sheet.

Any person subject to the provisions of this chapter shall be released from the obligation to provide a specific employer who purchases a hazardous substance with a material safety data sheet if that person has previously provided the specific purchaser with the most recent version of the material safety data sheet.

Subp. 7. Data sheet in research laboratory.

In a research laboratory, a material safety data sheet must be available for each hazardous substance used to produce a new mixture until the manufacturer is able to determine the data sheet information for the new mixture.

Subp. 8. Alternative data sheet.

In lieu of a written document as required by this part, access to a display device shall constitute compliance if the information is readily accessible in the area or areas in which the hazardous substance is used or handled and a printout of the information is available to the employee requesting it within 24 hours, excluding nonworkdays.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219; 17 SR 1456

Minn. R. 5206.0900 [Repealed, 17 SR 1456]

[Repealed, 17 SR 1456]

Minn. R. 5206.1000 Labeling Hazardous Substances

Subpart 1. Original shipping containers.

Original shipping containers containing a hazardous substance shall be labeled. The label shall provide substantially the same precautionary information as required under the training and information requirements in parts 5206.0700 and 5206.0800. At a minimum, original shipping containers must be tagged or marked with the identity of the hazardous substance; the appropriate hazard warning; and the name and address of the chemical manufacturer, importer, or other responsible party. In addition, a label may be a coded reference to an appropriate and accessible data sheet containing information required under part 5206.0700, subpart 2.

Subp. 2. Compliance; accepted labels.

Labeling in compliance with the following regulations meets the requirements of this chapter:

A. pesticides labeled in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (United States Code, title 7, section 136 et seq.);

B. any food, food additive, color additive, drug, or cosmetic including materials intended for use as ingredients in products labeled in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act (United States Code, title 21, section 301 et seq.);

C. distilled spirits (beverage alcohols), wine, or malt beverage labeled in accordance with the Federal Alcohol Administration Act (United States Code, title 27, section 201 et seq.);

D. any consumer products as defined in the Consumer Product Safety Act (United States Code, title 15, section 2051 et seq.) and labeled in accordance with the requirements of that act; or

E. any hazardous substance as defined in the Federal Hazardous Substances Act (United States Code, title 15, section 1261 et seq.) and labeled in accordance with the requirements of that act.

Subp. 3.

[Repealed, 13 SR 2219]

Subp. 4. Pipelines.

These container labeling requirements do not apply to pipes, piping systems, or pipelines in refineries or other workplaces nor to interstate or intrastate pipelines. Employees must be trained in the hazards associated with substances in the unlabeled pipes in their work areas in accordance with the requirements of this chapter.

Subp. 5. Bulk transport.

Hazardous substances transported in bulk shall be labeled in accordance with applicable labeling requirements of the American National Standards Institute (ANSI) or the federal Department of Transportation Standard for Transportation of Hazardous Substances in Code of Federal Regulations, title 49, part 172, subparts D, E, and F.

Subp. 6. Containers.

The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and, at a minimum, includes the identity of the hazard and the appropriate hazard warning. The written materials shall be readily accessible to the employees in their work area throughout each work shift.

Subp. 7. Other containers.

The employer shall ensure that each container of hazardous substances in the workplace that is not labeled in accordance with the requirements of this part, is labeled, tagged, or marked with at least the following information:

A. identity of the hazardous substance; and

B. appropriate hazard warning.

Subp. 8. Immediate-use containers.

Immediate-use containers need not be labeled.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219

Minn. R. 5206.1100 Labeling Harmful Physical Agents; Label Content

Equipment or a work area that specifically generates harmful physical agents at a level which may be expected to approximate or exceed the permissible exposure limit or applicable action level shall be labeled. The label shall include:

A. the name of the physical agent; and

B. the appropriate hazard warning.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949; 13 SR 2219

Minn. R. 5206.1200 Certification of Existing Labeling Program

The commissioner may, upon the request of an employer or manufacturer, certify an existing labeling program as complying with the Employee Right-to-Know Act of 1983.

History

Statutory Authority: MS s 182.655
History: 8 SR 1949

Minn. R. 5206.1300 Purpose

The standards in parts 5206.1300 to 5206.1900 implement provisions of the Employee Right-to-Know Act of 1983, Laws of Minnesota 1983, chapter 316, which require the commissioner of the Department of Labor and Industry to develop and implement a training program for farming operations. These standards, which apply to farming operations only, require each employer who is engaged in a farming operation and employs more than ten employees or who is engaged in a farming operation and maintains a temporary labor camp and employs any of its residents to provide training and information to employees who are routinely exposed to hazardous substances or harmful physical agents.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.1400 Scope

Farming operations that employ more than ten employees or that operate a temporary labor camp and employ any of its residents must comply with all requirements of this chapter at the time the employer has more than ten employees or at the time the camp is maintained. Persons who only provide housing facilities for seasonal or temporary migrant agricultural workers employed by another employer are exempt from the requirements of parts 5206.1300 to 5206.1900. Farming operations that employ ten or fewer employees and do not maintain a temporary labor camp are exempt from the provisions of parts 5206.1300 to 5206.1900 except that label information must be furnished to employees or their representatives upon request as provided in Minnesota Statutes, section 182.654.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.1500 Definitions

Subpart 1. Scope.

The terms used in parts 5206.1300 to 5206.1900 have the meanings given them in this part.

Subp. 2. Data sheet.

"Data sheet" means a document such as a material safety data sheet (OSHA Form 20), operation standard, or placard which contains information required by Minnesota Statutes, section 182.653, subdivisions 4b and 4e regarding the physical, chemical, and hazardous properties of a substance or mixture and is used by an employer to communicate to an employee the information required under Minnesota Statutes, section 182.653, subdivisions 4b and 4e.

Subp. 3. Employee.

"Employee" means any person suffered or permitted to work by an employer including any person acting directly or indirectly in the interest of or as a representative of an employer. It includes any child employed in accordance with Minnesota Statutes, chapter 181A.

Subp. 4. Handler.

"Handler" means any person who handles, mixes, or applies hazardous substances.

Subp. 5. Harmful physical agent.

Subp. 6. Hazardous substance.

"Hazardous substance" means a chemical or substance, or mixture of chemicals or substances, which:

A. is regulated by the Federal Occupational Safety and Health Administration under Code of Federal Regulations, title 29, part 1910, subpart Z;

B. is a pesticide used in agricultural operations registered with the United States Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), section 3;

C. is either toxic or highly toxic; an irritant; corrosive; a strong oxidizer; a strong sensitizer; combustible; either flammable or extremely flammable; dangerously reactive; pyrophoric; pressure-generating; a compressed gas; a carcinogen; a teratogen; a mutagen; a reproductive toxic agent; or that otherwise, according to generally accepted documented medical or scientific evidence, may cause substantial acute or chronic personal injury or illness during or as a direct result of any customary or reasonably foreseeable accidental or intentional exposure to the chemical or substance; or

D. is determined by the commissioner as part of the standard for the chemical or substance or mixture of chemicals and substances to present a significant risk to worker health and safety or imminent danger of death or serious physical harm to an employee as a result of foreseeable use, handling, accidental spill, exposure, or contamination.

Subp. 7. Nonhandler.

"Nonhandler" means any person who does not handle, use, or apply a hazardous substance but is exposed to hazardous substances such as in field work.

Subp. 8. Incidental farm worker.

"Incidental farm worker" means any person who is not a handler of hazardous substances and is employed for not more than five days.

Subp. 9. Routinely exposed.

"Routinely exposed" means a reasonable potential for exposure exists during the normal course of assigned work. It includes the exposure of an employee to a hazardous substance when assigned to work in a field where a hazardous substance has been applied to that field within the last 30 days. It does not include a simple walk through of an area where a hazardous substance is present.

Subp. 10. Temporary labor camp.

"Temporary labor camp" means any facility arranged, paid for, or maintained by an employer in which that employer's seasonal or temporary agricultural workers are required to live as a condition of employment. A "temporary labor camp" may consist of one or more buildings or structures, tents, or vehicles. It also includes a barracks-type camp, in which sleeping quarters are arranged on the dormitory plan, and a family-type camp that provides individual dwelling quarters for single family units.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.1600 Hazardous Substances and Harmful Physical Agents

Subpart 1. Hazardous substances list.

The commissioner has determined that part 5206.0400, subpart 2 "Exemptions" and subpart 5 "List of hazardous substances" shall be incorporated by reference and shall be covered by the provisions of parts 5206.1300 to 5206.1900. The list of hazardous substances includes the majority of hazardous substances, including pesticides, that will be encountered in Minnesota. It does not include all hazardous substances and will not always be current. Employers shall exercise reasonable diligence in evaluating their farming operation with respect to other recognized hazardous substances and assure that employees are provided with the training required in part 5206.1700.

Subp. 2. Harmful physical agents covered by this chapter.

The commissioner has determined that indoor heat shall be covered by the provisions of this chapter governing harmful physical agents. Where there is a reasonably foreseeable potential for exposure to heat in an indoor work environment where the temperature may be expected to reach or exceed the permissible exposure limit, the employer must provide training to employees as required in part 5206.1700.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.1700 Training

Subpart 1. General.

The requirements in items A to G apply to training programs provided to employees concerning hazardous substances and harmful physical agents.

A. Training shall be made available by, and at the cost of, the employer.

B. Records of training provided under the requirements of this chapter must be maintained by the employer, retained for five years, and made available, upon request, for review by employees or their representatives and by the commissioner or his or her authorized representative.

C. Information and training programs may relate to specific exposure hazards; the common hazards of a group of hazardous substances; or to the hazards of a complete production operation, whichever is more effective. Specific information on individual hazardous substances or mixtures and harmful physical agents must be available in writing for employees' use.

D. Once training has been completed, an employer may request the employee to sign a statement that the employee has been trained as required by parts 5206.1300 to 5206.1900.

E. Frequency of training.

F. The commissioner may, upon request of an employer or an employer's representative, certify a training program as complying with this chapter.

G. The employer shall maintain current information for training or information requests by employees.

Subp. 2. Training program for hazardous substances.

Training for employees who may be routinely exposed to hazardous substances shall be provided in a manner which can be reasonably understood by the employees. For employees who do not understand English, training must be provided in a language understood by the employee.

A. Training program for handlers of hazardous substances.

B. The oral training program for nonhandlers of hazardous substances must include the following:

C. Hazardous substance training for incidental farm workers may be fulfilled by providing incidental farm workers with written information in a language understood by the employee. The written statement shall include the information required in item B, subitems (1) to (5). The written information shall be provided to incidental farm workers prior to assignment to work in a field where a hazardous substance has been applied.

D. The training program developed or approved by the Department of Labor and Industry meets the requirements of this chapter.

Subp. 3. Training program for harmful physical agents.

The training program for employees who may be routinely exposed to heat in an indoor work environment where the temperature may be expected to reach or exceed the permissible exposure limit shall be provided in a manner which can be reasonably understood by the employees. For employees who do not understand English, training must be provided in a language understood by the employees.

A. Training on heat must include the following:

B. A written copy of the information in item A must be available for employees' use. For employees who do not read English, a written notice in a language understood by the employee must be provided advising employees of the name and address of an agency that will translate the written information for them.

C. In lieu of an oral training program, written documentation of the information required in item A may be provided to employees. For employees who do not read English, the written documentation must be in a language understood by the employee.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.1800 Availability of Information

Subpart 1. Data sheets.

A written document containing the information required in the training programs described in part 5206.1700, subparts 2 and 3, shall be available for each hazardous substance or harmful physical agent to which employees are routinely exposed. Written information for hazardous substances must include the information required in part 5206.1700, subpart 2, item A, subitem (1), units (a), (c), (d), (f), and (g). Written information for heat must include the information required in part 5206.1700, subpart 3, item A.

Subp. 2. OSHA Form 20.

Provision of a properly completed federal OSHA Form 20, "Material Safety Data Sheet," shall be prima facie proof of compliance with the information requirements of a data sheet or the requirements under Minnesota Statutes, section 182.653, subdivisions 4b, 4c, and 4e.

Subp. 3. Translation of data sheet information.

For employees who do not read English, a written notice in a language understood by the employee must be included with the material safety data sheet indicating the name and address of an agency that will translate the information for the employee.

Subp. 4. Data sheets not available.

If a material safety data sheet is not available from the manufacturer, label information must be provided to employees. The employer shall maintain a record of notices concerning the unavailability of data sheets.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.1900 Labeling

Employers engaged in a farming operation must comply with the labeling requirements for hazardous substances and harmful physical agents found in parts 5206.1000 and 5206.1100. The registered Environmental Protection Agency label meets the requirements of this part. Label information must be provided to employees or their representatives within 24 hours of the request.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Minn. R. 5206.2000 Effective Date

Minnesota Rules, parts 5206.1300 to 5206.1900 are effective March 1, 1986.

History

Statutory Authority: MS s 182.655
History: 10 SR 623

Chapter 5207 STANDARDS FOR CONSTRUCTION

Minn. R. 5207.0005 Standard Industrial Classification List for Awair

Employers in the North American Industry classifications applicable to construction listed in part 5208.1500 must comply with Minnesota Statutes, section 182.653, subdivision 8. The North American Industry classifications in part 5208.1500 are those defined by the Office of Management and Budget published in the North American Industry Classification System, 2002 edition.

History

Statutory Authority: MS s 182.655
History: 22 SR 2086; 23 SR 2060; 31 SR 517

Minn. R. 5207.0010 [Repealed, 28 SR 1512]

[Repealed, 28 SR 1512]

Minn. R. 5207.0020 [Repealed, 28 SR 1512]

[Repealed, 28 SR 1512]

Minn. R. 5207.0030 Demolition Operations

The cutting or removal of reinforcing steel or cables that are suspending debris, or the removal of columns or studs that support debris, shall not take place in close proximity to any area where employees are working unless the area has been isolated by protection to separate the work area from falling or sliding debris.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0035 Demolition, Restoration, Remodeling Asbestos Survey

Before permitting employees to start any demolition, restoration, or remodeling project where an employer has, or should have, reason to believe there are asbestos containing materials, a survey by a qualified person shall be made to determine if there are asbestos containing materials present in the structure. The project controlling employer shall have written evidence that an evaluation has been performed. If asbestos containing material is to be disturbed, removed, replaced, or repaired, the provisions of Code of Federal Regulations, title 29, section 1926.1101, apply.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 21 SR 1897

Minn. R. 5207.0040 Spray Painting of Building Interiors

Subpart 1. Nonflammable paints.

Where spray painters are applying nonflammable paint on walls, ceilings, or fixtures, at times when employees other than painters are employed in or near such areas, safeguarding measures shall be taken to protect the lives and health of spray painters and others as per code:

A. Where required, respiratory protection and/or fresh air hoods shall be provided for spray painters by employers at no cost to spray painters.

B. Personal respiratory protective equipment shall be selected and used according to Code of Federal Regulations, title 29, section 1926.103.

C. Areas being spray painted shall be sealed off from other areas of the building by means of curtains. Employees other than painters shall not be required to work in enclosed areas.

D. Curtains shall have no openings except entry ways, which shall be kept closed during painting.

E. Cross ventilation shall be provided to remove spray paint vapors from the enclosures to the outside air by means of either mechanical exhaust or window ventilation.

F. Provisions shall be made to prevent exhaust vapors from reentering any part of the building.

Subp. 2. Flammable paints.

In addition to meeting the requirements of subpart 1, where flammable paints are being applied, the following requirements also apply:

A. All motors, lights, switches, and electrical appliances shall be deenergized. Exception: portable vapor proof lights may be used when located 20 feet or more from the painting area.

B. The Air Quality Division of the Minnesota Pollution Control Agency should be consulted for any air pollution control measures required.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 21 SR 1897

Minn. R. 5207.0050 Wire Rope Clips

Subpart 1. Location of U-bolts.

Wire rope clips attached with U-bolts shall have the U-bolts on the dead or short end of the rope.

Subp. 2. Clip construction.

Clips shall be made of drop forged steel. All nuts on the clip bolts of a newly installed rope shall be retightened after the first hour of service.

Subp. 3. Clip spacing.

Spacing and number of clips shall be in accordance with the table below:

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0060 Flammable Liquid Tank Supports

Tank supports shall be installed on firm foundations. Tank supports must be of concrete, masonry, or protected steel. Single wood timber supports (not cribbing) may be used for outside aboveground tanks if the fall potential of the tank is not more than 12 inches at the lowest point of the tank.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0100 High Visibility Personal Protective Equipment

Subpart 1. General requirement.

Each employee exposed to or working adjacent to moving motor vehicles as part of the employee's assigned job shall be provided with and required to wear a high visibility warning vest or other high visibility garment. A high visibility garment is defined as being a Performance Class 2 garment or greater as specified by ANSI/ISEA Standard 107-2004. Some smaller garments may not meet the background material specifications for Performance Class 2 as defined in ANSI/ISEA 107-2004. In these cases, the garment must be rated by the manufacturer as greater than or exceeding Performance Class 1 requirements.

Subp. 2. Maintenance of garments.

If the high visibility personal protective equipment becomes faded, torn, dirty, worn, or defaced, reducing the equipment's performance below the manufacturer's recommendations, the high visibility personal protective equipment shall be immediately removed from service and replaced.

Subp. 3. Exception.

Where permanent or semipermanent barricades designed to stop or deflect vehicular traffic upon impact are in place to protect employees from moving motor vehicles, employees are not required to wear high visibility personal protective equipment while working inside these protected areas.

Subp. 4. Electrical work.

For work within the flash protection boundary as defined by NFPA 70E, high visibility garments constructed of material that complies with NFPA 70E shall be worn.

Subp. 5.

[Repealed, 31 SR 517]

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 25 SR 1241; 31 SR 517; 40 SR 750

Minn. R. 5207.0200 Ships Ladders

Subpart 1. Requirement.

Employers shall replace fixed and portable ladders with ships ladders whenever possible.

The angle of rise of ships ladders shall be between 50 and 60 degrees measured from the horizontal.

Subp. 2. Soffits.

Where ladders are located one above the other, soffits shall be enclosed except where solid treads and risers are provided.

Subp. 3. Treads.

Treads shall be uniformly spaced eight to 12 inches vertically. Tread surfaces other than steel grating shall be provided with skid resistance. Treads shall be flat steps that are a minimum of six inches wide and at least 24 inches long.

Subp. 4. Handrails.

Handrails shall be provided on both sides of ladders and shall be placed to run parallel with stringers and be positioned 12 to 14 inches measured vertically, from the stringers. Handrail diameters shall be 1-1/4 to 1-5/8 inches outside diameter. When ships ladders serve door entrances, handrails shall continue to the door.

Subp. 5. Stringers.

Ladder stringers shall be at least six inches in depth and permanently attached at terminations.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0210 Ships Ladders, Special Requirements

Ships ladders shall be provided in all buildings where mechanical equipment is located on the roof in order to make all equipment accessible to maintenance and inspection personnel. Ships ladders shall be placed at an angle between 50 and 60 degrees measured from the horizontal. The opening in ceilings and building roofs shall have a minimum area of nine square feet and a minimum width of two feet. No ships ladders shall be located in or pass through elevator shafts, elevator penthouses, or elevator machine rooms.

Inside a penthouse, handrails shall continue through ceiling and roof openings to a distance of 36 inches. A guardrail and intermediate rail shall be provided on all open sides with a substantial chain guard on the entrance.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0250 Walking, Working Surfaces

Subpart 1. Labeling floor or wall opening covers.

In those instances where floor or wall opening covers are used, they shall be labeled, "Floor Opening -- Do Not Remove," or "Wall Opening -- Do Not Remove" as applicable with lettering at least two inches in height.

Subp. 2. Displacement.

Floor or wall opening covers shall be secured against accidental displacement.

Subp. 3. Tripping and impaling hazards.

Where employees are exposed to tripping or impaling hazards caused by projecting conduit ends, reinforcing rods, pipe ends, or similar objects, these hazards shall be barricaded, guarded, or otherwise covered.

Subp. 4. Construction stairways.

In addition to the requirements of Code of Federal Regulations, title 29, section 1926.501, semifinished permanent stairways or temporary stairways to a second floor are to be in place before supports or structure to the sixth floor are raised. Similarly, the supports or structure on multifloored buildings shall never be more than five floors ahead of stairways.

A. On steel frame buildings, stairways shall extend to the uppermost floor that has been planked or decked. Ladders for access purposes may be used only above that point.

B. A second means of egress remote from the prime means of egress shall be provided, for emergency use, when any multifloored structure reaches the 30-foot level or the fourth floor.

C. Ladders which meet the requirements of Code of Federal Regulations, title 29, section 1926.450 may be used as a second means of egress.

Subp. 5.

[Repealed, 28 SR 1512]

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 28 SR 1512

Minn. R. 5207.0260 [Repealed, 22 SR 1162]

[Repealed, 22 SR 1162]

Minn. R. 5207.0300 Repealed by subpart

Subpart 1.

[Repealed, 42 SR 1015]

Subp. 2.

Statutory Authority: MS s 182.655
History: 12 SR 1754; 21 SR 1897

Minn. R. 5207.0320 Gas Fired Machines and Appliances

The flame of the gas pilot, burner, or burners in gas fired units shall be protected by a quick acting flame sensitive safeguard that will automatically shut off the fuel supply in case of pilot or burner failure.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0400 Cranes, Hoists, and Derricks

Subpart 1. Scope.

This part applies to any crane, hoist, or derrick having a maximum rated capacity of one ton or less; to railway and automobile wrecking cranes; skip hoists; hoistlike units used for horizontal pulling only; mine hoists; conveyors and shovels; drag line excavators; backhoes; and any equipment such as mobile scaffolds, towers, and platforms.

Subp. 2. General requirements.

Cranes, hoists, or derricks within the scope of this part shall meet the requirements of parts 5205.1200 to 5205.1210.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0410 [Repealed, 37 SR 1807]

[Repealed, 37 SR 1807]

Minn. R. 5207.0500 Enclosures at Construction or Engineering Projects

The ground actually occupied by the building construction operations or engineering project shall be shut off by an enclosure from places accessible to the public. The enclosure shall be such as to avoid any risk that might arise from the fall of any objects whatsoever. Places on the building site that are accessible to the workers shall be protected in a similar manner.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0510 Wells, Pits, Shafts, and Other Similar Spaces

All wells, pits, shafts, and other similar spaces shall be barricaded or covered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, and other similar spaces shall be backfilled.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0520 Warning Signs at Construction or Engineering Projects

Warning signs, or warning signs and red lights shall be conspicuously placed and maintained at all dangerous places on the job.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0530 Sidewalk Sheds

Whenever a building shall be erected or increased over two stories in height, or whenever a building of more than 25 feet in height is to be demolished upon any street of a municipality on which municipal regulations will not allow sidewalks to be blockaded, the owner, builder, or contractor constructing, repairing, or demolishing the building shall erect and maintain, during the period of construction and repair, a shed which shall extend over not less than one-half the width of the sidewalk and shall have a minimum width of three feet. The side wall toward the building shall be sealed with boards. The roof over the shed shall be constructed to support the approximate load carried, but in no case shall the planks on the roof be less than two inches thick or at least 3/4-inch plywood. The street side of the sidewalk shed shall have a hand and an intermediate rail.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0540 Lights at Sidewalk Sheds

Every sidewalk shed shall be kept in good repair, free from unnecessary obstruction, and properly lighted at night. The ends of the sidewalk shed walk shall be marked with red lights on the street side.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0600 Lockout Devices

Subpart 1. Electrical power disconnect.

Any main electrical power disconnect means which controls a source of power or material flow shall be locked out with a lockout device whenever employees are maintaining, cleaning, adjusting, or servicing machinery or equipment, if the disconnect is not in clear sight of the employee. A "Do Not Start" tag as described in Code of Federal Regulations, title 29, section 1910.145(f)(4), shall be affixed to all operating controls.

Subp. 2. Pneumatic and hydraulic lines.

The pressure shall be eliminated from any pneumatic and hydraulic lines that activate a mechanism or machine, and the valve holding back the activating substance shall be locked out before an employee works on that mechanism or machine.

Subp. 3. Spring tension mechanisms.

Mechanisms under spring tension or compression shall be blocked, clamped, secured in position, or the compression or tension totally relieved before being worked on by an employee.

Subp. 4. Suspended mechanisms.

Suspended mechanisms or parts that normally cycle through a lower position shall be lowered to the lowest position, and shall be clamped, blocked, or otherwise secured in position before being worked on by an employee.

Subp. 5. Individual lockouts.

Where more than one employee is engaged in working on machinery or equipment, each employee shall affix the employee's individual lockout device or lock to the disconnect switch or power supply.

Subp. 6. Exemption.

Utility companies, when working on lines and equipment, will be exempt from this standard but must comply with the requirements of Code of Federal Regulations, title 29, section 1926.950(d).

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 21 SR 1897

Minn. R. 5207.0610 Motor Start Button

The motor start button on machines with exposed points of operation, pinch points, or nip points shall be physically protected against unintended operation.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5207.0620 Machine Controls and Equipment

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5207.0630 Foot Actuated Machines

The treadle or pedal of foot actuated machines, tools, or equipment shall be physically protected to prevent unintended operation.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0700 Compressed Gas Containers

Valves on compressed gas containers shall be protected from damage while in use or storage.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0710 Pressure Hoses

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0720 Alteration of Tools and Equipment

All tools and equipment, whether powered or manually operated, shall be used only for their intended purpose. Tools and equipment shall not be altered, modified, or used for other than their intended purpose without the manufacturer's written approval, or unless under the direction of a competent person in accordance with accepted engineering requirements to prevent creating an additional hazard.

History

Statutory Authority: MS s 182.655
History: 12 SR 1754

Minn. R. 5207.0730 Lubrication of Moving Machinery

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0740 Scissor Point Protection

Scissor points on all rubber tired skid steer equipment including front end loaders shall be guarded to protect the operator.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.0800 Privies at Construction and Engineering Projects

Privies shall be provided on all construction and engineering projects. Privies shall be placed inside of heated buildings wherever possible to do so. Where privies are not placed inside of heated buildings, provisions shall be made for heating privies to a minimum of heat that can be emitted from the installation of a 1,300 watt heater or other type equivalent heater.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 21 SR 1897

Minn. R. 5207.0810 Jobsite Shelter

Subpart 1. Definitions.

"Suitable place" means an enclosed shed, designated area within a new or existing structure, or van, panel truck, or mobile home. A "worker day" is equivalent to one person working an eight-hour shift.

Subp. 2. Scope.

The provisions of this standard apply to those construction projects which have exceeded 30 worker days.

Subp. 3. Place to change and eat.

From November 1 to March 15 of each winter season, all construction jobs shall be provided with a suitable place for employees to change their clothes and eat their lunch.

Subp. 4. Size.

The size of jobsite shelters shall be based on the maximum number of employees using the room at one time. The minimum space requirements, in square feet per person, shall be determined by the values as shown below:

A. 25 or fewer employees, 13 square feet;

B. 26 to 74 employees, 12 square feet;

C. 75 to 149 employees, 11 square feet; and

D. 150 employees and over, ten square feet.

Subp. 5. Temperature.

Jobsite shelters shall be heated to a temperature of at least 50 degrees Fahrenheit during all periods when the shelter is occupied.

Subp. 6. Contaminated clothing storage.

If toxic or harmful substances are handled so that work clothes become contaminated, facilities shall be provided so that street clothes and work clothes will not be stored in contact with each other.

Subp. 7. Lighting.

Jobsite shelters shall be lighted with not less than ten footcandles of light.

Subp. 8. Crew mobility.

The requirements of this standard can be met by furnishing transportation to a reasonably convenient location which meets the other requirements of this standard.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 17 SR 1279

Minn. R. 5207.0850 Motorized Self-Propelled Vehicles

Subpart 1. Scope.

This part applies to all motorized, self-propelled vehicles used off the highway including industrial type trucks, crawler equipment, and rubber-tired vehicles. This part shall not apply to vehicles with less than a 20 horsepower motor.

Subp. 2. General requirements.

Motorized, self-propelled vehicles shall meet the requirements of Code of Federal Regulations, title 29, sections 1926.600, 1926.601, and 1926.602.

Subp. 3. Transportation of employees.

Vehicles being used to transport employees shall be equipped with a seating arrangement securely anchored, a rear-end gate, a guardrail and steps or a ladder for mounting and dismounting.

A. Under no circumstances shall any employee be allowed to ride in a standing position or with arms or legs outside of the vehicle body, or seated on the side fenders, cabs, cabshields, rear of vehicle, or on the load unless such a position is dictated by a job assignment.

B. No explosives, flammable materials, excepting normal fuel supply, or toxic substances shall be transported in the passenger carrying area of vehicles carrying employees.

C. No vehicle transporting employees shall be moved until the driver has ascertained that all employees are seated and required guardrails and end gates are in place and doors closed.

D. No employee shall be allowed to get on or off any vehicle while it is in motion.

Subp. 4. Vehicle inspection.

Code of Federal Regulations, title 29, section 1926.601(b)(14), shall apply to all vehicles covered in Code of Federal Regulations, title 29, section 1926.602.

History

Statutory Authority: MS s 182.655
History: 21 SR 1897

Minn. R. 5207.0900 Powered Industrial Truck Operations

Subpart 1. Restricted use.

All industrial trucks designed and constructed solely for use on solid hard level surfaces shall be restricted to such operations.

Subp. 2. Surface condition.

All solid hard level surfaces must be free of cracks, irregularities, or holes that could upset the balance of the industrial truck.

Subp. 3. Load positioning.

When a fork truck operator is positioning a load in an area that is not fully visible to the fork truck operator, the operator shall be assisted by a designated person who shall direct the safe placing of the load by using predetermined signals.

History

Statutory Authority: MS s 182.655
History: 12 SR 634; 21 SR 1897

Minn. R. 5207.0910 Servicing Multipiece and Single Piece Rim Wheels

Subpart 1. Scope.

This subpart applies to the servicing of multipiece and single piece rim wheels used on large vehicles such as trucks, tractors, off road machines, and similar vehicles used on construction sites. It does not apply to the servicing of rim wheels used on automobiles or pickup trucks and vans using automobile tires or truck tires designated "LT."

Subp. 2. General requirements.

Servicing of multipiece and single piece rim wheels on large vehicles on construction sites shall meet the requirements of Code of Federal Regulations, title 29, section 1910.177.

History

Statutory Authority: MS s 182.655
History: 12 SR 634

Minn. R. 5207.1000 Operation of Mobile Earth-Moving Equipment

Subpart 1. Scope.

This part identifies minimum safety requirements for the safe operation of mobile earth-moving equipment used for earth moving, building, or road construction or demolition, including, but not limited to, bulldozers, motor graders, scrapers, loaders, skid-steer loaders, compaction equipment, backhoes, end dumps, side dumps, and dump trucks. This part pertains to operators of the equipment and exposed employees, including, but not limited to, grade checkers, grade persons, rod persons, stake hops, stake jumpers, and blue toppers working in the area.

Subp. 2. Training requirements.

A. Mobile earth-moving equipment operators and all other employees working on the ground exposed to mobile earth-moving equipment shall be trained in the safe work procedures pertaining to mobile earth-moving equipment and in the recognition of unsafe or hazardous conditions.

B. Training programs shall be developed and instructed by competent individuals who have knowledge, training, experience, and the demonstrated ability to identify existing and predictable hazards related to the subject matter.

C. Training programs must include the following elements:

Subp. 3. Training frequency.

Employees shall be trained initially before beginning work that exposes them to mobile earth-moving equipment. Employee training records shall be retained by the employer for the duration of the project.

Subp. 4. High visibility personal protective equipment.

A. Each employee working on the ground who is exposed to mobile earth-moving equipment shall be provided with and required to wear a high visibility warning vest or other high visibility garments. A high visibility garment is defined as being a Performance Class 2 garment or greater as specified by ANSI/ISEA Standard 107-2004.

B. High visibility apparel, as described in item A, shall comply with the specifications in part 5207.0100.

Subp. 5. Equipment requirements.

A. All mobile earth-moving equipment shall comply with Code of Federal Regulations, title 29, part 1926.602(a)(9)(ii) for back-up alarms or signal persons if applicable.

B. When mobile earth-moving equipment is operated during times of darkness or low light conditions, the equipment, if designed to function equally in both forward and reverse directions, such as compaction equipment, bulldozers, motor graders, loaders, and skid-steer loaders, shall be equipped with at least two headlights for forward travel and adequate rear lights for reverse travel unless other adequate lighting is provided.

Subp. 6. Contractor responsibility.

A. If the mobile earth-moving equipment contractor exposes other contractor's employees to the hazard of mobile earth-moving equipment, the controlling employer, such as general contractor or construction manager, for the project shall coordinate a joint contractor-employee safety awareness meeting between contractors and employees on site. Discussion elements for employee awareness training can be found in subparts 2, item C; and 4.

B. The employee safety awareness meeting shall be documented, identifying when the meeting was held and who attended, including a brief summary of what was reviewed. Documentation shall be retained for the duration of the project.

Subp. 7. Electrical work.

For work within the flash protection boundary as defined by NFPA 70E, high visibility garments constructed of material that complies with NFPA 70E may be worn.

Subp. 8.

[Repealed, 31 SR 517]

History

Statutory Authority: MS s 182.655
History: 24 SR 519; 25 SR 1241; 31 SR 517; 40 SR 750

Minn. R. 5207.1100 Elevating Work Platform Equipment

Subpart 1. Scope.

Subp. 2. Fall protection.

An employee, while occupying a boom-supported elevated work platform or a personnel elevating platform supported by a rough-terrain forklift truck, shall be protected from falling by the use of personal fall arrest systems that meet the requirements of Code of Federal Regulations, title 29, section 1926.502 (d), or positioning device systems that meet the requirements of Code of Federal Regulations, title 29, section 1926. 502 (e).

History

Statutory Authority: MS s 182.655
History: 33 SR 772

Chapter 5208 ACCIDENT AND INJURY REDUCTION PROGRAM

Minn. R. 5208.0010 Applicability

Every employer required by Minnesota Statutes, section 182.676, to establish and administer a joint labor-management safety and health committee shall comply with the requirements of this part. If the size of the employer's work force fluctuates, the employer is required to have a safety and health committee during the periods when more than 25 employees are employed.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0020 Location

If an employer required to establish a safety and health committee operates at more than one location, the employer shall establish a safety and health committee at each of its establishments at which 50 or more employees work. Multiple buildings in a reasonably close proximity engaged in a common enterprise such as a college campus may be considered to be a single establishment. If work is performed at other locations, one or more centralized safety and health committees representing the safety and health concerns of these other locations shall be established. At a site where the employees of more than one employer work, a multiemployer committee may be used to satisfy the requirements of this part. If an industrywide safety committee has been established pursuant to a collective bargaining agreement, it will satisfy the requirements of this part.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0030 Membership

Employee representatives on safety and health committees shall be selected by the employee's collective bargaining agent if one exists. If more than one union has the right to select employee representatives for a safety and health committee, they shall collectively select the employee representatives. It is not necessary that the committee contain enough employee representatives to enable each union to be represented on the committee. If there is no collective bargaining agent, the employee representatives shall be selected by their peers. In the absence of volunteers, the employer may select the employee representatives. The number of employee representatives on a safety and health committee shall equal or exceed the number of management representatives on the committee. Unless a collective bargaining agreement provides to the contrary, being a member of a safety and health committee is considered part of an employee's job, and time spent performing the duties of a safety and health committee member shall be considered as time worked.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0040 Safety Surveys

The safety and health committees for any employer that has a workers' compensation insurance experience modification factor of 1.4 or greater or has a workers' compensation premium rate of $30 or more per $100 of payroll assigned to the greatest portion of the payroll for the employer shall conduct workplace safety and health surveys at each of the employer's workplaces at least quarterly. The safety and health committees of all other employers shall conduct workplace safety and health inspections as frequently as the committee considers necessary. On the request of a member of a safety and health committee, the commissioner of the Department of Labor and Industry shall order the employer to have surveys conducted more frequently if the commissioner determines that to do so would result in a substantially safer workplace. The employer shall keep a record of all hazards identified by and recommendations made by the safety and health committee.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0050 Other Duties and Records

The safety and health committee shall establish a system to obtain safety-related suggestions, reports of hazards, and other information from all persons involved in the operations of their workplace. The safety and health committee shall review and make recommendations about the employer's occupational safety and health program and occupational safety and health records. The safety and health committee shall review incidents resulting in work-related deaths, injuries, and illnesses and make recommendations to prevent further occurrences. The committee's review of these incidents may be limited to a review of a report made by others who have investigated the incident. The employer shall provide materials and facilities to the safety and health committee to enable it to perform its duties. All safety and health committee recommendations or reports made to the employer shall be kept by the employer for two years and shall be provided to the commissioner of the Department of Labor and Industry on the commissioner's request.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0060 Discrimination

An employee who is discharged or otherwise discriminated against because the employee has reported a safety hazard to the safety and health committee is subject to the protection afforded under Minnesota Statutes, section 182.669.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0070 Alternative Forms of Committee

An employer may comply with this part by establishing a safety and health committee that is innovative or different in form or function if the committee satisfies the intent of Minnesota Statutes, section 182.676. A safety and health committee that is established under a collective bargaining agreement is considered to be in compliance with the requirements of this part and is exempt from the specific requirements of this part. A safety and health committee that is established as a part of a workplace accident and injury reduction program under Minnesota Statutes, section 182.653, that has substantial employee involvement is considered to be in compliance with the requirements of this part and is exempt from the specific requirements of this part.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0080 Insurer's Duties

An insurer that writes workers' compensation insurance in Minnesota shall have the capability to provide information on the operation of safety and health committees and hazard recognition for the employers it insures. This information must be provided within a reasonable time in a reasonable manner when requested by an insured. For purposes of this part, an administrator under Minnesota Statutes, section 79.251, subdivision 4, who provides administrative services for policies or contracts of coverage under the assigned risk plan is considered an insurance company.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.0090 Application to Independent Contractors

For the purposes of this part, an "employee" includes an independent contractor engaged in construction activities and a person who has contracted with an independent contractor to supply construction services.

History

Statutory Authority: MS s 182.655
History: 23 SR 2060

Minn. R. 5208.1500 Standard Industrial Classification List for Awair

Employers in the North American Industry classifications listed in this part must comply with Minnesota Statutes, section 182.653, subdivision 8. The North American Industry classifications in this part are those defined by the Office of Management and Budget published in the North American Industry Classification System, 2022 edition.

A. Agriculture, forestry, fishing, and hunting:

B. Utilities:

C. Construction:

D. Manufacturing:

E. Wholesale trade:

F. Retail trade:

G. Transportation and warehousing:

H. Real estate and rental and leasing:

I. Administrative and support and waste management and remediation services:

J. Educational services:

K. Health care and social assistance:

L. Arts, entertainment, and recreation:

M. Other services, except public administration:

N. Public administration:

History

Statutory Authority: MS s 14.386; 182.655
History: 23 SR 2060; 25 SR 31; 27 SR 262; 29 SR 381; 31 SR 517; 33 SR 772; 35 SR 801; 37 SR 906; L 2013 c 59 art 3 s 21; 39 SR 969; 44 SR 865; 49 SR 1053

Chapter 5210 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

Minn. R. 5210.0005 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms have the meanings given them.

Subp. 2. Act.

"Act" means the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes, chapter 182.

Subp. 3. Administrative law judge.

"Administrative law judge" means a person assigned by the chief administrative law judge under Minnesota Statutes, section 14.50, to hear a contested case.

Subp. 4. Affected employee.

"Affected employee" has the meaning given it in Minnesota Statutes, section 182.651.

Subp. 5. Authorized employee representative.

"Authorized employee representative" has the meaning given it in Minnesota Statutes, section 182.651.

Subp. 6. Board.

"Board" means the Occupational Safety and Health Review Board established pursuant to Minnesota Statutes, section 182.664.

Subp. 7. Citation and notification of penalty.

"Citation and notification of penalty" means the citation and notification of penalty form prescribed by the commissioner and issued to the employer under Minnesota Statutes, sections 182.66 and 182.661, subdivision 1.

Subp. 8. Commissioner.

"Commissioner" has the meaning given it in Minnesota Statutes, section 182.651.

Subp. 9. Days.

"Days" means calendar days unless otherwise provided.

Subp. 10. Employee.

"Employee" has the meaning given it in Minnesota Statutes, section 182.651.

Subp. 11. Employer.

"Employer" has the meaning given it in Minnesota Statutes, section 182.651.

Subp. 12. Investigation or inspection.

"Investigation" or "inspection" means the actions taken by the commissioner, including examination, observation, inquiry, and analysis, to determine whether violations of the act or of standards, rules, or orders adopted by the commissioner under the authority of the act, exist at a place of employment and includes, but is not limited to, the physical inspection of the place of employment.

Subp. 13. Investigator.

"Investigator" means an occupational safety and health investigator or investigators authorized by the commissioner of labor and industry to conduct occupational safety and health investigations under Minnesota Statutes, chapter 182.

Subp. 14. Letter of contest.

"Letter of contest" means a written communication filed with the commissioner by an employee or authorized employee representative contesting the citation and notification of penalty or the notification of failure to abate.

Subp. 15. Notice of contest.

"Notice of contest" means the notice of contest and service to affected employees form prescribed by the commissioner under part 5210.0533.

Subp. 16. Notification of failure to abate.

"Notification of failure to abate" means the notification of failure to abate and proposed additional penalty form prescribed by the commissioner and issued to the employer under Minnesota Statutes, section 182.661, subdivision 2.

Subp. 17. Person.

"Person" has the meaning given it in Minnesota Statutes, section 182.651.

Subp. 18. Proceeding.

"Proceeding" means any proceeding before the board or before an administrative law judge.

Subp. 19. Respondent.

"Respondent" has the meaning given it in Minnesota Statutes, section 182.651.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0007 Filing

Subpart 1. Filing by mail and personal delivery.

Filing of documents required by this chapter or Minnesota Statutes, chapter 182, may be accomplished by postage prepaid first class mail or personal delivery. Filing is timely if the document is deposited in the United States mail and postmarked within the time fixed for filing. Filing is effective on the postmark date or the date of personal delivery.

Subp. 2. Filing by facsimile.

Documents may be filed by facsimile. Filing is completed at the time that the facsimile is received by the commissioner and has the same force and effect as the original. A faxed document will not be considered filed unless all pages are successfully transmitted via facsimile. Documents received by facsimile after 4:30 p.m. are deemed filed on the next day.

Subp. 2a. Filing electronically.

Notices of contest and letters of contest under parts 5210.0536 and 5210.0539 and progress reports and other abatement documentation under part 5210.0532, subpart 2, item C, may be filed electronically by email or other reliable method of electronic transmission. Filing is completed at the time that the electronic transmission is received by the commissioner and has the same force and effect as the original. An electronically transmitted document will not be considered filed unless all pages are successfully transmitted electronically. Documents received electronically after 4:30 p.m. are deemed filed on the next business day.

Subp. 3. Time computation.

In computing any period of time prescribed or allowed by this chapter or Minnesota Statutes, chapter 182, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

History

Statutory Authority: MS s 182.657
History: 22 SR 1758; 38 SR 1345

Minn. R. 5210.0010 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0020 Scope

Parts 5210.0020 to 5210.0100 set forth procedures for adopting, modifying, or revoking occupational safety and health standards under Minnesota Statutes, section 182.655.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0030 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0040 Petition for Adoption, Modification, or Revocation of a Standard

Any interested person may file with the commissioner, a written petition for the adoption, modification, or revocation of a standard. The petition should include, or be accompanied by, the proposed standard, a statement of the intended effect, and the reasons for the standard.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0050 Initiation

The commissioner shall initiate adoption of a standard by publishing in the State Register a notice of proposed rulemaking. The notice shall include:

A. the terms of the proposed rule;

B. a reference to the act and to the appropriate section of any statute applicable to the employments affected by the rule;

C. notification to interested persons of their right to submit, within 30 days after publication of the notice, written data, comments, or objections, which shall be available for public inspection and copying, except information, the disclosure of which is prohibited by law;

D. notification to interested persons that they may request a public hearing on their objections within 30 days after publication of the notice; and

E. any other appropriate provisions with regard to the proceeding.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0060 Objections

Subpart 1. Conditions.

Objections submitted pursuant to part 5210.0050 must comply with the following conditions:

A. the objections must include the name and address of the objecting party;

B. the objections must be postmarked on or before the 30th day after the publication of the notice of proposed rulemaking;

C. the objections must specify the provision of the proposed rule to which objection is made, and must state the reasons for the objections; and

D. each objection must be separately stated and numbered.

Subp. 2. Notice of public hearing.

Within 30 days after the last day for filing objections, if 25 or more persons request a public hearing, the commissioner shall, and in any other case may, publish in the State Register a notice of a public hearing. The notice must contain:

A. a statement of the time, place, and nature of the hearing;

B. a reference to the authority under which the hearing is to be held;

C. a specification of the provisions of the proposed rule which have been objected to, and on which a hearing has been requested;

D. a specification of the issues to be discussed at the hearing;

E. the requirement for interested persons to file a notice of intention to appear at the hearing together with a statement of the position to be taken with regard to the issues and of the evidence to be presented in support of the position;

F. the designation of a presiding officer to conduct the hearing; and

G. any other appropriate provisions with regard to the proceeding.

Subp. 3. Participants.

Any objecting party requesting a hearing on a proposed standard, and any interested person who files a proper intention to appear, shall be entitled to testify at a hearing.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758

Minn. R. 5210.0070 Conduct of Hearing

The hearing shall be legislative in type. However, fairness may require an opportunity for cross-examination on crucial issues. The presiding officer, who shall be an administrative law judge, is empowered to permit cross-examination under such circumstances. The intent of the hearing is to provide an opportunity for effective oral presentation by participants which can be carried out expeditiously.

The hearing shall be reported verbatim, and a transcript shall be available to any interested person on such terms as the presiding officer may provide.

History

Statutory Authority: MS s 182.657
History: L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5210.0080 Powers of Presiding Officer

The officer presiding at a hearing shall have all the powers necessary or appropriate to conduct a fair and full hearing, including the powers:

A. to regulate the course of the proceedings;

B. to dispose of procedural requests, objections, and comparable matters;

C. to confine the presentations to the issues specified in the notice of hearing, or, where no issues are specified, to matters pertinent to the proposed rule;

D. to regulate the conduct of those present at the hearing by appropriate means;

E. to permit cross-examination of any witness;

F. to take official notice of material facts not appearing in the evidence in the record, so long as parties are entitled, on timely request, to an opportunity to show the contrary; and

G. to keep the record open for a reasonable stated time, to receive written recommendations, and supporting reasons, and additional data, views, and arguments from any person who has participated in the oral proceeding.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0090 Certification of Hearing Record

Upon completion of the oral presentations, a certified transcript of the hearing, together with written submissions on the proposed rule, exhibits filed during the hearing, and all posthearing comments, recommendations, and supporting reasons shall be transmitted to the commissioner.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0100 Decision

Subpart 1. Publication of determination.

Within 60 days after the expiration of the period provided for the submission of written data, views, and arguments on a proposed rule on which no hearing is held, or within 60 days after the certification of the record of a hearing, the commissioner shall publish in the State Register either an appropriate rule adopting, modifying, or revoking a standard, or a determination that the rule should not be issued. The action of the commissioner shall be taken after consideration of all relevant matter presented in written submissions and in any hearings held under parts 5210.0020 to 5210.0100.

Subp. 2. Additional comments.

A determination that a rule should not be issued on the basis of existing relevant matter may be accompanied by an invitation for the submission of additional data, views, or arguments from interested persons on the issue or issues involved. An appropriate rule or other determination shall be made within 60 days following the end of the period allowed for the submission of the additional comments.

Subp. 3. Statement of basis and purpose.

Any rule or standard adopted under subparts 1 and 2 shall incorporate a concise general statement of its basis and purpose. Although the statement is not required to include specific and detailed findings and conclusions, it shall show the significant issues which have been faced, and shall articulate the rationale for their solution.

Subp. 4.

[Repealed, 20 SR 2428]

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0150 Incorporation by Reference of Federal Standards

Federal Occupational Safety and Health Standard 1910.20, Access to Employee Exposure and Medical Records, Code of Federal Regulations, title 29, as published at Federal Register, volume 53, number 189, on September 29, 1988; the clarification published at Federal Register, volume 55, number 125, on June 28, 1990; and the redesignation of this standard as section 1910.1020 as published at Federal Register, Volume 61, number 120, June 20, 1996, are adopted by reference.

Revisions to Code of Federal Regulations, title 29, section 1910, subpart T (Commercial Diving Operations) and subpart Z (Toxic and Hazardous Substances) adopted by the Federal Occupational Safety and Health Administration on May 23, 1980, and published at Federal Register, volume 45, number 102, pages 35281 to 35284 are adopted by reference.

History

Statutory Authority: MS s 182.657
History: 17 SR 2156; 22 SR 1758

Minn. R. 5210.0160 Modified Definition

The terms "Assistant Secretary of Labor for Occupational Safety and Health" and "assistant secretary" as used in Code of Federal Regulations, title 29, section 1910.1020, shall mean the commissioner of the Department of Labor and Industry for the purpose of part 5210.0150.

History

Statutory Authority: MS s 182.657
History: 22 SR 1758

Minn. R. 5210.0200 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0210 Purpose and Scope

Parts 5210.0210 to 5210.0340 establish general policies for enforcement of Minnesota Statutes, sections 182.654, subdivisions 9 and 11, and 182.669, which prohibit the discharge of or discrimination against an employee who exercises any rights granted under the act on the employee's behalf or on behalf of others.

History

Statutory Authority: MS s 182.657
History: 9 SR 56; 20 SR 2428

Minn. R. 5210.0300 Participation in Protected Activities

If the participation by an employee in an activity protected by the act or the exercise by an employee on behalf of the employee or others of any right granted under the act was a substantial causative factor entering into a person's decision to discharge an employee or take other adverse action against an employee, the person has committed a discriminatory action in violation of the act.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0310 Claim Procedures

Subpart 1. Who may file.

A complaint alleging discrimination under Minnesota Statutes, sections 182.654, subdivisions 9 and 11, and 182.669 may be filed by an employee or an authorized employee representative.

Subp. 2. Manner of filing.

The complaint may be filed, either orally or in writing, with the commissioner. Written complaints must be filed according to part 5210.0007.

Subp. 3.

[Repealed, 20 SR 2428]

Subp. 4.

[Repealed, 20 SR 2428]

History

Statutory Authority: MS s 182.657
History: 9 SR 56; 17 SR 1279; 20 SR 2428; 22 SR 1758

Minn. R. 5210.0320 Deferral of Action on Discrimination Complaint

The commissioner may defer action on a discrimination complaint filed concurrently with the Department of Labor and Industry and another agency until a determination by the other agency has been made if the rights asserted in the other proceeding are substantially the same as rights granted under the act and the other proceeding will not violate the rights guaranteed by the act.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0330 Accepting Other Decisions as Final Determination

The commissioner may accept the results of other proceedings as a final determination of a discrimination complaint if those proceedings dealt adequately with substantially all of the factual and legal issues; were fair, impartial, and valid; and the outcome of the proceedings is not contradictory to the purpose of the act.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0340 Enforcement Proceedings

Subpart 1.

[Repealed, 20 SR 2428]

Subp. 2. Settlement.

If the commissioner determines that a discriminatory act has been committed against an employee, the commissioner may enter into a settlement rather than proceeding with an administrative hearing.

Subp. 3. Complaint withdrawal.

An employee may withdraw a discrimination complaint at any point following the initial submission.

Subp. 4. Independent commissioner action.

If an employee voluntarily withdraws a discrimination complaint, the commissioner may decide to proceed with an investigation on the commissioner's own if the commissioner believes a discriminatory act has been committed.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0400 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0410 Purpose

The purpose of parts 5210.0410 to 5210.0542 is to prescribe rules and set forth general policies for enforcement of the act.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0420 Required Postings

Subpart 1. OSHA poster.

Each employer shall post and keep posted the "Safety and Health Protection on the Job" poster issued by the Department of Labor and Industry, informing employees of the protections and obligations provided for in the act. The poster must direct employees to contact the employer or the Department of Labor and Industry for assistance and information, including copies of the act and of specific safety and health standards. The poster shall be posted by the employer in each place of employment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to ensure that the posters are not altered, defaced, or covered by other material.

Subp. 2. Complaints.

An employer who receives written notification, by fax or mail, from the commissioner indicating that the commissioner has received a complaint alleging that occupational safety or health hazards exist at the employer's work site, must post a copy of the commissioner's written notification and the employer's response, if any, in a conspicuous place or places where notices to employees are customarily posted. The employer shall take steps to ensure that the notification and response are not altered, defaced, or covered by other material. The notification and response shall remain posted for 15 days.

Subp. 3. Citation and notification of penalty.

Upon receipt of a citation and notification of penalty or notification of failure to abate, the employer must post the citation and notification of penalty or notification of failure to abate according to part 5210.0530, subparts 3 and 4.

Subp. 4. Abatement certification.

The employer must post abatement certification documents according to part 5210.0532, subpart 4.

Subp. 5. Employer notice of contest.

The employer must post an employer's notice of contest according to part 5210.0536, subpart 1.

Subp. 6. Employee notice of contest.

The employer must post a copy of the employee notice of contest form, immediately upon receipt of an employee's or authorized employee representative's notice of contest, according to part 5210.0539, subpart 1.

Subp. 7. Notice of hearing.

The employer must post a copy of the notice of hearing before an administrative law judge according to part 5210.0595, subpart 2.

Subp. 8. Settlement agreement.

The employer must post a settlement agreement according to part 5210.0596, subpart 1.

Subp. 9. Petition for modification of abatement date.

The employer must post a petition for modification of abatement date according to part 5210.0542, subpart 4. A copy of the approval or denial of the petition must be posted with the petition and the citation according to part 5210.0542, subpart 6.

Subp. 10. Annual summary of occupational injuries and illnesses.

Employers required to maintain the log of occupational injuries and illnesses must post an annual summary according to part 5210.0650, subpart 4.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758

Minn. R. 5210.0430 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0440 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0450 Objection to Investigation

Upon a refusal to permit an occupational safety and health investigator, in the exercise of official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect and investigate, to review documents, or to question privately any employer, owner, operator, agent, or employee, or to permit a representative of employees to accompany the investigator during the physical inspection of any place of employment, the investigator shall terminate the investigation or confine the investigation to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, documents, or interviews concerning which no objection is raised. The investigator shall endeavor to ascertain the reason for the refusal, and shall immediately report the refusal and the reason for the refusal to the commissioner.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0460 Waiver Not Implied

Permission to enter, inspect and investigate, review documents, or question any person, shall not imply or be conditioned upon a waiver of any cause of action, citation, or penalty under the act. Investigators are not authorized to grant waivers.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0470 Investigations

Subpart 1. Opening conference; investigator's conduct.

The investigators shall present their credentials to the owner, operator, or agent in charge at the place of employment at the earliest opportunity upon entering the place of employment; and conduct an opening conference during which the investigator shall explain the nature and purpose of the investigation; and indicate generally the scope of the physical inspection and the documents which they wish to review. However, such designation of documents shall not preclude review of additional documents.

Subp. 2. Investigator's authority.

The investigator shall have the authority to take samples, conduct tests, and take or obtain photographs and videotapes, make or obtain copies of documents, and employ other investigative techniques related to the purpose of the investigation.

Subp. 3.

[Repealed, 20 SR 2428]

Subp. 4.

[Repealed, 20 SR 2428]

Subp. 5. Closing conference.

At the conclusion of an investigation, the investigator shall confer with the employer or the employer's representative and describe apparent safety or health violations disclosed by the investigation. During this conference, the employer shall be afforded an opportunity to bring to the attention of the investigator pertinent information regarding conditions in the workplace.

Subp. 6.

[Repealed, 20 SR 2428]

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0480 Representatives of Employers and Employees to Accompany Investigators

Subpart 1. Accompanying the investigator.

The investigator shall be in charge of all aspects of an investigation. A representative of the employer and a representative authorized by the employees shall be given an opportunity to accompany the investigator during the physical inspection of the workplace for the purpose of aiding the investigation. An investigator may permit additional employer representatives and additional representatives authorized by employees to accompany the investigator where the investigator determines that additional representatives will aid the investigation. A different employer and employee representative may accompany the investigator during different phases of a physical inspection if the investigator determines that this will not interfere with the conduct of the investigation.

The representative authorized by employees shall be an employee of the employer.

Subp. 2. Denial of right to accompany.

The investigator is authorized to deny the right of accompaniment under this part to any person whose conduct interferes with a fair and orderly investigation. The right of accompaniment in areas containing trade secrets shall be subject to Minnesota Statutes, section 182.668.

Subp. 3. Identification of representatives.

The investigator has authority to resolve all disputes as to who are the representatives authorized by the employer and employees for the purpose of this part. If there is no representative authorized by employees, or if the investigator is unable to determine with reasonable certainty who is the employee representative, a reasonable number of employees shall be consulted by the investigator concerning matters of safety and health in the workplace.

History

Statutory Authority: MS s 182.657; 182.659
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0490 Consultation with Employer and Employees

The investigator may consult with employees concerning matters of occupational safety and health to the extent the investigator deems necessary for the conduct of an effective and thorough investigation. During the course of an investigation, employees shall be afforded an opportunity to bring any violation of the act which the employees have reason to believe exists in the workplace to the attention of the investigator.

The representative authorized by employees shall be given the opportunity to participate in the opening and closing conferences. The investigator shall hold a private conference with either the employee representative or the employer at either's request.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0500 Employee Rights During Investigation

No employee as a consequence of aiding in an investigation shall lose any privilege or payment that the employee would otherwise earn, the loss being a discriminatory act subject to the sanctions contained in Minnesota Statutes, section 182.669. An employee taking part in the physical inspection is entitled to the employee's regular pay for the time spent in the physical inspection and the opening and closing conferences.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0510 Trade Secrets

At the commencement of a physical inspection, the employer may identify areas in the place of employment which contain or which might reveal a trade secret. If the investigator has no reason to question such identification, information obtained in these areas, including all negatives and prints of photographs, and environmental samples, shall be labeled "Confidential - Trade Secret" and shall not be disclosed except in accordance with Minnesota Statutes, section 182.668.

Upon the request of an employer, a representative authorized by employees in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no representative authorized by employees working in that area or an employee authorized by the employer to enter the area, the investigator shall consult with a reasonable number of employees working in that area concerning matters of safety and health.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0520 Investigation Not Warranted; Informal Review

If the commissioner determines that a citation will not be issued or that an investigation is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint filed under Minnesota Statutes, section 182.659, subdivisions 4 and 5, the commissioner shall notify the complaining party in writing of that determination. The complaining party may request an informal review of the determination by submitting a written statement of position to the commissioner and, at the same time, providing the employer with a copy of the statement by certified mail unless the complaining party has requested anonymity when filing the complaint. If the complaining party has requested anonymity when filing the complaint, the commissioner shall summarize the complaining party's written statement leaving out the complaining party's identity and provide the employer with a copy of the summary by certified mail. The employer may submit an opposing written statement of position to the commissioner and, at the same time, provide the complaining party with a copy of the statement by certified mail unless the employer has received a summary of the complaining party's written statement of position. If the employer has received the summary, the commissioner shall provide the complaining party with a copy of the employer's opposing statement by certified mail. Upon the request of the employee or the employer, the commissioner may hold an informal conference or conferences in which the complaining party and the employer may orally present their views together or separately. After considering all written and oral views presented, the commissioner shall affirm, modify, or reverse the determination and furnish the complaining party and the employer a written notification of the decision and the reasons for the decision.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0530 Citations; Posting

Subpart 1. Issuance.

The commissioner shall review the investigation report of the investigator. If on the basis of the report the commissioner believes that the employer has violated a requirement of Minnesota Statutes, section 182.653, or any standard, rule, or order adopted under the act, the commissioner shall issue to the employer either a citation and notification of penalty or a notification of failure to abate. A copy of the citation and notification of penalty or notification of failure to abate shall also be mailed to:

A. the authorized employee representative and, in the case of the death of an employee, to the next of kin if requested by the next of kin; and

B. the complainant in a complaint inspection. A citation and notification of penalty or notification of failure to abate shall be issued even though, after being informed of an alleged violation by the investigator, the employer immediately abates or initiates steps to abate the alleged violation. A citation and notification of penalty or notification of failure to abate shall be issued with reasonable promptness and in no event later than six months following the completion of the investigation of the alleged violation.

Subp. 2. Contents.

A. A citation and notification of penalty shall describe with particularity the nature of the alleged violation, including a reference to the provisions of the act, standard, rule, or order alleged to have been violated. A citation and notification of penalty shall also fix a reasonable time or times for the abatement of the alleged violation.

B. A notification of failure to abate shall reference the original citation and standard which the employer has allegedly failed to abate, the date by which the original citation was to have been abated, and the amount of the additional penalty issued by the commissioner under Minnesota Statutes, section 182.661, subdivision 2.

Subp. 3. Employer's duty to post.

Upon receipt of a citation and notification of penalty or notification of failure to abate, the employer shall immediately post the citation and notification of penalty or notification of failure to abate, or an unedited copy, at or near each place an alleged violation referred to in the citation occurred, except as provided in this subpart. If, because of the nature of the employer's operations, it is not practicable to post the citation and notification of penalty or notification of failure to abate at or near each place of alleged violation, the unedited citation and notification of penalty or notification of failure to abate shall be posted in a prominent place where it will be readily observable by all affected employees. If the employer is engaged in activities that are physically dispersed, the citation and notification of penalty or notification of failure to abate shall be posted at the location to which affected employees report each day. Where affected employees do not primarily work at or report to a single location, the citation and notification of penalty or notification of failure to abate shall be posted at the locations from which the affected employees operate to carry out their activities. The employer shall take steps to ensure that the citation and notification of penalty or notification of failure to abate are not altered, defaced, or covered by other material.

Subp. 4. Posting time.

Each uncontested citation and notification of penalty or uncontested notification of failure to abate, or an unedited copy, shall remain posted until the violation has been abated, or for 20 days, whichever is later. The filing by the employer, an employee, or an authorized employee representative of a notice of contest or letter of contest extends the employer's posting responsibility under this part until the contest is resolved through settlement agreement or other final disposition. If the contest is resolved through settlement agreement, the citation and notification of penalty or notification of failure to abate, or unedited copy, shall remain posted with the settlement agreement as required in part 5210.0596.

Subp. 5. Noncompliance.

An employer that fails to comply with subparts 3 and 4 shall be subject to citation and penalty according to Minnesota Statutes, section 182.666, subdivision 5.

History

Statutory Authority: MS s 182.657; 182.66
History: 17 SR 1279; 20 SR 2428; 22 SR 1758; 41 SR 337

Minn. R. 5210.0532 Abatement Verification

Subpart 1. Scope and application.

This part applies to employers who receive a citation for a violation of the act and establishes procedures to ensure that employers who have been cited for workplace hazards have abated those hazards.

Subp. 2. Abatement certification.

The employer must certify to the commissioner that each cited violation not immediately corrected has been abated. Abatement certification shall be submitted within 30 days after receipt of the citation or by the latest abatement date, whichever is earlier. For violations with abatement periods longer than 30 days, the employer must submit additional progress reports every 30 days until all cited violations have been abated, unless otherwise specified in the citation.

A. Abatement certification shall be submitted on the progress report form provided by the commissioner, or a similar alternative format. A fully completed progress report must include the following information:

B. If the anticipated completion date is beyond the abatement date established in the citation, the employer must submit a written Petition for Modification of Abatement Date as required by part 5210.0542 to request an extension of the time allowed for abatement.

C. Progress reports and other abatement documentation shall be submitted according to part 5210.0007.

D. The employer is not required to certify abatement if the investigator, during the on-site portion of the investigation, observes, within 24 hours after a violation is identified, that abatement has occurred and notes in the citation that abatement has occurred.

Subp. 3. Abatement documentation.

In addition to the information required in subpart 2, the employer must submit documents demonstrating that abatement is complete for any violation for which the citation indicates that such abatement documentation is required. Documents demonstrating that abatement is complete include, but are not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records.

Subp. 4. Employee notification.

The employer must inform affected employees and their representatives about abatement activities covered by this part by posting a copy of each progress report submitted to the commissioner where the citation and notification of penalty or notification of failure to abate is required to be posted by part 5210.0530, subpart 3.

The employer must ensure that notice to employees and employee representatives is provided at the same time, or before, the information is provided to the commissioner and that abatement documents are not altered, defaced, or covered by other material and remain posted for 15 days after submission to the commissioner.

Subp. 5. Movable equipment.

For serious, repeat, and willful violations involving equipment moved within the work site or between work sites, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of the equipment. Attaching a copy of the citation to the equipment meets the tagging requirements of this subpart and the posting requirements of subpart 4.

A. The employer must use a warning tag that identifies the equipment cited, properly warns employees about the nature of the violation involving the equipment, and identifies the location where a copy of the citation is posted.

B. If the violation has not already been abated, a warning tag or copy of the citation must be attached to the equipment:

C. For the construction industry, a tag that is designed and used according to Code of Federal Regulations, title 29, sections 1926.20(b)(3) and 1926.200(h), meets the requirements of this subpart when the information required by item A is included on the tag.

D. The employer must ensure that the tag or copy of the citation attached to the movable equipment is not altered, defaced, or covered by other material.

E. The employer must ensure that the tag or copy of the citation attached to movable equipment remains attached until:

History

Statutory Authority: MS s 182.657
History: 22 SR 1758

Minn. R. 5210.0533 Notice of Contest and Certification of Service

A contest of a citation and notification of penalty or of a notification of failure to abate shall be filed with the commissioner on the notice of contest form provided by the commissioner. The commissioner shall accept as filed only a fully completed notice of contest form. A fully completed notice of contest form must provide the following information:

A. the employer's name and address;

B. the inspection number for the citation and notification of penalty or the reinspection number for the notification of failure to abate;

C. identification of each citation and item contested and for each citation and item contested, identification of each part of the citation and item contested. Those citations and items not contested and those parts of citations and items not contested shall become a final order of the commissioner not reviewable by any court or agency.

D. a statement of the contesting party's reasons for contesting each citation and item;

E. certification that the notice was served upon the authorized employee representatives, if any, and the employer, if it is an employee or authorized employee representative contest, and that it was posted where the citations and notifications of penalty are required by part 5210.0530, subpart 3, to be posted; and

F. a notarized sworn statement by the contesting party that the information provided is accurate and truthful to the best of the contesting party's knowledge.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0536 Employer Contest

Subpart 1. Posting and service.

A. The employer shall, on or before the date a notice of contest is required to be filed with the commissioner, post a copy of the notice of contest form where the citation and notification of penalty or notification of failure to abate is required to be posted. The notice of contest form must remain posted until the date of the hearing or earlier final disposition of the contest.

B. If there are any affected employees who are represented by an authorized employee representative, the employer shall, on or before the date a notice of contest is required to be filed with the commissioner, serve a copy of the notice of contest form upon the representative.

C. Certification of the service and posting required by this subpart must be notarized and filed with the commissioner as provided on the notice of contest form.

Subp. 2. Filing.

The notice of contest form must be filed within 20 calendar days of the date the employer receives the citation and notification of penalty or notification of failure to abate. The day the notice of contest form is received shall not be included in calculating the 20 calendar days. The last day of the 20-day period shall be included, unless it is a Saturday, Sunday, or state holiday, in which event the period runs until the next day which is not a Saturday, Sunday, or state holiday. A notice of contest form may be filed with the commissioner by postage prepaid first class mail, personal delivery, facsimile, or electronic transmission according to part 5210.0007. If the notice of contest form is not posted, served, and filed within 20 days of the date the employer receives the citation and notification of penalty or notification of failure to abate, the citation and notification of penalty or notification of failure to abate become a final order of the commissioner and is not subject to review by any court or agency.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758; 38 SR 1345

Minn. R. 5210.0539 Employee and Authorized Employee Representative Contests

Subpart 1. Posting and service.

A. The employee or authorized employee representative shall, on or before the date the employee notice of contest form is filed with the commissioner, serve the fully completed employee notice of contest form upon the cited employer. Immediately upon receipt, the employer shall post a copy of the employee notice of contest form where the citation and notification of penalty or notification of failure to abate is required to be posted by part 5210.0530, subpart 3. The notice of contest form must remain posted until the date of the hearing or earlier final disposition of the contest.

B. If there are any other affected employees who are represented by another authorized employee representative, the contesting employee or authorized employee representative shall, on or before the date the employee notice of contest form is required to be filed with the commissioner, serve a copy of the notice of contest form upon that authorized employee representative.

C. The certification of posting and service required by this subpart must be notarized and filed with the commissioner as provided on the employee notice of contest form.

Subp. 2. Filing.

A. An employee or authorized employee representative shall file a letter of contest with the commissioner within 20 days of the date the employer receives the citation and notification of penalty or notification of failure to abate. If an employee or authorized employee representative files a letter of contest with the commissioner within 20 days of the date the employer receives the citation and notification of penalty or the notification of failure to abate, the commissioner shall promptly send the employee or authorized employee representative a notice of contest form by certified mail.

B. Within seven days of the employee's or authorized employee representative's receipt of the employee notice of contest form, the employee or authorized employee representative shall file the fully completed form with the commissioner. The day the notice of contest form is received shall not be included in calculating the seven calendar days. The last day of the seven-day period shall be included, unless it is a Saturday, Sunday, or state holiday, in which event the period runs until the next day which is not a Saturday, Sunday, or state holiday. An employee notice of contest form may be filed with the commissioner by postage prepaid first class mail, personal delivery, facsimile, or electronic transmission according to part 5210.0007.

C. If the letter of contest is not filed within 20 days of the date the employer receives the citation and notification of penalty or notification of failure to abate, or if the employee notice of contest form is not filed within seven days of the date the form is received, the citation and notification of penalty or notification of failure to abate becomes a final order of the commissioner and is not subject to review by any court or agency.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758; 38 SR 1345

Minn. R. 5210.0540 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0542 Petitions for Modification of Abatement Date

Subpart 1. Right to file.

An employer seeking to extend the date by which a violation must be abated may file a petition for modification of abatement date.

Subp. 2. Contents.

A petition for modification of abatement date must be in writing and include the following information:

A. all action taken by the employer, and the dates of the action, in an effort to achieve compliance during the prescribed abatement period;

B. the specific additional abatement time necessary in order to achieve compliance;

C. the reasons additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date;

D. all available interim steps being taken to safeguard the employees against the cited hazard during the abatement period; and

E. a certification that a copy of the petition and the notice to affected employees and authorized employee representatives informing them of their right to object to the petition as set out in subpart 5 have been posted and served upon the authorized employee representative according to subpart 4 and the date the posting and service was completed.

Subp. 3. Time to file.

A petition for modification of abatement date must be filed with the commissioner according to part 5210.0007 no later than the next working day following the date on which abatement was originally required.

Subp. 4. Posting.

A copy of the petition and notice to employees and authorized employee representatives must be posted on or before the filing date in the location where the citation and notification of penalty is required to be posted. If employees are represented by an authorized employee representative, the representative shall be served with a copy of the petition and notice. The petition must remain posted for ten days.

Subp. 5. Objections.

Employees or their authorized employee representatives who file an objection in writing with the commissioner must serve a copy of the objection on the employer. Failure to serve and file an objection within ten days of the date of posting of the petition or of service upon an authorized employee representative shall constitute a waiver of any further right to object to the petition. The objection must state the reasons for opposing the petition.

Subp. 6. Approval or denial of petition.

The commissioner shall not approve a petition by the employer until the expiration of ten days from the date the petition was served upon affected employees or their authorized employee representatives. The commissioner may deny a petition at any time after its receipt. When approving or denying a petition, the commissioner shall consider the actions taken by the employer to achieve compliance during the prescribed abatement period, the additional abatement time requested by the employer, whether abatement has not been completed because of factors beyond the employer's control, what interim steps the employer has taken to safeguard employees against the cited hazard, and any other relevant information obtained by the department or provided by affected employees and authorized employee representatives regarding the employer's petition. A copy of the approval or denial shall be posted with the petition and the citation.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758

Minn. R. 5210.0548 Record Address

All pleadings filed by a person must contain the person's name, address, and telephone number. Any change in the information must be communicated promptly in writing to the administrative law judge or the commissioner and to all other parties. A party who fails to furnish the information waives the right to service and notice under part 5210.0551.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0550 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0551 Service and Notice

Subpart 1. Parties and intervenors.

At the time of filing pleadings or other documents, a copy must be served by the filing party on every other party.

Subp. 2. Representatives.

Service on a party who has appeared through a representative need only be made on the representative.

Subp. 3. Methods of service.

Unless otherwise ordered, service may be made by postage prepaid first class mail or personal delivery according to part 5210.0007, subpart 1.

Subp. 4. Proof of service; filing.

Service must be certified by a written statement that states the date and manner of service. The statement must be signed by the person accomplishing service, and it must be filed with the pleading or document.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758

Minn. R. 5210.0554 Filing

Subpart 1. Filing by mail and personal delivery.

All pleadings and other documents must be filed with the commissioner before a case is assigned to an administrative law judge. After the case has been assigned to an administrative law judge, all pleadings or other documents must be filed with the administrative law judge at the address given in the notice informing the parties of the assignment. All pleadings and documents may be filed by postage prepaid first class mail, personal delivery, or facsimile transmission according to part 5210.0007.

Subp. 2.

[Repealed, 22 SR 1758]

Subp. 3.

[Repealed, 22 SR 1758]

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758

Minn. R. 5210.0557 Form of Pleadings

Except as provided in parts 5210.0533 to 5210.0542 and 5210.0557 to 5210.0570, pleadings and other documents must comply with parts 1400.5100 to 1400.8401. The pleadings and other documents must include the commissioner's and the administrative law judge's docket number.

Pleadings and other documents, other than exhibits, must be typewritten or otherwise be legible on 8-1/2 by 11 inch paper.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0560 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0561 Signature on Pleadings

Pleadings must be signed by the party filing or by the party's representative. Signing constitutes a representation by the signer that the signer has read the document or pleading, that to the best of the signer's knowledge, information, and belief the statements made in it are true, and that it is not interposed for delay.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0564 Refusal of Pleading

The commissioner or administrative law judge may refuse to accept for filing any pleading or document that does not comply with the requirements of parts 1400.5100 to 1400.8401, 5210.0557, and 5210.0567.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0567 Caption; Case Title

Subpart 1. Notice of contest.

Pleadings after receipt of a notice of contest must be titled:

Subp. 2. Third party interests.

Cases in which a third party interest has been exercised must be titled:

Subp. 3. Placement of titles.

The titles listed in subparts 1 and 2 must appear at the left upper portion of the first page of any pleading or document filed, other than an exhibit.

The first page of any pleading or document, other than an exhibit, must show, at the upper right of the page, opposite the title, the docket numbers assigned by the commissioner and the Office of Administrative Hearings, if any.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0570 Complaint; Notice; Answer

Subpart 1. Complaint.

The commissioner shall serve the contesting party and every other party with a complaint no later than 90 days after receiving the notice of contest.

The complaint must set forth alleged violations and proposed penalties that are contested, by stating or referring to the contested citation and notification of penalty or notification of failure to abate:

A. the basis for jurisdiction;

B. the date, location, place, and circumstances of alleged violations; and

C. the abatement date and the proposed penalty for the alleged violation. The commissioner may amend the complaint at any time before the close of the hearing without filing a motion with the administrative law judge, provided that, should the amended complaint raise new issues or allegations, if requested by a party, a reasonable time to prepare to respond to the new issues or allegations must be provided.

Subp. 2. Withdrawal of contest.

A person who filed a notice of contest may withdraw the notice at any time in the proceedings.

Subp. 3. Summons and notice to respondent.

The commissioner shall serve on all parties a notice with the complaint that states the following:

A. that the respondent has 20 days within which to file an answer;

B. that the parties have a right to be represented by legal counsel in all proceedings;

C. that the rules of the commissioner and the rules of the Office of Administrative Hearings apply to the proceedings and where a copy of those rules may be obtained; and

D. the name of the agency official or member of the attorney general's staff to be contacted to discuss informal disposition under part 1400.5900 or discovery under part 1400.6700, subparts 2 and 3.

Subp. 4. Answer.

Within 20 days after service of the complaint, the party or parties against whom the complaint was issued shall file with the commissioner an answer and serve the answer on every other party.

The answer must contain a short and plain statement denying those allegations in the complaint that the party intends to contest and assert any and all affirmative defenses. Any allegation not denied is deemed admitted and any affirmative defense not asserted is deemed waived.

Subp. 5. Failure to serve or file.

If the complaint is not served or the answer is not filed and served within the time prescribed by this part, the administrative law judge, upon a motion by a party, may enter an order affirming or vacating the contested citation and notification of penalty or notification of failure to abate.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0573 Party Status

Subpart 1. Affected employees and authorized representatives.

If a notice of contest is timely filed by an employer, affected employees or authorized employee representatives may participate as parties in the contested case proceeding by filing a notice of intent to participate as a party at least 45 days before the starting date of the hearing. The notice of intent to participate as a party must contain the name, address, and representative, if any, of the affected employee or authorized employee representative requesting party status and a statement that the person identified is an affected employee or authorized employee representative of affected employees of the cited employer. The notice shall be filed with the commissioner or the administrative law judge if one has been assigned to the proceeding and served upon all parties at the time of filing.

Subp. 2. Employers.

If a notice of contest is timely filed by an employee or by an authorized employee representative, the cited employer may participate as a party in the contested case proceeding by filing a notice of intent to participate as a party at least 45 days before the starting date of the hearing. The notice of intent to participate as a party must contain the employer's name, address, and representative, if any. The notice must be filed with the commissioner or the administrative law judge, if one has been assigned to the proceeding, and served upon all parties at the time of filing.

Subp. 3. Objection to notice of intent to participate as party.

A party to the contested case proceeding may file a written objection to a notice of intent to participate as a party on the grounds that the person requesting party status is not an affected employee, an authorized employee representative of affected employees, or the cited employer, or that the notice does not comply with the requirements of this subpart. The objecting party shall file the written objection with the commissioner or with the administrative law judge, if one has been assigned to the proceeding, and serve the written objection upon all other parties and upon the person requesting party status. The written objection must be filed and served within ten days after the date the notice of intent to participate as a party was filed and served upon the parties. If no written objection to the notice of intent to participate as a party is filed and served within ten days after the date the notice was filed and served upon the parties, the person requesting party status shall become a party to the proceeding. If a written objection is filed by a party with the commissioner, the commissioner shall immediately request that an administrative law judge be assigned to the proceeding and refer the notice and the objection to the assigned administrative law judge for a determination of party status.

Subp. 4. Intervention by other persons.

Intervention by other persons may be granted by the administrative law judge according to part 1400.6200.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0576 Representatives of Parties and Intervenors

Parties and intervenors may be represented by an attorney, by themselves, or by a person of their choice throughout the proceedings in a contested case if not otherwise prohibited as the unauthorized practice of law.

If the authorized employee representative is a party, affected employees who are represented by an authorized employee representative may appear only through the authorized employee representative.

The withdrawal of appearance of a representative may be accomplished by filing a written notice of withdrawal and by serving a copy of the notice on all parties and intervenors.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0579 Motions

All motions must be made according to part 1400.6600.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0583 Consolidation and Severance of Cases

Consolidation and severance of cases must be done according to part 1400.6350.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0589 Protection of Trade Secrets and Other Confidential Information

On application by a person in a proceeding where trade secrets or other matters may be divulged, the administrative law judge shall issue orders as appropriate to protect the confidentiality of these matters.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0595 Hearing

Subpart 1. Notice of hearing and order.

When the matter is scheduled for hearing before an administrative law judge, the commissioner shall serve on all parties, and the employer if the employer is not a party, a written notice and order of hearing under part 1400.5600, and all further proceedings must be conducted under chapter 1400 and Minnesota Statutes, chapter 14.

Subp. 2. Notice of hearing.

A. A copy of the notice of hearing to be held before an administrative law judge must be posted by the employer within five days of receipt in the same place where the citation and notification of penalty is required to be posted. The notice of hearing must remain posted until the date of the hearing or earlier final disposition of the contest.

B. If there are any affected employees who are represented by an authorized employee representative, the employer shall, within five days of receipt, serve a copy of the notice of hearing on the representative.

C. Certification of the service and posting required by this subpart must be filed with the commissioner and served on the administrative law judge within five days of receipt of the notice of hearing. If the employer fails to certify service and posting, the administrative law judge may, on a motion by one of the parties or on the judge's own motion, render a default judgment in favor of the commissioner.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0596 Settlement; Miscellaneous Provisions

Subpart 1. Service and notice.

A settlement agreement must be posted where the citation and notification of penalty or notification of failure to abate is required to be posted and must be served on authorized employee representatives by the employer. The citation and notification of penalty or notification of failure to abate, or an unedited copy, shall remain posted with the settlement agreement for ten days, until all stipulations of the settlement agreement have been satisfied, or until all violations have been abated, whichever is later.

Subp. 2. Contents of settlement agreements.

Settlement agreements must contain:

A. a provision that states the date the employer posted and served the agreement under subpart 1;

B. an affirmative statement that the contesting party withdraws the notice of contest; and

C. a statement that describes how the settlement agreement affects the status of the contested citation, type of violation, abatement date, and proposed penalty.

Subp. 3. Objection to settlement agreement.

If there is no timely objection to the agreement by affected employees or authorized employee representatives, a settlement agreement becomes a final order ten days after it has been posted and served upon the authorized employee representatives.

An affected employee or authorized employee representative may file an objection to a proposed settlement with the commissioner within ten days after posting and service of the settlement agreement on the authorized employee representative. On receipt of a timely objection, the commissioner may renegotiate the settlement, refer the agreement and objection to an administrative law judge for approval despite the objection, or withdraw the settlement agreement and continue proceedings on the contested citation.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428; 22 SR 1758

Minn. R. 5210.0597 Expedited Proceeding

On the application of a party, or on the commissioner's own motion, the commissioner may order an expedited proceeding. When an expedited proceeding is ordered, the commissioner shall notify all parties. The administrative law judge assigned in an expedited proceeding shall make necessary rulings concerning the time for filing pleadings and all other matters, without reference to the times in parts 5210.0410 to 5210.0595. The administrative law judge shall do all other things necessary to complete the proceeding in the minimum time consistent with fairness.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0810 Effect of Variances

All variances granted pursuant to Minnesota Statutes, section 182.655, subdivisions 5 to 9, shall have only future effect. The commissioner may decline to entertain an application for a variance on a subject or issue concerning a citation that has been issued to the employer seeking the variance if the citation has been contested.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0820 Temporary Variances

Subpart 1. Application.

An employer desiring a temporary variance from a standard must file with the commissioner a written application containing the information specified in Minnesota Statutes, section 182.655, subdivisions 5 and 7.

Subp. 2.

[Repealed, 20 SR 2428]

Subp. 3.

[Repealed, 20 SR 2428]

Subp. 4. Hearing.

The commissioner may hold a hearing on the variance application. Affected employees and authorized employee representatives of the affected employees shall be given notice of the hearing and allowed to participate.

Subp. 5.

[Repealed, 20 SR 2428]

Subp. 6.

[Repealed, 20 SR 2428]

Subp. 7. Temporary variance order.

The commissioner may grant a temporary variance from an adopted standard in accordance with Minnesota Statutes, section 182.655, subdivision 6.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0830 Permanent Variances

Subpart 1. Application.

An employer desiring a permanent variance from a standard must file a written application with the commissioner containing the information specified in Minnesota Statutes, section 182.655, subdivision 8.

Subp. 2.

[Repealed, 20 SR 2428]

Subp. 3. Hearing.

Subp. 4.

[Repealed, 20 SR 2428]

Subp. 5.

[Repealed, 20 SR 2428]

Subp. 6. Permanent variance order.

The commissioner may grant a permanent variance from an adopted standard in accordance with Minnesota Statutes, section 182.655, subdivision 8.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0835 Interim Orders

An employer may request an interim order to be effective until a decision is made on the application for variance. Affected employees and authorized employee representatives of affected employees shall be notified of the interim order request by the same means used to notify them of the application for variance. No interim order may remain in effect for longer than 180 days. If the commissioner denies the request for an interim order, the applicant shall be given a written notice of the denial including an explanation of the reasons for denying the request.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0840 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5210.0850 Order Denying Variance

If the commissioner denies an application for a temporary or a permanent variance, the order denying the variance must include:

A. the name and address of the person or organization requesting the variance;

B. the rule, or provisions of the rule, from which the application requested a variance;

C. the extent and duration of the variance requested; and

D. a concise statement of the reasons for denying the variance request.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0860 Objection to Variance Denial

An employer who has been denied a variance under Minnesota Statutes, section 182.655, subdivisions 5 to 9, may notify the commissioner in writing that the employer intends to object to the variance denial. The objection shall be postmarked within 15 days of receipt by the employer of the variance denial. The commissioner shall, within seven days of receipt of the objection, transmit the objection to an administrative law judge together with copies of all relevant documents.

Affected employees shall be given notice of the application according to Minnesota Statutes, section 182.655, subdivision 7, paragraph (e), and an opportunity to participate in the hearing as required under Minnesota Statutes, section 182.654, subdivision 5.

History

Statutory Authority: MS s 182.657
History: 17 SR 1279; 20 SR 2428

Minn. R. 5210.0870 Multistate Variances

If a federal variance is granted with multistate applicability and the employer has not filed a separate application in accordance with part 5210.0820 or 5210.0830 with the commissioner, the granted variance shall be considered to be applicable in Minnesota under the following conditions:

A. the multistate application included Minnesota;

B. the standard from which the variance is granted is identical to a Minnesota occupational safety and health standard; and

C. no objections are received.

History

Statutory Authority: MS s 182.657
History: 20 SR 2428

Minn. R. 5210.0900 Registration

A manufacturer or employer who believes that all or part of the information required under the Employee Right to Know Act, Laws of Minnesota 1983, chapter 316, is a trade secret as defined in Minnesota Statutes, section 325C.01, subdivision 5, may register the information with the commissioner as trade secret information. Information which has been classified for national security purposes by appropriate officials of the United States may also be registered with the commissioner provided the commissioner has been granted necessary security clearance and duly authorized to receive such classified information.

History

Statutory Authority: MS s 182.657
History: 9 SR 56

Minn. R. 5210.0910 Formulations and Procedures

Formulations or procedures are trade secrets and need not be registered to be considered trade secrets.

History

Statutory Authority: MS s 182.657
History: 9 SR 56

Minn. R. 5210.0920 Required Information

Trade secret registration of the name of a hazardous substance must include the following information:

A. the name or names of the substance including any generic or chemical name, trade name, commonly used name, and the American Chemical Society's Chemical Abstract Service (CAS) number for that substance;

B. a brief description of why it is a trade secret; and

C. the name of a person who can be contacted for additional information relevant to the trade secret.

History

Statutory Authority: MS s 182.657
History: 9 SR 56

Minn. R. 5210.0930 Expiration of Registration

A registration expires two years after its filing date unless the registration is renewed. The commissioner shall notify registrants of an impending expiration date.

History

Statutory Authority: MS s 182.657
History: 9 SR 56

Minn. R. 5210.0940 Classification of Data

Trade secret information that is registered with the commissioner or other information reported to or otherwise obtained by the commissioner or a representative of the commissioner in connection with any inspection or proceeding under Minnesota Statutes, chapter 182 which contains or might reveal a trade secret is nonpublic or private data as defined in Minnesota Statutes, section 13.02, subdivisions 9 and 12. Information that is classified as nonpublic or private, except that which is secret for national security purposes, may be disclosed to other officers or employees carrying out Minnesota Statutes, chapter 182, when relevant in any proceeding under parts 5210.0900 to 5210.0960, or when otherwise required in order to comply with federal law or regulation but only to the extent required by the federal law or regulation. The commissioner must protect nonpublic or private information by establishing security procedures to prevent its unauthorized use or disclosure.

Nothing in parts 5210.0900 to 5210.0960 may be construed as limiting rights, objectives, or remedies regarding trade secrets covered under Minnesota Statutes, chapter 325C, or the obligations applicable to classified information under rules and regulations of the United States for protecting classified information.

History

Statutory Authority: MS s 182.657
History: 9 SR 56

Minn. R. 5210.0950 Disclosure

If the commissioner determines that disclosure of nonpublic or private information is essential to protect employees from imminent danger or when necessary to expedite provision of medical services to an employee, the commissioner must notify the appropriate manufacturer or employer of the decision by telephone or certified mail and timely disclose the information only to the extent necessary and only to the people necessary to aid in efforts to alleviate the danger.

History

Statutory Authority: MS s 182.657
History: 9 SR 56; 17 SR 1279

Minn. R. 5210.0960 Determination Procedure

Subpart 1. Commissioner determination.

On the request of a manufacturer, employer, employee, or employee representative, deemed by the commissioner to have a legitimate health or safety interest in the information, the commissioner must determine whether information registered pursuant to the requirements of this chapter or otherwise reported to or obtained by the commissioner is a trade secret as defined in Minnesota Statutes, section 325C.01, subdivision 5.

Subp. 2. Notice.

If the commissioner determines that information is not a trade secret, the commissioner must notify the registering manufacturer or employer of the decision by certified mail.

Subp. 3. Justification response.

The registering manufacturer or employer has 15 days after receipt of notification to provide the commissioner by certified mail with a complete justification and statement of the grounds on which the information is a trade secret.

Subp. 4. Commissioner review.

The commissioner must review the determination of whether information should be protected as a trade secret within 15 days after receipt of the justification and statement, or if no justification and statement is filed, within 30 days of the original notice, and must notify the appropriate manufacturer or employer and any party who has requested the information of that determination by certified mail.

Subp. 5. Final notice.

If the commissioner determines that the information is not a trade secret, the final notice must also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the information shall be disclosed to the requesting party.

Subp. 6. Action for declaratory judgment.

Prior to the date specified in the final notice, the registering manufacturer or employer may institute an action for a declaratory judgment as to whether the information is subject to protection as a trade secret.

History

Statutory Authority: MS s 182.657
History: 9 SR 56; 17 SR 1279

Chapter 5215 OCCUPATIONAL SAFETY AND HEALTH REVIEW

Minn. R. 5215.0100 Scope of Rules

This chapter governs all proceedings before the Occupational Safety and Health Review Board.

In the absence of a specific provision, procedures and standards of review shall be in accordance with chapter 1400 and the Administrative Procedure Act, Minnesota Statutes, chapter 14.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.0200 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms have the meanings given them.

Subp. 2. Act.

"Act" means the Occupational Safety and Health Act of 1973, Minnesota Statutes, chapter 182.

Subp. 3.

[Repealed, 20 SR 2428]

Subp. 4.

[Repealed, 20 SR 2428]

Subp. 5. Chair.

"Chair" means the chair of the Occupational Safety and Health Review Board as designated by the governor.

Subp. 6. Citation.

"Citation" means a written communication issued by the commissioner to an employer pursuant to Minnesota Statutes, section 182.66.

Subp. 7.

[Repealed, 20 SR 2428]

Subp. 8. Day.

"Day" means a calendar day.

Subp. 9. Executive secretary.

"Executive secretary" means the executive secretary of the Occupational Safety and Health Review Board.

Subp. 10. Administrative law judge.

"Administrative law judge" means a person assigned to hear a contested case by the Office of Administrative Hearings.

Subp. 11. Intervenor.

"Intervenor" means any person whose petition to intervene has been granted by the administrative law judge pursuant to part 1400.6200.

Subp. 12. Notification of proposed penalty.

"Notification of proposed penalty" means a written communication issued by the commissioner to an employer pursuant to Minnesota Statutes, section 182.661, subdivision 1 or 2.

Subp. 13. Party.

"Party" means each person named as a party in the notice of and order for hearing, and persons granted party status by the commissioner.

Subp. 14.

[Repealed, 20 SR 2428]

Subp. 15. Proceeding.

"Proceeding" means any case before the board on appeal from the decision of an administrative law judge.

Subp. 16. Representative.

"Representative" means any person, including an authorized employee representative and legal counsel, authorized by a party or intervenor to represent that person in a proceeding.

Subp. 17. Working day.

"Working day" means all days except Saturdays, Sundays, or holidays as defined in Minnesota Statutes, section 645.44.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 17 SR 1279; 20 SR 2428

Minn. R. 5215.0300 [Repealed by amendment, 8 SR 1482]

[Repealed by amendment, 8 SR 1482]

Minn. R. 5215.0400 [Repealed by amendment, 8 SR 1482]

[Repealed by amendment, 8 SR 1482]

Minn. R. 5215.0500 Extensions of Time

Requests for extensions of time for the filing of any pleading or document must be in writing and must be received by the board by 4:30 p.m. on the fourth working day in advance of the date on which the pleading or document is due to be filed and be accompanied by an affidavit or affidavits explaining the need for an extension.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.0600 Record Address

The initial document filed with the board by a party or intervenor must contain the party or intervenor's name, address, and telephone number. Any change in the party or intervenor's name, address, or telephone number must be communicated promptly in writing to the board, all parties, and intervenors. A party or intervenor who fails to furnish the information required by this part waives the right to notice and service under this chapter.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 17 SR 1279; 20 SR 2428

Minn. R. 5215.0700 Filing; Service and Notice

Subpart 1. Service.

At the time of filing any document with the board, the party or intervenor filing the document must serve a signed copy of the document on every party and intervenor.

Subp. 2. Representatives.

Service upon a party or intervenor who has appeared through a representative must be made upon the representative only.

Subp. 3. Methods of service.

Unless otherwise ordered by the board, service may be made by postage-prepaid first class mail or personal delivery. Service is completed at the time of mailing or personal delivery.

Subp. 4. Proof of service.

Service must be certified by a written statement that sets forth the date and manner of service. The statement must be signed by the person accomplishing service, and must be filed with the document.

Subp. 5.

[Repealed, 20 SR 2428]

Subp. 6.

[Repealed, 20 SR 2428]

Subp. 7.

[Repealed, 20 SR 2428]

Subp. 8. Filing.

Documents filed with the board must be accomplished by postage-prepaid first class mail or personal delivery upon the executive secretary. Filing accomplished by postage-prepaid first class mail is considered filed on the postmark date.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 13 SR 2552; 20 SR 2428

Minn. R. 5215.0900 Consolidation

Cases may be consolidated on the motion of any party or on the board's own motion where there exist common parties or intervenors, or common questions of law or fact, or both.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.1000 Severance

Upon its own motion or the motion of any party, the board may order any proceeding severed with respect to some or all issues or parties when severance is necessary to protect the legal interests of one or more parties or intervenors.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.1100 Protection of Trade Secrets and Other Confidential Information

Upon application by any person, the board may issue orders to protect the confidentiality of information that may be presented in a proceeding before it.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.1200 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5215.1300 [Repealed by amendment, 8 SR 1482]

[Repealed by amendment, 8 SR 1482]

Minn. R. 5215.1400 Representatives of Parties and Intervenors

Any party or intervenor may appear in person or through a representative.

Nothing contained herein requires any representative to be an attorney at law unless otherwise prohibited as the unauthorized practice of law.

Withdrawal of appearance of any representative may be effected by filing a written notice of withdrawal with the board and by serving a copy on all parties and intervenors.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.1500 Form of Pleadings; Caption

Subpart 1. Form.

All documents filed with the board must contain a caption sufficient to identify the parties in accordance with subpart 2. The caption must include the commissioner's and the office of administrative hearings' docket number, if any.

Documents, other than exhibits, must be typewritten or otherwise legible, double spaced with one-inch margins on white paper, 8-1/2 inches by 11 inches.

Subp. 2. Caption.

Cases before the board must be captioned:

Subp. 3. Placement of caption, docket numbers.

The caption must appear at the left upper portion of the initial page of any document, other than exhibits, filed with the board.

The initial page of any document, other than exhibits, must set out at the upper right portion of the page, opposite the caption, the commissioner's and the office of administrative hearings docket numbers, if any.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.1600 Signature on Pleadings

Documents filed with the board must be signed by the party or intervenor filing the document or the party's or intervenor's representative. Signing constitutes a representation by the signer that the signer has read the document or pleading, that to the best of the signer's knowledge, information, and belief the statements made in it are true, and that it is not interposed for purposes of delay or harassment.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 17 SR 1279; 20 SR 2428

C. An employer petitioning for a modification of abatement date has the burden of proving that the employer has made a good faith effort to comply with the abatement requirements of the citation and that abatement has not been completed because of factors beyond the employer's control.

D. Within ten days after receiving notice of the docketing by the board of any petition for modification of abatement date, each objecting party shall file a response setting forth the reasons for opposing the granting of a modification date different from that requested in the petition.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 17 SR 1279; 20 SR 2428

Minn. R. 5215.5000 Notice of Appeal

Subpart 1. Appellant.

Any party or intervenor may file a notice of appeal of the decision of the administrative law judge with the board.

Subp. 2. Contents.

A notice of appeal must contain a concise statement of the decision or order which is sought to be reviewed and the errors which the appellant claims. The notice of appeal must also state the name of the administrative law judge who presided over the administrative hearing, any statutes or rules at issue, the claims, defenses, and issues litigated and the result below, and the issues to be raised on appeal. The decision of the administrative law judge must be attached to the notice of appeal. The original notice of appeal and five copies must be filed with the board.

Subp. 3. Receipt.

The decisions and orders of the administrative law judge may be appealed to the board by any party within 30 days following service by mail of the administrative law judge's decision and order.

Subp. 4. Other parties may file.

Within ten days after service of the notice of appeal, any other party may file a notice of appeal regardless of the 30-day period in subpart 3.

Subp. 5.

[Repealed, 20 SR 2428]

Subp. 6. Filing and service.

Filing and service of the notice of appeal must be made according to part 5215.0700.

Subp. 7. Transcript.

If a transcript has not already been ordered, the appellant must, within ten days after filing the notice of appeal, order a copy of the transcript at the appellant's own expense.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.5050 Briefs

Subpart 1. Form of brief.

Parties must file briefs. Each brief must state the facts relevant to the issues appealed, making citation to the transcript, concisely identify the legal issue or issues, contain an argument explaining the party's position on each issue, and a conclusion which states the relief sought by the party. Filing and service of the brief must be made according to part 5215.0700.

Subp. 2. Briefing schedule.

The board shall set a briefing schedule. The appellant shall file a brief within 30 days after filing of the first notice of appeal or receipt of the transcript by the board, whichever is later. All other parties and intervenors shall file briefs within 30 days of service of the appellants' briefs. Appellants may file reply briefs within ten days of service of the respondents' briefs.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.5100 Stay of Order of Administrative Law Judge

The timely filing by any party of a notice of appeal to the board stays the order of the administrative law judge.

History

Statutory Authority: MS s 14.06
History: 8 SR 1482; L 1984 c 640 s 32

Minn. R. 5215.5200 Oral Argument Before Board

Subpart 1. Oral argument.

The board shall order oral argument where the factual or legal issues are sufficiently complex or unclear as to require oral argument. If ordered by the board, oral argument must be heard from each party or party's representative unless it is waived by that party.

Subp. 1a. Procedure.

Each party shall be limited to ten minutes, or additional time as the board orders where the factual or legal issues are sufficiently complex or unclear as to require additional time. The appellant shall appear first, followed by each party in order of appearance in the caption. The appellant may reserve a portion of the time allotted for rebuttal. When reserving time for rebuttal, the appellant must notify the board prior to the start of argument.

Subp. 2. Notice.

The executive secretary shall, at least ten days prior to the date set for oral argument, notify in writing all parties and the employer if the employer is not a party, of the date, hour, place, and time allotted to each party.

Subp. 3.

[Repealed, 20 SR 2428]

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.5210 Review by Board

Subpart 1. Limited review.

The board is limited in its review of an administrative law judge's decision and order to the matters preserved in the record. The board may affirm, in whole or part, or reverse, in whole or in part, the decision and order or remand it to the administrative law judge for further proceedings.

Subp. 2. Standard of review.

The board may revise or reverse the administrative law judge's decisions and orders if substantial rights of the petitioner or petitioners may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

A. in violation of constitutional provisions;

B. in excess of the statutory authority or jurisdiction of the agency;

C. made upon unlawful procedure;

D. affected by other error of law;

E. unsupported by substantial evidence in view of the entire record as submitted; or

F. arbitrary or capricious.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 20 SR 2428

Minn. R. 5215.5250 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5215.5300 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5215.5350 Petition to Vacate a Final Order of Commissioner

Subpart 1. Filing.

A petition to vacate a final order of the commissioner must be filed with the board and a signed copy of the petition must be served on every party and intervenor within 30 days after service by mail of the order.

Subp. 2. Response.

Within 20 days after being served with a copy of the petition, any party other than the petitioning party may file a response to the petition with the board. The response may include supporting affidavits.

Subp. 3. Contents of the petition.

A petition filed under this part must set out the basis for the requested action consistent with Minnesota Statutes, section 182.664, subdivision 5. The showing of good cause as defined by Minnesota Statutes, section 182.664, subdivision 5, must be supported by affidavits.

Subp. 4. Disposition.

The board may deny the petition or vacate the commissioner's order. The decision of the board must include findings of fact, conclusions of law, and an order. The board must sign and date the decision and serve the decision on all parties and intervenors.

Subp. 5. Filing and service.

Filing and service of the petition must be made according to part 5215.0700.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 20 SR 2428

Minn. R. 5215.5400 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5215.5500 Standards of Conduct

All persons appearing in any proceedings before the board shall conform to the standards of ethical conduct required in the courts of the state of Minnesota.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.5600 Ex Parte Communication

With respect to the merits of any case not concluded, there shall be no ex parte communication between the board, including any member, officer, employee, or agent of the board who is employed in the decision-making process, and any party or intervenor.

If ex parte communication occurs, the board may take whatever action fairness requires to remedy the effect of the ex parte communication consistent with this chapter and the statutory authority of the board.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.5700 Restrictions on Commissioner

In any proceeding before the board, the commissioner or designees of the commissioner shall not participate in or advise the board in its decision-making process.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; L 1984 c 640 s 32; 20 SR 2428

Minn. R. 5215.5800 Inspection and Reproduction of Documents

Subject to the provisions of law and any order of the commissioner, an administrative law judge, or the board restricting public disclosure of information, any person may, at the offices of the board, inspect and copy any document filed in any proceeding. All costs must be borne by the person.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 20 SR 2428

Minn. R. 5215.5900 Restrictions on Former Employee or Member

No former employee, member of the board, or employee of the Department of Labor and Industry may appear before the board as an attorney or other representative for any party in any proceeding or other matter, formal or informal, in which the person participated personally and substantially during the period of employment or tenure.

No former employee, member of the board, or employee of the Department of Labor and Industry may appear before the board as an attorney or other representative for any party in any proceeding or other matter, formal or informal, in which the person was involved during the period of employment or tenure, unless one year has elapsed since the termination of the employment or tenure.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 17 SR 1279; 20 SR 2428

Minn. R. 5215.6000 [Repealed, 20 SR 2428]

[Repealed, 20 SR 2428]

Minn. R. 5215.6100 Penalties

The board has no jurisdiction under Minnesota Statutes, section 182.667, to impose penalties.

History

Statutory Authority: MS s 14.06; 175.171; 182.651; 182.661; 182.664
History: 8 SR 1482; 13 SR 2552; 20 SR 2428

Chapter 5217 MEDICAL AND REHABILITATION; REVIEWS

"Board" means the Medical Services Review Board created by Minnesota Statutes, section 176.103, subdivision 3.

Subp. 3. Chair.

"Chair" means the member selected by the board or panel to accomplish or delegate the administrative tasks of the board or panel and to take action as directed. The chair shall preside at board or panel meetings, correspond on behalf of the board or panel, and act as the board or panel liaison with the Department of Labor and Industry regarding board or panel functions.

Subp. 4.

[Repealed, 37 SR 1807]

Subp. 5. Department.

"Department" means the Department of Labor and Industry.

Subp. 6. Executive secretary.

"Executive secretary" means the person assigned to the board or panel by the department to communicate with the parties concerning the procedural aspects of cases and to receive documents filed by the parties.

Subp. 7. Panel.

"Panel" means the rehabilitation review panel created by Minnesota Statutes, section 176.102, subdivision 3.

Subp. 8. Party.

"Party" means each person named as a party in the notice of hearing or later intervening as a party.

Subp. 9. Person.

"Person" means an individual, business entity, or governmental unit.

Subp. 10. Quorum.

"Quorum" means a majority of the regular members appointed to the board under Minnesota Statutes, section 176.103, subdivision 3, or the panel under Minnesota Statutes, section 176.102, subdivision 3. An alternate is counted in determining whether a quorum exists if the alternate is replacing a member who is unavailable.

Subp. 10a. Vice-chair.

"Vice-chair" means the member selected by the board or panel to assume the duties of the chair in the chair's absence.

Subp. 11. Voting members.

"Voting members" means:

A. a member of the board or panel who is physically present at the meeting and who has not been disqualified; or

B. an alternate who has filled a vacancy or an absence. Board or panel alternates shall fill vacancies or absences for members as they appear for the meeting. The chair shall decide which alternates will serve as members if there is a controversy. Alternates shall fill vacancies according to their statutory classification.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877; 37 SR 1807

Minn. R. 5217.0400 Action

No business shall be conducted without a quorum. The vote of a majority of the voting members present, so long as there is a quorum, is necessary for the board or panel to take any action.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877

Minn. R. 5217.0500 Officers

At the first meeting after the last day of July of each year, the voting members shall elect from among their numbers persons to serve as chair and vice-chair. Persons elected shall take office at the first meeting following their election or through the duration of the meeting at which their successors are elected. Officers may be reelected. In the event of the absence of the chair and vice-chair the members may elect a member to have the same authority as the chair.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877; 37 SR 1807

Minn. R. 5217.0600 Meetings

The board or panel shall schedule regular meetings on a quarterly basis. Regular meetings may be canceled for lack of a quorum or with the approval of the chair, but the board or panel shall hold at least one regular meeting every 12 months. Special, emergency, and continued meetings may be held in addition to regular meetings as provided in Minnesota Statutes, section 13D.04.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877; 37 SR 1807

Minn. R. 5217.0610 Work Group

The board or panel may appoint a work group consisting of less than a quorum of voting members to address issues specified by the board or panel. The work group shall report its recommendations to the board or panel.

History

Statutory Authority: MS s 176.102; 176.103
History: 37 SR 1807

Minn. R. 5217.0700 Disqualification of Board or Panel Member

Any member of the board or panel shall voluntarily disqualify himself or herself and withdraw from any case in which the member cannot accord a fair and impartial hearing or consideration. At least ten days before the hearing, at which the board or panel votes to render a final decision, any party may request the disqualification of any board or panel member by filing an affidavit which states with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The affidavit shall be filed with the executive secretary of the board or panel. If a party requests that a member be disqualified, the disqualification issue shall be determined by majority vote of the other members present even if the other members do not constitute a quorum.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877

Minn. R. 5217.0800 Contested Cases

Subpart 1. Written exceptions.

The parties may file written exceptions to the administrative law judge's report with the executive secretary of the board or panel no later than 20 calendar days after service and filing of the administrative law judge's report.

Written exceptions shall be accompanied by an affidavit stating that service of a copy of the written exceptions has been made upon all other parties to the action. In matters before the board, one clean copy suitable for imaging and 21 copies of written exceptions and arguments shall be filed with the executive secretary of the board; in matters before the panel, one clean copy suitable for imaging and 15 copies shall be filed with the executive secretary of the panel.

Subp. 2. Reply written exceptions.

The parties may file reply written exceptions with the executive secretary of the board or panel within ten days after service and filing of the written exceptions. Reply written exceptions shall address only issues outlined in the opposing party's written exceptions and arguments. In matters before the board, one clean copy suitable for imaging and 21 copies with proof of service listing all other parties shall be filed with the executive secretary of the board; in matters before the panel, one clean copy suitable for imaging and 15 copies with proof of service listing all other parties shall be filed with the executive secretary of the panel.

Subp. 3. Oral arguments.

The board or panel shall schedule oral argument. The board or panel shall notify the parties by first class mail as to the date set for oral argument at least 14 calendar days in advance.

Each party shall be allotted ten minutes for oral argument to the board or panel and five minutes for rebuttal argument. Any party may waive oral argument.

Subp. 4. Representation.

A party may appear before the board or panel in person or through a representative. A representative of a party need not be an attorney. A nonattorney representative must not engage in the unauthorized practice of law as defined in Minnesota Statutes, section 481.02. If the panel or board is notified that the party will be represented, all documents required to be served on the party will also be served on the party's representative.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877; L 1998 c 294 s 7

Minn. R. 5217.0900 Settlement Agreements

Approval or disapproval of proposed settlement agreements that come before the board or panel shall be by affirmative vote of at least a majority of voting members present so long as there is a quorum. The chair shall execute approved settlement agreements on behalf of the board or panel.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877

Minn. R. 5217.1000 Decision and Order and Appeals

Every decision and order in a contested case shall be in writing, shall be by a majority of voting members present so long as there is a quorum, and shall contain a statement of findings of fact, conclusions of law, and an order of the board or panel. Parties to the proceedings and Office of Administrative Hearings shall be served in person or by first class mail with a copy of the findings and order.

Final decisions of the board or panel in a contested case may be appealed to the Workers' Compensation Court of Appeals pursuant to the procedures in Minnesota Statutes, section 176.421, except that all appeals shall be filed through the executive secretary of the board or panel.

History

Statutory Authority: MS s 176.102; 176.103
History: 15 SR 1877

Chapter 5218 MANAGED CARE FOR INJURED WORKERS

Minn. R. 5218.0010 Definitions

Subpart 1. Scope.

The terms used in parts 5218.0010 to 5218.0900 have the meanings given them in this part.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Department of Labor and Industry or a designee.

Subp. 3. Emergency care.

"Emergency care" means those medical services that are required for the immediate diagnosis and treatment of medical conditions that, if not immediately diagnosed and treated, could lead to serious physical or mental disability or death, or that are immediately necessary to alleviate severe pain. Emergency treatment includes treatment delivered in response to symptoms that may or may not represent an actual emergency, but is necessary to determine whether an emergency exists.

Subp. 4. Employee.

"Employee" means an employee entitled to treatment of a personal injury under Minnesota Statutes, section 176.135.

Subp. 5. Health care provider.

"Health care provider" has the meaning given in Minnesota Statutes, section 176.011, subdivision 24.

Subp. 6. Insurer.

"Insurer" means the insurer providing workers' compensation insurance required by Minnesota Statutes, chapter 176, and includes a self-insured employer except as otherwise provided in part 5218.0200, subpart 4.

Subp. 7. Managed care plan.

"Managed care plan" means a plan certified by the commissioner that provides for the delivery and management of treatment to injured employees under Minnesota Statutes, sections 176.135 and 176.1351.

Subp. 8. Participating health care provider.

"Participating health care provider" means any person, provider, company, professional corporation, organization, or business entity with which the managed care plan has contracts or other arrangements for the delivery of medical services or supplies to injured employees.

Subp. 9. Payer.

"Payer" refers to any entity responsible for payment and administration of a workers' compensation claim under Minnesota Statutes, chapter 176.

Subp. 10. Primary treating health care provider.

"Primary treating health care provider" means a physician, chiropractor, osteopathic physician, podiatrist, or dentist directing and coordinating the course of medical care to the employee.

Subp. 11. Revocation.

"Revocation" means the termination of a managed care plan's certification to provide services under parts 5218.0010 to 5218.0900.

Subp. 12. Suspension.

"Suspension" means the managed care plan's authority to enter into new or amended contracts with insurers has been suspended by the commissioner for a specified period of time.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379; L 2016 c 119 s 7

Minn. R. 5218.0020 Authority

Parts 5218.0010 to 5218.0900 are adopted under the commissioner's rulemaking authority under Minnesota Statutes, section 176.1351, subdivision 6.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0030 Purpose and Scope

The purpose of parts 5218.0010 to 5218.0900 is to establish procedures and requirements for certification as a managed care plan relating to the management and delivery of medical services to injured employees within the workers' compensation system under Minnesota Statutes, sections 176.135, subdivision 1, paragraph (f), and 176.1351. No person or entity shall hold itself out to be a workers' compensation managed care entity unless the entity is a certified managed care plan under this chapter.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0040 Provisional Certification

A managed care plan provisionally certified under the emergency rules may continue to operate with the provisional certification under parts 5218.0010 to 5218.0900, provided that the managed care plan must submit a new application by January 28, 1994. To maintain certification, a certified managed care plan must submit an annual report required by part 5218.0300, subpart 2.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0100 Application for Certification

Subpart 1. Certification.

Except as provided in part 5218.0200, subpart 4, any person or entity may make written application to the commissioner to provide managed care to injured employees for injuries and diseases compensable under Minnesota Statutes, chapter 176, under a plan certified by the commissioner. To obtain certification of a plan, an application shall be submitted on a form provided by the commissioner which shall include items A to N, and other matters related to parts 5218.0010 to 5218.0900.

A. One clean copy suitable for imaging plus one identical copy of the application must be submitted. Portions of the application which the managed care plan believes is subject to trade secret protection under Minnesota Statutes, section 13.37, must be clearly marked, separated and justified in accordance with part 5218.0800, subpart 2, item B.

B. The plan must provide the information in subitems (1) to (6). An individual may act in more than one capacity:

C. Each application for certification or application following revocation must be accompanied by a nonrefundable fee of $1,500. If a plan has been provisionally certified under chapter 5218 [Emergency], the application fee shall be $600. Fees for the annual report and changes to the plan as certified are in part 5218.0300.

D. The managed care plan must ensure provision of quality services that meet all uniform treatment standards adopted by the commissioner under Minnesota Statutes, section 176.83, subdivision 5, and all medical and health care services that may be required by Minnesota Statutes, chapter 176.

E. The managed care plan must provide a description of the times, places, and manner of providing services under the plan, including a statement describing how the plan will ensure an adequate number of each category of health care providers is available to give employees convenient geographic accessibility to all categories of providers and adequate flexibility to choose health care providers from among those who provide services under the plan, in accordance with this chapter and Minnesota Statutes, section 176.1351, subdivisions 1, clauses (1) and (2), and 10.

F. The managed care plan must include procedures to ensure that employees will receive services in accordance with subitems (1) to (7):

G. The managed care plan must designate the procedures for approval of services from a health care provider outside the managed care plan according to part 5218.0500.

H. The managed care plan must include a procedure for peer review and utilization review as specified in part 5218.0750.

I. The managed care plan must include a procedure for internal dispute resolution according to part 5218.0700 and Minnesota Statutes, section 176.1351, subdivision 2, clause (4), including a method to resolve complaints by injured employees, medical providers, and insurers.

J. The managed care plan must describe how employers and insurers will be provided with information that will inform employees of all choices of medical service providers within the plan and how employees can gain access to those providers. The plan must submit a proposed notice to employees, which may be customized according to the needs of the employer, but which must include the information in part 5218.0250.

K. The managed care plan must describe how aggressive medical case management will be provided according to part 5218.0760 for injured employees, and a program for early return to work and cooperative efforts by the employees, the employer, and the managed care plan to promote workplace health and safety consultative and other services.

L. The managed care plan must describe a procedure or program through which participating health care providers may obtain information on the following topics:

M. The managed care plan must specify any medical treatment standards it has developed for medical services that have not already been prescribed by the commissioner and that are reasonably likely to be used in the treatment of workers' compensation injuries. The managed care plan shall make the standards available for review by the commissioner upon request. All managed care plan health care providers and those providing services under part 5218.0500 shall be governed by these treatment standards and by the standards adopted by the commissioner under Minnesota Statutes, section 176.83, subdivision 5. A managed care plan may not prescribe treatment standards that disallow, in all cases, treatment that is permitted by the commissioner's standards. However, this item does not require ongoing treatment in individual cases if the treatment is not medically necessary, even though the maximum amount of treatment permitted under any standard has not been given.

N. The managed care plan must provide other information as the commissioner considers necessary to determine compliance with this chapter.

Subp. 2. Notification; approval or denial.

Within 30 days of receipt of an application the commissioner must notify an applicant for certification of any additional information required or modification that must be made. The commissioner must notify the applicant in writing of the approval or denial of certification within 30 days of receipt of the additional information or modification. If the certification is denied, the applicant must be provided, in writing, with the reason for the denial.

Subp. 3. Review of decision.

Any person aggrieved by a denial of certification by the commissioner may request in writing, within 30 days of the date the denial is served and filed, the initiation of a contested case proceeding under Minnesota Statutes, chapter 14. Following receipt of the administrative law judge's findings and recommendations, the commissioner shall issue a final decision in accordance with Minnesota Statutes, section 14.62. An appeal from the commissioner's final decision and order may be taken to the Workers' Compensation Court of Appeals pursuant to Minnesota Statutes, sections 176.421 and 176.442.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379; L 1998 c 294 s 7; L 2016 c 119 s 7

Minn. R. 5218.0200 Coverage Responsibility of Managed Care Plan

Subpart 1. Scope.

A managed care plan shall provide comprehensive medical services according to its certification and Minnesota Statutes, chapter 176, and all other applicable statutes and rules.

Subp. 2. Contracts and coverage.

A managed care plan must contract with the insurer liable for coverage of employees with a personal injury under Minnesota Statutes, chapter 176. Contracts with the insurer must include the provisions required by part 5218.0300, subpart 1, and are subject to the conditions of coverage in subparts 3 to 6.

Subp. 3. Multiple plans.

Insurers may contract with multiple managed care plans to provide coverage for employers. When an insurer contracts with multiple managed care plans to cover the same employer, each employee shall have the initial choice within a reasonable time designated by the employer and insurer to select the managed care plan that will manage the employee's care. The employee must select a managed care plan from those that have a contract with the insurer liable for the personal injury under Minnesota Statutes, chapter 176, and that provide services within the mileage restrictions under part 5218.0100, subpart 1, item F, subitem (7).

Subp. 4. Restrictions on employer or insurer formed plans.

Any person or entity, other than a workers' compensation insurer licensed under Minnesota Statutes, chapter 79A, or an employer for its own employees, may apply for certification as a certified managed care plan. A self-insured employer, an entity licensed under Minnesota Statutes, chapter 62C or 62D, or a preferred provider organization that is subject to Minnesota Statutes, chapter 72A, is eligible for certification. An employee of a certified managed care plan shall not be required to obtain services under the plan.

This subpart does not restrict cooperative efforts, whether by contract or otherwise, between a managed care plan, employer, third party administrator, and insurer to accomplish the purposes of Minnesota Statutes, section 176.1351.

Subp. 5. Coverage.

A. An employee who gives notice to an employer of a compensable personal injury under Minnesota Statutes, chapter 176, on or after the effective date of the managed care plan contract with the insurer liable for the injury under Minnesota Statutes, chapter 176, shall receive medical services in the manner prescribed by the terms and conditions of the managed care plan contract. An employee may not be required to receive medical services under the managed care plan until the notice required by part 5218.0250 is given to the employee.

B. If the employer received notice of the injury before the effective date of the managed care plan contract, the employee may continue to treat with a nonparticipating provider who has been treating the injury until the employee requests a change of doctor. At that time, further services shall be provided by the managed care plan according to part 5218.0100, subpart 1, item F, subitems (2) and (3). Services by health care providers who are not participating providers must be delivered according to part 5218.0500.

C. Except as provided in part 5218.0500, an employer may elect to require an employee who has notified the employer of a claimed workers' compensation injury to receive treatment from a certified managed care plan before the employer accepts or denies liability for the injury. In such cases, the employer is liable for the cost of any treatment related to the claimed personal injury that is given by a participating health care provider before notice is given to the employee of a denial of liability, even if the employer is later determined to be not liable for the claimed injury. If liability is denied, the employer cannot pursue reimbursement from the employee. This item does not limit the employer's right to pursue any other applicable subrogation or reimbursement rights it may have against another entity.

D. The employee may receive treatment from any health care provider chosen by the employee after a notice of denial of liability has been given to the employee, or if the employer, after notice of a claimed injury, does not require the employee to receive treatment from a managed care plan prior to accepting liability for a claimed injury. If the employer later accepts liability or is determined by the commissioner, a compensation judge, or an appellate court to be liable for the claimed injury, the employer is responsible for the cost of all reasonable and necessary medical treatment received by the employee from the health care provider. If the employer admits liability for the claimed injury within 14 days after receiving notice of the injury, the employer may require that further medical treatment be received through the managed care plan unless the employee had a documented history of treatment with the health care provider as described in part 5218.0500, before the injury. If liability is admitted or determined later than 14 days after notice of the injury and the employee has been receiving treatment from a nonparticipating provider under this item, the employee is not required to receive further treatment under the managed care plan, if the health care provider agrees to comply with part 5218.0500, subpart 2.

Subp. 6. Termination of coverage.

To ensure continuity of care, the managed care plan contract shall specify the manner in which an injured employee with a compensable injury will receive medical services when a managed care plan contract or a contract with a health care provider terminates. When a contract with a health care provider terminates, or when managed care plan coverage for an injured employee is being transferred from one managed care plan to another, the employee may continue to treat with the health care provider under the terminated contract until the employee requests a change of doctor. At that time further services shall be provided under the managed care plan in accordance with the procedures in part 5218.0100, subpart 1, item D, subitem (3), units (b) and (c). Services by providers who are not participating providers must be performed according to part 5218.0500.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0250 Notice to Employee by Employer

An employee who is otherwise covered by a certified managed care plan is not required to receive services under a managed care plan until the employer gives the employee notice of items A to E. For employees enrolled after November 30, 1993, this individual notice must be given at the time of enrollment. The notice must also be offered to an employee when the employer receives notice of an injury. In addition, the employer must post a notice of items A to E at a prominent location on the employer's premises. The posted notice shall remain posted as long as the employees are covered by the managed care plan. The posted and individual notices must include the information in items A to E:

A. that the employer has enrolled with the specified managed care plan to provide all necessary medical treatment for workers' compensation injuries. An employee with an injury prior to enrollment may continue to receive treatment from a nonparticipating provider until the employee changes doctors. The notice to employees must specify the effective date of the managed care plan, which must be later than the date the notice is posted;

B. the contact person and telephone number of the employer and the managed care plan who can answer questions about managed care;

C. that the employee may receive treatment from a medical doctor, chiropractor, podiatrist, osteopathic physician, or dentist, if the treatment is available within the community and is appropriate for the injury or illness;

D. how the employee can access care under the managed care plan and the toll-free 24-hour telephone number of the managed care plan that informs employees of available services;

E. that the employee is required to receive services from a health care provider who is a member of the managed care plan, except in the following circumstances:

F. the St. Paul, Duluth, and toll-free telephone numbers of the Department of Labor and Industry for questions.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379; L 2106 c 119 s 7

Minn. R. 5218.0300 Reporting Requirements for Certified Managed Care Plan

Subpart 1. Contracts; modifications.

A managed care plan shall provide the commissioner with a copy of the following contracts.

A. Contracts between the managed care plan and any insurer or self-insured employer, signed by the parties, within 30 days of execution of the contracts. Standard contracts may be submitted instead of individual contracts if no modifications are made. Standard contracts must include a list of signatories and a listing of all employers covered by each contract including the employer's names, unemployment benefits identification number, and estimated number of employees governed by the managed care plan contract. Amendments and addendums to the contracts must be submitted to the commissioner within 30 days of execution. Contract provisions must be consistent with parts 5218.0010 to 5218.0900 and Minnesota Statutes, section 176.1351. The contract must specify the billing and payment procedures and how the medical case management and return to work functions will be coordinated.

B. New types of agreements between participating health care providers and the managed care plan that are not identical to the agreements previously submitted to the department under part 5218.0100, subpart 1, item E, subitem (1), which shall not be effective until approved by the commissioner.

C. Contracts between the managed care plan and any entity, other than individual participating providers, that performs some of the functions of the managed care plan.

Subp. 2. Annual reporting.

In order to maintain certification, each managed care plan shall provide on the first working day following each anniversary of certification the following information in items A to D. The annual report must be accompanied by a nonrefundable fee of $400:

A. a current listing of participating health care providers, including provider names, types of license, specialty, business address, telephone number, and a statement that all licenses are current and in good standing;

B. a summary of any sanctions or punitive actions taken by the managed care plan against its participating providers;

C. a report that summarizes peer review, utilization review, reported complaints and dispute resolution proceedings showing cases reviewed, issued involved, and any action taken; and

D. a report of educational opportunities offered to participating providers and a summary of attendance.

Subp. 3. Plan amendments.

Any of the proposed changes to the certified managed care plan in items A to C, other than changes to the health care provider list, must be reported and may not be implemented under the plan until approved by the commissioner. Submitted changes must be accompanied by a nonrefundable fee of $150:

A. amendments to any contract with participating health care providers;

B. amendments to contracts between the managed care plan and another entity performing functions of the managed care plan; and

C. any other amendments to the managed care plan as certified.

Subp. 4. Insurers; data.

The managed care plan must report to the insurer any data regarding medical services and supplies related to the workers' compensation claim required by the insurer to determine compensability in accordance with Minnesota Statutes, sections 176.135, subdivision 7, and 176.138, and any other data required by rule.

Subp. 5. Monitoring.

The commissioner shall require additional information from the managed care plan if the information is relevant to determining the managed care plan's compliance with parts 5218.0100 to 5218.0900 and Minnesota Statutes, section 176.1351.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379; L 1997 c 66 s 80; L 1999 c 107 s 66; L 2000 c 343 s 4

Minn. R. 5218.0400 Commencement and Termination of Contract with Participating Providers

Subpart 1. Commencement.

Prospective new participating health care providers under a managed care plan shall submit an application to the managed care plan. A director, executive director, or administrator may approve the application under the requirements of the managed care plan. The managed care plan shall verify that each new participating health care provider meets all licensing, registration, and certification requirements necessary to practice in Minnesota or other applicable state of practice.

Subp. 2. Termination.

A participating provider may elect to terminate participation in the managed care plan or be subject to cancellation by the managed care plan under the requirements of the managed care plan. Upon termination of a provider contract, the managed care plan shall make alternate arrangements to provide continuing medical services for an affected injured employee under the plan in accordance with part 5218.0200, subpart 6.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0500 Health Care Providers Who Are Not Participating Health Care Providers

Subpart 1. Authorized services.

A health care provider who is not a participating health care provider may provide medical services to an employee covered by a managed care plan in any of the circumstances in items A to D. The employer or insurer must notify the managed care plan of treatment under items A, B, and D and the managed care plan, employer, or insurer must initiate the contact with the nonparticipating provider. The managed care plan must explain its requirements and procedures to the nonparticipating health care provider, and must provide the plan's toll-free telephone number through which the nonparticipating provider may obtain information about the plan's requirements and procedures and other information specified in part 5218.0100, subpart 1, item L.

A. A nonparticipating provider may deliver services to an employee if the treatment is within the provider's scope of practice, if the health care provider maintains the employee's medical records and has a documented history of treatment with the employee before the date of injury, whether for a work-related condition or not, and so long as the provider complies with subpart 2 and Minnesota Statutes, section 176.1351, subdivision 2, clause (8). A documented history of treatment does not include evaluations for no or minimal compensation or treatment of an injury before notice of the injury is given to the employer. The requirement of a history of treatment will be deemed to be satisfied if the employee documents at least two visits with the provider within the two years before the date of the injury. Employees with a history of treatment that does not meet this standard may request approval from the managed care plan or the insurer. If approval is denied, the employee may contest the denial according to the procedures in subpart 3 and part 5218.0700. The employee must, within ten calendar days of notice to an employer of an injury, provide the managed care plan or insurer with copies of medical records or a letter from the health care provider documenting the dates of the previous treatment. The managed care plan or insurer must treat the medical records as private data. If the employee requests a change of doctor, further services shall be provided by the managed care plan according to part 5218.0100, subpart 1, item F, subitems (2) and (3).

B. A nonparticipating provider may deliver services to an employee for emergency treatment.

C. A nonparticipating provider may deliver services to an employee when the employee is referred to the provider by the managed care plan.

D. A nonparticipating provider may deliver services to an employee when the employee has received treatment for a claimed injury from a nonparticipating provider under part 5218.0200, subpart 5, items B and D, where liability for the injury is admitted or established later than 14 days after the employer received notice of the injury.

Subp. 2. Requirements.

To deliver services to an employee under subpart 1, items A and D, a health care provider who is not a participating health care provider must:

A. agree to comply with the managed care plan treatment standards, utilization review, peer review, dispute resolution, and billing and reporting procedures; and

B. agree to refer the covered employee to the managed care plan for specialized services, including without limitation physical therapy and diagnostic testing, except for minor diagnostic testing that may be done in the nonparticipating provider's office. The nonparticipating provider referring the employee may continue to act as the primary treating provider.

Subp. 3. Disputes.

Any dispute under subpart 1 or 2 relating to the employee's selection of a health care provider who is not a managed care plan participating health care provider shall be resolved according to part 5218.0700. Any dispute relating to a health care provider's compliance with the managed care plan standards and procedures or treatment standards adopted by the commissioner shall be resolved according to part 5218.0700. A health care provider who has been informed that an injured employee is covered by a managed care plan and who does not comply with the requirements in subpart 2 is subject to denial of payment for the services in accordance with the procedures in part 5218.0700 and sanctions under Minnesota Statutes, section 176.103.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0600 Charges and Fees

Billings for medical services under a managed care plan shall be submitted in the form and format as prescribed in part 5221.0700, subpart 2. The payment by the insurer or the managed care plan to participating and nonparticipating health care providers for medical services shall be according to the time frames and procedures in part 5221.0600, subpart 3, and Minnesota Statutes, section 176.135, subdivision 6, and shall be the amount allowed under part 5221.0500 and Minnesota Statutes, section 176.136, subdivisions 1a and 1b. A managed care plan may not require a health care provider to accept a lesser payment or pay a fee as a condition of receiving referrals from or becoming a participating provider in the plan.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0700 Dispute Resolution

Disputes that arise on an issue related to managed care shall first be processed without charge to the employee or health care provider through the dispute resolution process of the managed care plan. The managed care plan dispute resolution process must be completed within 30 days of receipt of a written request. If the dispute cannot be resolved, the parties may proceed under Minnesota Statutes, sections 176.106 and 176.305.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379; L 2014 c 182 s 8

Minn. R. 5218.0750 Utilization Review and Peer Review

Subpart 1. Peer review.

The managed care plan must implement a system for peer review to improve patient care and cost-effectiveness of treatment. Peer review must include at least one health care provider of the same discipline being reviewed. The peer review must be designed to evaluate the quality of care given by a health care provider to a patient or patients. The plan must describe in its application for certification how the providers will be selected for review, the nature of the review, and how the results will be used.

Subp. 2. Utilization review.

The managed care organization must implement a program for utilization review. The program must include the collection, review, and analysis of group data to improve overall quality of care and efficient use of resources. In its application for certification, the managed care plan must specify the data that will be collected, how the data will be analyzed, and how the results will be applied to improve patient care and increase cost-effectiveness of treatment.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0760 Medical Case Management

Subpart 1. Role of case manager.

The medical case manager must monitor, evaluate, and coordinate the delivery of quality, cost-effective medical treatment, and other health services needed by an injured employee, and must promote an appropriate, prompt return to work. Medical case managers must facilitate communication between the employee, employer, insurer, health care provider, managed care plan, and any assigned qualified rehabilitation consultant to achieve these goals. The managed care plan must describe in its application for certification how injured employees will be selected for case management, the services to be provided, and who will provide the services.

Subp. 2. Qualifications of medical case manager.

Case management for an employee covered by a managed care plan must be provided by a licensed or registered health care professional. Case managers must have at least one year's experience in workers' compensation.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0800 Monitoring Records

Subpart 1. Audits.

The commissioner shall monitor and conduct periodic audits and special examinations of the managed care plan as necessary to ensure compliance with the managed care plan certification and performance requirements.

Subp. 2. Records.

A. All records of the managed care plan and its participating health care providers relevant to determining compliance with parts 5218.0010 to 5218.0900 and Minnesota Statutes, section 176.1351, shall be disclosed within a reasonable time after request by the commissioner. Records must be legible and cannot be kept in a coded or semicoded manner unless a legend is provided for the codes.

B. The release of records filed with the commissioner is subject to Minnesota Statutes, sections 13.37, 145.61 to 145.67, 176.231, subdivisions 8 and 9, 176.234, and 176.138. If a managed care plan believes that portions of its application are nonpublic trade secret data under Minnesota Statutes, section 13.37, subdivisions 2 and 3, the plan's application must clearly identify the portions of the application it identifies as trade secret in a separate appendix or appendices. The plan must also submit with the application an analysis of how each section of the appendix it has characterized as trade secret satisfies each of the three parts of the statutory definition of trade secret under Minnesota Statutes, section 13.37, subdivision 2. Absent a clear indication to the contrary, a written opinion submitted by an attorney identifying and analyzing portions of the application as meeting the statutory requirements for a trade secret under Minnesota Statutes, section 13.37, subdivision 2, shall be considered prima facie showing of a trade secret.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Minn. R. 5218.0900 Suspension; Revocation

Subpart 1. Complaints; investigation.

Complaints pertaining to violations of parts 5218.0010 to 5218.0900 or Minnesota Statutes, section 176.1351, by the managed care plan shall be directed in writing to the commissioner. On receipt of a written complaint, or after monitoring the managed care plan operations, the department shall investigate the alleged violation. The investigation may include, but shall not be limited to, request for and review of pertinent managed care plan records. If the investigation reveals reasonable cause to believe that there has been a violation warranting suspension or revocation of certification, the commissioner shall initiate a contested case proceeding under Minnesota Statutes, chapter 14.

Subp. 2. Criteria.

Under Minnesota Statutes, section 176.1351, subdivision 5, the certification of a managed care plan issued by the commissioner shall be suspended or revoked by the commissioner if:

A. service under the plan is not being provided according to the terms of the certified plan;

B. the plan for providing services or the contract with the insurer or health care provider fails to meet the requirements of parts 5218.0010 to 5218.0900 or Minnesota Statutes, section 176.1351;

C. the managed care plan fails to comply with parts 5218.0010 to 5218.0900 and Minnesota Statutes, section 176.1351, or requirements of utilization and treatment standards adopted under Minnesota Statutes, section 176.83;

D. any false or misleading information is submitted by the managed care plan or participating provider;

E. the managed care plan continues to use the services of a health care provider whose license, registration, or certification has been suspended or revoked, or under Minnesota Statutes, section 176.103, or who is ineligible to provide treatment to an injured employee under Minnesota Statutes, section 256B.0644; or

F. the managed care plan is formed, owned, or operated by an insurer.

Subp. 3. Effects.

No employee is covered by a contract between a managed care plan and insurer if the managed care plan's certification is revoked. The managed care plan may reapply for certification as specified in the order of revocation. Upon suspension of certification, the managed care plan may continue to provide services under contracts in effect if the commissioner determines injured employees will continue to receive necessary medical services under Minnesota Statutes, section 176.135.

History

Statutory Authority: MS s 176.1351
History: 18 SR 1379

Chapter 5219 MEDICAL RECORD COST REIMBURSEMENT

Minn. R. 5219.0100 Purpose

This chapter provides a schedule for reasonable reimbursement to a health care provider for copies of medical records. The privacy of medical records or reports under other law is not affected by this chapter.

History

Statutory Authority: MS s 176.135; 176.83
History: 15 SR 800

Minn. R. 5219.0200 Scope

This chapter governs reimbursement for copies of existing medical records related to a current claim for compensation under Minnesota Statutes, chapter 176, when requested by any person or business entity from a health care provider as defined in Minnesota Statutes, section 176.011, subdivision 12a.

History

Statutory Authority: MS s 14.388; 176.135; 176.83
History: 15 SR 800; 41 SR 1127

Minn. R. 5219.0300 Reasonable Reimbursement Allowance

Subpart 1. First copy of appropriate record.

For the first copy of the appropriate record as defined in part 5221.0100, subpart 1b, when provided by the health care provider to the payer as defined in part 5221.0100, subpart 11, to substantiate the service being billed, a charge not to exceed 75 cents per page is reasonable. This amount applies whether the record is provided with the billing, under separate cover, or in response to a request by the payer for an appropriate record which has not been submitted with the bill.

Subp. 2. Other copies.

For all other copies of existing medical records or data that are not specifically addressed in subpart 1 or in Minnesota Statutes, section 176.155, or any other Minnesota statute or rule, a charge is reasonable if the total charge for each submission following a request does not exceed the sum of $10 as a retrieval fee and 75 cents per page.

Subp. 3. Postage and other charges.

In addition to the charges in subparts 1 and 2, the health care provider may charge actual postage, any applicable Minnesota sales tax, and notary fees, if notarization is requested.

Subp. 4. Time for payment.

The requester must reimburse the health care provider within 30 days of receipt of the copies requested.

History

Statutory Authority: MS s 176.135; 176.83
History: 15 SR 800

Minn. R. 5219.0500 Independent Medical Examination Fees

Subpart 1. Authority.

This part is adopted under the authority of Minnesota Statutes, section 176.136, subdivision 1c.

Subp. 2. Definition.

For purposes of this part, the language contained in Minnesota Statutes, section 176.136, subdivision 1c: "for, or in connection with, independent or adverse medical examinations requested by any party" means charges by a health care provider as defined by Minnesota Statutes, section 176.011, subdivision 12a, with regard to examinations conducted pursuant to Minnesota Statutes, section 176.155, subdivision 1, for:

A. review of medical records;

B. obtaining history from and examination of an employee;

C. reading, interpretation, and analysis of X-rays or other diagnostic imaging or tests;

D. diagnosis, analysis, treatment recommendations, and preparation of written report;

E. travel expenses and charges;

F. preparation of postexamination supplemental reports;

G. reserve time and cancellation fees;

H. depositions and court appearances;

I. conferences with attorneys; and

J. mental health professionals' hourly charges.

Subp. 3. Charges.

Charges by a health care provider as defined by Minnesota Statutes, section 176.011, subdivision 12a, for or in connection with independent medical examinations pursuant to Minnesota Statutes, section 176.155, must not exceed the cost specified in items A to J.

A. The charge for review of medical records is as follows:

B. The charge for obtaining a history from and examination of an employee is $275.

C. The total charge for reading, interpretation, and analysis of multiple or single X-rays and other diagnostic imaging or tests is $75.

D. The charge for a diagnosis, analysis, treatment recommendations, and a written report is $250.

E. The charge for travel expenses is as follows:

F. The charge for postexamination supplemental reports is as follows:

G. The charge for reserve time charges and cancellation fees. In the event a scheduled examination is canceled or the employee does not appear for the examination:

H. The charge for depositions and court appearances are as follows:

I. The charge for attorney conference, other than at the time of deposition is $200 per hour with a one hour minimum.

J. The charge for psychiatrists or psychologists is $200 per hour for review and analysis of medical data, in lieu of the charges in items A to E.

Subp. 4. Adjustments.

On October 1, 1994, and on October 1 of each succeeding year, the fees in this part must be adjusted by the percentage determined under Minnesota Statutes, section 176.645, in the same manner as the conversion factor of the relative value fee schedule is adjusted under Minnesota Statutes, section 176.136. This provision does not apply to expenses under subpart 3, item E, subitem (1). The fees shall be adjusted as follows:

A. on October 1, 1994, the fees in this part shall be increased by 1.65 percent;

B. on October 1, 1995, the fees as adjusted in item A shall be increased by 2.64 percent;

C. on October 1, 1996, the fees as adjusted in item B shall be increased by 3.76 percent;

D. on October 1, 1997, the fees as adjusted in item C shall be increased by 5.53 percent;

E. on October 1, 1998, the fees as adjusted in item D shall be increased by 4.70 percent;

F. on October 1, 1999, the fees as adjusted in item E shall be increased by 6.22 percent;

G. on October 1, 2000, the fees as adjusted in item F shall be increased by 4.39 percent;

H. on October 1, 2001, the fees as adjusted in item G shall be increased by 5.92 percent;

I. on October 1, 2002, the fees as adjusted in item H shall be increased by 2.8 percent;

J. on October 1, 2003, there shall be no further adjustment to the fees set forth in item I;

K. on October 1, 2004, the fees as adjusted in item I shall be increased by 1.5 percent;

L. on October 1, 2005, there shall be no further adjustment to the fees set forth in item K;

M. on October 1, 2006, the fees as adjusted in item K shall be increased by 0.73 percent;

N. on October 1, 2007, the fees as adjusted in item M shall be increased by 0.9 percent;

O. on October 1, 2008, the fees as adjusted in item N shall be increased by 4.1 percent;

P. on October 1, 2009, the fees as adjusted in item O shall be increased by 1.1 percent;

Q. on October 1, 2010, the fees as adjusted in item P shall be decreased by 1.14 percent;

R. on October 1, 2011, the fees as adjusted in item Q shall be increased by 2.4 percent;

S. on October 1, 2012, the fees as adjusted in item R shall be increased by 1.5 percent;

T. on October 1, 2013, the fees adjusted in item S shall be increased by 1.2 percent;

U. on October 1, 2014, the fees adjusted in item T shall be increased by 0.2 percent;

V. on October 1, 2015, the fees adjusted in item U shall be increased by 0.6 percent;

W. on October 1, 2016, there shall be no further adjustment to the fees set forth in item V;

X. on October 1, 2017, the fees adjusted in item V shall be increased by 0.2 percent; and

Y. on October 1, 2018, the fees adjusted in item X shall be increased by 0.45 percent.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 176.136
History: 18 SR 1379; 21 SR 458; 22 SR 500; 23 SR 595; 24 SR 302; 25 SR 730; 26 SR 490; 27 SR 378; 28 SR 315; 29 SR 358; 30 SR 291; 31 SR 324; 32 SR 570; 33 SR 549; 34 SR 353; 35 SR 461; 36 SR 314; 37 SR 373; 38 SR 306; 39 SR 287; 40 SR 332; 41 SR 385; 41 SR 1127; 42 SR 361; 43 SR 384

Chapter 5220 REHABILITATION AND COMPENSATION

Minn. R. 5220.0100 Definitions

Subpart 1. Scope.

For the purposes of parts 5220.0100 to 5220.1900, the following terms have the meanings given them.

Subp. 1a.

[Repealed, 11 SR 2237]

Subp. 2.

[Repealed, 17 SR 3361]

Subp. 3. Assigned qualified rehabilitation consultant.

"Assigned qualified rehabilitation consultant" means the qualified rehabilitation consultant responsible for consultation, development, and implementation of the rehabilitation plan, whether the qualified rehabilitation consultant is:

A. selected by the insurer if the employee does not choose;

B. chosen by the employee if the employee exercises a choice provided by statute;

C. determined by a documented agreement of the parties or by the commissioner or a compensation judge in the event of a dispute; or

D. assigned by the commissioner under Minnesota Statutes, section 176.102, subdivision 4, paragraph (f).

Subp. 4. Commissioner.

"Commissioner" means commissioner of the Department of Labor and Industry.

Subp. 5. Department.

"Department" means the Department of Labor and Industry.

Subp. 6.

[Repealed, 16 SR 2520]

Subp. 7.

[Repealed, 16 SR 2520]

Subp. 8.

[Repealed, 16 SR 2520]

Subp. 9. Employer.

"Employer" means the employer at the time of injury of the employee, unless the context clearly indicates otherwise.

Subp. 10. Formal course of study.

"Formal course of study" means a program described by a published syllabus with established time parameters for completion which results in a diploma or other certification that is accepted as a credential of basic competence in a vocation.

Subp. 10a.

[Repealed, 16 SR 2520]

Subp. 11.

[Repealed, 16 SR 2520]

Subp. 12. Identifying information.

"Identifying information" refers to the name, current mailing address, and current phone number of a person or entity. For employees, identifying information also includes the department file number and date of injury. For employers and insurers, identifying information also includes the name of the individual to contact about the claim. For rehabilitation providers, identifying information includes the rehabilitation provider registration number.

Subp. 12a. Insurer.

"Insurer" includes self-insured employers.

Subp. 13. Job analysis.

"Job analysis" means a systematic study that reports work activity as follows:

A. what the worker does in the job being analyzed in relation to data, people, and things;

B. what methods and techniques are employed by the worker;

C. what machines, tools, equipment, and work aids are used;

D. what materials, products, subject matter, or services result; and

E. what traits are required of the worker. Depending upon the purpose for which the analysis is completed, a job analysis may describe a group of positions that are sufficiently alike to justify being covered by a single analysis or, if necessary, may describe a position that is the total work assignment of a single worker.

Subp. 14.

[Repealed, 16 SR 2520]

Subp. 15.

[Repealed, 16 SR 2520]

Subp. 16. Job development.

"Job development" means systematic contact with prospective employers resulting in opportunities for interviews and employment that might not otherwise have existed. Job development facilitates a prospective employer's consideration of a qualified employee for employment.

Subp. 17. Job modification.

"Job modification" means altering the work environment to accommodate physical or mental limitations by making changes in equipment, in the methods of completing tasks, or in job duties.

Subp. 18. Job placement.

"Job placement" means activities that support a qualified employee's search for work, including the identification of job leads, arranging for job interviews, the preparation of a client to conduct an effective job search, and communication of information about, but not limited to, the labor market, programs or laws offering employment incentives, and the qualified employee's physical limitations and capabilities as permitted by data privacy laws.

Subp. 19. Job seeking skills training.

"Job seeking skills training" means the formal teaching of independent work search skills including, but not limited to, the completion of applications, preparation of resumes, effectiveness in job interviews, and techniques for obtaining job leads.

Subp. 20. Medical management.

"Medical management" by a qualified rehabilitation consultant means rehabilitation services that assist communication of information among parties about the employee's medical condition and treatment, and rehabilitation services that coordinate the employee's medical treatment with the employee's vocational rehabilitation services. Medical management refers only to those rehabilitation services necessary to facilitate the employee's return to work.

Subp. 21. On-the-job training.

"On-the-job training" means training while employed at a workplace where the employee receives instruction from an experienced worker and which is likely to result in employment with the on-the-job training employer upon its completion.

Subp. 22. Qualified employee.

"Qualified employee" means an employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

A. is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the employee held at the time of injury;

B. cannot reasonably be expected to return to suitable gainful employment with the date-of-injury employer; and

C. can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services, considering the treating physician's opinion of the employee's work ability.

Subp. 23. Qualified rehabilitation consultant.

"Qualified rehabilitation consultant" means a person who is professionally trained and experienced and who is registered by the commissioner according to part 5220.1510 to provide a rehabilitation consultation and to develop and implement an appropriate plan of rehabilitation services for an employee entitled to rehabilitation benefits under Minnesota Statutes, section 176.102.

Subp. 23a. Qualified rehabilitation consultant intern.

"Qualified rehabilitation consultant intern" means a person who is in training and registered by the commissioner according to part 5220.1410 to provide a rehabilitation consultation and to develop and implement an appropriate plan of rehabilitation services for an employee entitled to rehabilitation services under Minnesota Statutes, section 176.102, under the direct supervision of a qualified rehabilitation consultant intern supervisor.

Subp. 23b. Qualified rehabilitation consultant intern supervisor.

"Qualified rehabilitation consultant intern supervisor" means a person who provides direct supervision, guidance, and work experience to a qualified rehabilitation consultant intern for the successful completion of the internship according to part 5220.1410.

Subp. 24. Qualified rehabilitation consultant firm.

"Qualified rehabilitation consultant firm" means a public or private business, whether organized as a sole proprietorship, partnership, association, corporation, or other form, which is registered by the commissioner according to part 5220.1610 and held out to the public as a business entity engaged in rehabilitation consultation and services.

Subp. 25. Rehabilitation vendor.

"Rehabilitation vendor" means a public or private entity registered by the commissioner according to part 5220.1710 and existing wholly or in part for the provision of rehabilitation services in accord with an approved rehabilitation plan.

Subp. 26. Rehabilitation consultation.

"Rehabilitation consultation" means a meeting of the employee and assigned qualified rehabilitation consultant to determine whether the employee is a qualified employee, as defined in subpart 22 to receive rehabilitation services, as defined in subpart 29, considering the treating physician's opinion of the employee's work ability.

Subp. 27. Rehabilitation plan.

"Rehabilitation plan" means a written document completed by the assigned qualified rehabilitation consultant on a form prescribed by the commissioner describing a vocational goal and the specific services by which the qualified employee will be returned to suitable gainful employment.

Subp. 28. Rehabilitation provider.

"Rehabilitation provider" means the following four categories of rehabilitation professionals:

A. qualified rehabilitation consultants;

B. qualified rehabilitation consultant interns;

C. qualified rehabilitation consultant firms; and

D. rehabilitation vendors.

Subp. 29. Rehabilitation services.

"Rehabilitation services" means a program of vocational rehabilitation, including medical management, designed to return an individual to work consistent with Minnesota Statutes, section 176.102, subdivision 1, paragraph (b). The program begins with the first in-person visit of the employee by the assigned qualified rehabilitation consultant, including a visit for purposes of a rehabilitation consultation. The program consists of the sequential delivery and coordination of services by rehabilitation providers under an individualized rehabilitation plan. Specific services under this program may include, but are not limited to, vocational evaluation, counseling, job analysis, job modification, job development, job placement, labor market survey, vocational testing, transferable skills analysis, work adjustment, job seeking skills training, on-the-job training, and retraining.

Subp. 30. Required progress record.

"Required progress record" means a record maintained by the rehabilitation provider that documents the rehabilitation provider's services and the employee's rehabilitation progress. The record shall include all case notes and written reports whether or not they are submitted to the commissioner and all correspondence received or prepared by the rehabilitation provider about an employee's rehabilitation.

Subp. 31. Required rehabilitation report.

"Required rehabilitation report" means the rehabilitation consultation report, the plan progress report, and any other report that must be submitted to the commissioner whenever a rehabilitation plan is initiated, proposed to be amended, suspended or closed, or when a change of assigned qualified rehabilitation consultant occurs on a case.

Subp. 32. Retraining plan.

"Retraining plan" means an individualized written plan describing the formal course of study through which the goal of the rehabilitation plan may be accomplished. Adult basic education or remedial programs may be a component of a retraining plan but do not constitute retraining in and of themselves.

Subp. 33. Review panel.

"Review panel" means the rehabilitation review panel created by Minnesota Statutes, section 176.102, subdivision 3.

Subp. 34. Suitable gainful employment.

"Suitable gainful employment" means employment which is reasonably attainable and which offers an opportunity to restore the injured employee as soon as possible and as nearly as possible to employment which produces an economic status as close as possible to that which the employee would have enjoyed without disability. Consideration shall be given to the employee's former employment and the employee's qualifications, including, but not limited to, the employee's age, education, previous work history, interests, and skills.

Subp. 35. Transferable skills analysis.

"Transferable skills analysis" means identifying and comparing skills learned in previous vocational or avocational activities with those required by occupations which are within the qualified employee's physical and mental capabilities.

Subp. 36. Vocational evaluation.

"Vocational evaluation" means the comprehensive assessment of vocational aptitudes and potential, using information about a qualified employee's past history, medical and psychological status, and information from appropriate vocational testing, which may use paper and pencil instruments, work samples, simulated work stations, or assessment in a real work environment.

Subp. 37. Vocational rehabilitation.

"Vocational rehabilitation" means the sequential delivery and coordination of services by rehabilitation providers under a rehabilitation plan to achieve the goal of suitable gainful employment.

Subp. 38. Vocational testing.

"Vocational testing" means the measurement of vocational interests, aptitudes, and ability using standardized, professionally accepted psychometric procedures.

Subp. 39. Work adjustment.

"Work adjustment" means the use of real or simulated work activity under close supervision at a rehabilitation facility or other work setting to develop appropriate work behaviors, attitudes, or personal characteristics.

Subp. 40. Work hardening.

"Work hardening" means a physical conditioning program in a clinical setting designed to develop strength and tolerance for work or a schedule of graduated resumption of employment consistent with the employee's physical condition.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 9 SR 1478; 16 SR 2520; 17 SR 3361; 49 SR 1383

Minn. R. 5220.0105 Incorporation by Reference

The Dictionary of Occupational Titles, fourth edition, 1991, United States Department of Labor is incorporated by reference only to the extent specifically referenced in chapter 5220. It is not subject to frequent change and is available online at occupationalinfo.org.

History

Statutory Authority: MS s 175.17; 175.171; 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 18 SR 2546; 49 SR 1383

Minn. R. 5220.0107 Service and Filing of Rehabilitation Documents; Counting Days

Subpart 1. Service on other parties.

All required rehabilitation reports and progress records that are required to be sent or provided to other parties must be mailed by first class mail to their addresses of record, delivered by personal service, or, if authorized by the recipient, sent by facsimile or electronic mail.

Subp. 2. Filing with state.

A document is filed upon its receipt by the division by 4:30 p.m. on an open state business day. Documents received after 4:30 p.m. are considered filed on the next open state business day. A party may file a document by electronic transmission only as authorized by the division. The authorized electronically transmitted information has the same force and effect as the original. Where the quality or authenticity of a document filed by electronic transmission is at issue, the division may require the original document to be filed. When the quality or authenticity of a document filed by electronic transmission is not at issue, the party shall not also file the original document.

Subp. 3. Counting days.

References to "days" in parts 5220.0100 to 5220.1900 mean calendar days unless specified otherwise.

History

Statutory Authority: MS s 176.102; 176.83
History: 29 SR 1480; 49 SR 1383

Minn. R. 5220.0110 Rehabilitation Request; Disability Status Report

Subpart 1.

[Repealed, 17 SR 3361]

Subp. 2.

[Repealed, 17 SR 3361]

Subp. 3.

[Repealed, 17 SR 3361]

Subp. 4.

[Repealed, 17 SR 3361]

Subp. 5. Rehabilitation consultation request.

The rehabilitation consultation may be requested by the employee, employer, or commissioner. A disability status report is used by the insurer to report rehabilitation consultation referral status.

Subp. 6. Employee request for consultation.

The employee may request a rehabilitation consultation by giving written notice to the insurer requesting a rehabilitation consultation. Notification of the request shall be filed with the commissioner.

Subp. 7. Disability status report.

The insurer shall file a disability status report to notify the commissioner of a referral for a rehabilitation consultation or to request a waiver of rehabilitation services.

A. The insurer shall complete a disability status report, file it with the commissioner, and serve a copy on the employee:

B. The disability status report shall contain the following:

C. The employee may object to the insurer's recommendation by filing a rehabilitation request for assistance with the commissioner.

Subp. 8. Commissioner's authority.

If a disability status report is not filed according to this part, the commissioner may order a rehabilitation consultation by a qualified rehabilitation consultant at the insurer's expense, according to Minnesota Statutes, section 176.102, subdivision 4, paragraphs (b) and (f).

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 29 SR 1480

Minn. R. 5220.0120 Waiver of Consultation and Rehabilitation Services

Subpart 1. Purpose.

A rehabilitation waiver is used to defer the initiation of rehabilitation services including the consultation.

Subp. 2. Criteria.

A request for a rehabilitation waiver must be filed on the disability status report within the time frames specified in part 5220.0110, subpart 7, item A. A waiver is granted when the employer documents that the otherwise qualified employee will return to the date-of-injury job or other suitable gainful employment with the date-of-injury employer within 90 calendar days after the request for the waiver is filed. The waiver shall not be effective more than 90 calendar days after the waiver is granted. A waiver of consultation and rehabilitation services may not be renewed.

Subp. 3. Procedure and documentation.

A request for a rehabilitation waiver shall be documented on the disability status report form provided for in part 5220.0110, subpart 7.

Subp. 4.

[Repealed, 29 SR 1480]

Subp. 5. Commissioner's order.

If 90 calendar days have passed since the date of injury and the employee has not returned to work, no rehabilitation consultation has taken place, and no waiver of rehabilitation services has been granted, the commissioner shall order a rehabilitation consultation at the insurer's expense under Minnesota Statutes, section 176.102, subdivision 4, paragraph (f), to be provided by the vocational rehabilitation unit of the department if appropriate.

Subp. 6. Referral for consultation after waiver.

If 90 calendar days have passed since the waiver was granted and the employee has not returned to suitable gainful employment, the insurer shall provide a rehabilitation consultation. The insurer shall also provide a rehabilitation consultation if requested by the employee at any time even if a waiver has been granted.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 29 SR 1480

Minn. R. 5220.0130 Rehabilitation Consultation

Subpart 1. Purpose.

A rehabilitation consultation is used to determine whether an employee is a qualified employee for rehabilitation services. An employee must be a qualified employee as defined in part 5220.0100, subpart 22, before a rehabilitation plan is implemented.

Subp. 2. Criteria.

If the employee, employer, or commissioner requests a rehabilitation consultation, the insurer shall arrange for a rehabilitation consultation by a qualified rehabilitation consultant to take place within 15 calendar days of the insurer's receipt of the request.

If the insurer requests a waiver of rehabilitation services which is denied by the commissioner under part 5220.0120, the insurer shall arrange for a rehabilitation consultation by a qualified rehabilitation consultant to take place within 15 calendar days of the notification that the waiver request has not been granted.

The rehabilitation consultation shall be held at a location not more than 50 miles from the employee's residence if the employee lives in Minnesota or within 50 miles of a Minnesota state border. If the employee lives beyond this distance, the qualified rehabilitation consultant may conduct the consultation by telephone.

Subp. 3. Consultation.

The procedure and documentation for a rehabilitation consultation are contained in items A to E.

A. Preconsultation actions. A copy of the first report of injury, the disability status report, and the accompanying current treating physician's work ability report shall be sent by the insurer to the assigned qualified rehabilitation consultant prior to the rehabilitation consultation.

B. Actions. During the first in-person meeting with the employee for purposes of conducting a rehabilitation consultation, the assigned qualified rehabilitation consultant shall:

C. Contents of report. The rehabilitation consultation shall be documented by the assigned qualified rehabilitation consultant on a rehabilitation consultation report form prescribed by the commissioner containing substantially the following:

D. Time for filing. The assigned qualified rehabilitation consultant shall complete and file with the commissioner a rehabilitation consultation report within 14 calendar days of the first in-person meeting with the employee for the purpose of a rehabilitation consultation, or the first telephone conference if permitted by subpart 2. The assigned qualified rehabilitation consultant shall concurrently provide copies of these documents to the employer, the employee, any attorney for the employee, and the insurer.

E. Objection to the determination. The employee or the insurer may object to the qualified rehabilitation consultant's determination by filing a rehabilitation request for assistance with the commissioner.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 29 SR 1480

Subp. 2. Requirements.

If a rehabilitation consultation results in a determination that an employee is a qualified employee for rehabilitation services, the assigned qualified rehabilitation consultant shall, in consultation with the parties, develop, record, and file a rehabilitation plan on the form prescribed by the commissioner containing substantially the following:

A. information identifying the employee, employer, insurer, and assigned qualified rehabilitation consultant;

B. the employee's occupation at time of injury and the vocational goal of the rehabilitation plan shall be listed;

C. itemization of the rehabilitation services to be provided including any vendor names, anticipated service completion dates, estimated service costs, and projected total plan cost and plan completion date;

D. the dated signatures of the employee, insurer, and assigned qualified rehabilitation consultant if the parties are in agreement with the plan;

E. employee comments, if any; and

F. instructions to the parties that if they disagree with the plan they have 15 days from their receipt of the proposed plan to resolve the disagreement or object to the proposed plan, and that an objection must be filed with the commissioner.

Subp. 3. Process.

Upon preparation of the proposed plan, and within 30 days of the first in-person contact between the assigned qualified rehabilitation consultant and the employee, the assigned qualified rehabilitation consultant shall provide to all parties a copy of the proposed rehabilitation plan.

Subp. 4. Party's response.

Upon receipt of the proposed rehabilitation plan, each party must, within 15 days, either:

A. sign the plan signifying agreement and return it to the assigned qualified rehabilitation consultant; or

B. promptly notify the assigned qualified rehabilitation consultant of any objection to the plan and work with the assigned qualified rehabilitation consultant to resolve the objection by agreement. However, if the objection is not resolved, the objecting party must file a rehabilitation request for assistance with the commissioner within 15 days of receipt of the proposed plan. These disputes will be resolved according to part 5220.0950. If no rehabilitation request for assistance objecting to the plan is filed within 15 days of the party's receipt, the plan approval process will occur as provided in subpart 6.

Subp. 5. Filing the plan.

The assigned qualified rehabilitation consultant shall file the rehabilitation plan with the commissioner within 45 days of the first in-person contact between the qualified rehabilitation consultant and the employee or within 15 days of circulation to the parties, whichever is earlier.

Subp. 6. Plan approval.

A rehabilitation plan that all parties have signed is deemed approved by the commissioner upon filing.

If a party fails to sign the plan or fails to file a rehabilitation request for assistance objecting to the proposed plan within the 15 days specified in subpart 4, item B, it shall be presumed that the party is in substantial agreement with the plan's vocational objective and the services that are proposed. In this event the assigned qualified rehabilitation consultant shall file the plan with the commissioner along with evidence of the date the plan was sent to each party and, upon receipt, the plan will be deemed approved. A party's failure to sign a plan shall not constitute a waiver of any right to subsequently dispute the plan or to dispute payment of rehabilitation fees relative to the plan.

In reviewing rehabilitation plans pursuant to Minnesota Statutes, section 176.102, subdivision 6, the commissioner shall notify all interested parties of the nature of any additional information necessary for the review, any recommended modifications to the plan, and any decision approving, modifying, or rejecting a plan.

If the commissioner refers issues relating to a plan to a compensation judge or an administrative conference pursuant to Minnesota Statutes, section 176.106, all parties shall be notified of that action and of all applicable related procedures.

Commencement of a plan without objection from the commissioner shall not constitute a waiver or an estoppel of the commissioner's or compensation judge's authority over the plan.

Subp. 7. Communication with treating doctor.

Upon filing the rehabilitation plan with the commissioner, the assigned qualified rehabilitation consultant shall, within the limitations of part 5220.1802, subpart 5, send a copy of the employee's rehabilitation plan to the employee's treating doctor.

Subp. 8. Adherence to plan.

The services provided by rehabilitation providers shall be according to the approved rehabilitation plan.

Subp. 9. Administration of plan.

All rehabilitation services shall be provided to an employee pursuant to Minnesota Statutes, section 176.102, as stated in the rehabilitation plan and any subsequent amendments, and shall be administered exclusively by a person or business entity registered and approved by the commissioner as a qualified rehabilitation consultant or a qualified rehabilitation consultant firm.

The assigned qualified rehabilitation consultant shall monitor rehabilitation vendor compliance with the rehabilitation plan.

Job development and job placement services shall be provided either by rehabilitation providers registered by the commissioner or by a facility accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF). CARF International is an independent, nonprofit accreditor of health and human services to develop and maintain current, field-driven standards that improve the value and responsiveness of the programs and services delivered to people in need of life enhancement services. Information is available at https://carf.org.

Subp. 10. Disputes.

In the case of a dispute about a rehabilitation plan or any rehabilitation services provided, any party may file a rehabilitation request for assistance according to Minnesota Statutes, chapter 176, or part 5220.0950.

Subp. 11. Travel expenses.

The insurer shall reimburse the employee for automobile mileage pursuant to Minnesota Statutes, section 176.102, subdivision 9, at the rate paid by the employer for ordinary business travel expenses, or the rate paid by the state of Minnesota under the commissioner's plan for employment-related travel, whichever is lower.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 29 SR 1480; 49 SR 1383

Minn. R. 5220.0450 Plan Progress Report

Subpart 1. Purpose.

The purpose of a plan progress report is to inform parties of the current status of the rehabilitation plan and provide a current estimate of plan cost and duration to completion.

Subp. 2. Requirements.

Except as otherwise permitted by subpart 3, six months after the assigned qualified rehabilitation consultant has filed an approved rehabilitation plan with the commissioner, the assigned qualified rehabilitation consultant shall complete a plan progress report on the form prescribed by the commissioner that contains the following:

A. information identifying the employee, employer, insurer, and assigned qualified rehabilitation consultant;

B. the employee's current medical status and work status;

C. the costs to date for rehabilitation services by all rehabilitation providers and the estimated costs to plan completion;

D. the duration of the rehabilitation plan to date and the estimated duration to plan completion; and

E. the identification of barriers to successful completion of the rehabilitation plan and measures to be taken to overcome those barriers.

Subp. 3. Filing; subsequent and alternative filing; copies to parties.

A. The assigned qualified rehabilitation consultant shall file the six-month plan progress report with the commissioner within 15 days after six months have passed from the date of the filing of the rehabilitation plan. However, the plan progress report is not required to be completed if a plan amendment containing the information in subpart 2, items A to E, is filed within 15 days before or after six months have passed from the date the rehabilitation plan was filed.

B. Subsequent plan progress reports may be requested by the commissioner to monitor the progress of the rehabilitation plan. Subsequent reports must be filed with the commissioner within 15 days after the commissioner's written request.

C. The qualified rehabilitation consultant must provide copies of progress reports to the employee, the insurer, and attorneys representing the employee and insurer, at the time the reports are filed with the commissioner. The qualified rehabilitation consultant shall also provide a copy to the date of injury employer if the goal of the rehabilitation plan is to return the employee to work with that employer.

Subp. 4. Commissioner's actions.

Based on the information contained in the current plan progress report and in other reports available to the commissioner, the commissioner may perform a more thorough review of the rehabilitation effort. The purpose of the commissioner's review is to determine if the plan is adequate to carry out the objectives of rehabilitation under Minnesota Statutes, section 176.102, subdivision 1, paragraph (b). The commissioner's review may include, but is not limited to the following:

A. requesting additional information from the assigned qualified rehabilitation consultant, the qualified rehabilitation consultant firm, and the rehabilitation vendor;

B. conducting an on-site inspection during normal business hours of the assigned qualified rehabilitation consultant's records for documentation of service provision according to the rehabilitation plan; and

C. other actions pursuant to Minnesota Statutes, section 176.102, subdivision 6, paragraph (b), and parts 5220.1800 to 5220.1806.

History

Statutory Authority: MS s 176.102; 176.83
History: 17 SR 3361; 29 SR 1480; 49 SR 1383

Minn. R. 5220.0500 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.0510 Plan Amendment and Closure

Subpart 1. Reasons for amendment.

Whenever circumstances indicate that the rehabilitation plan objectives are not likely to be achieved, proposals for plan amendment may be considered by the parties. A rehabilitation plan may be amended for good cause, including but not limited to:

A. a new or continuing physical limitation that significantly interferes with the implementation of the plan;

B. the employee is not participating effectively in the implementation of the plan;

C. a need to change the vocational goal of the rehabilitation plan;

D. the projected rehabilitation cost or duration, as stated in the rehabilitation plan, will be exceeded; or

E. the employee feels ill-suited for the type of work for which rehabilitation is being provided.

Subp. 2. Procedure and responsibilities.

The assigned qualified rehabilitation consultant shall recommend a plan amendment when reasons for amendment are present. Parties other than the assigned qualified rehabilitation consultant may propose amendments. It is the responsibility of the assigned qualified rehabilitation consultant to facilitate discussion of proposed amendments.

Subp. 2a. Process.

Upon preparation of the proposed plan amendment the assigned qualified rehabilitation consultant shall provide a copy to the employee, the insurer, and any attorneys representing the employee or insurer. The qualified rehabilitation consultant shall also provide a copy to the date of injury employer if the goal of the rehabilitation plan is to return the employee to work with that employer.

Subp. 2b. Party's response.

Upon receipt of the proposed rehabilitation plan amendment, the employee, insurer, and qualified rehabilitation consultant must, within 15 days, either:

A. sign the plan amendment signifying agreement and return it to the assigned qualified rehabilitation consultant; or

B. promptly notify the assigned qualified rehabilitation consultant of any objection to the plan amendment and work with the assigned qualified rehabilitation consultant to resolve the objection by agreement. However, if the objection is not resolved, the objecting party must file a rehabilitation request for assistance with the commissioner within 15 days of receipt of the proposed amendment. These disputes will be resolved according to part 5220.0950. If no rehabilitation request for assistance objecting to the plan amendment is filed within 15 days of the party's receipt, the approval process will occur as provided in subpart 2d.

Subp. 2c. Filing.

The assigned qualified rehabilitation consultant shall file a copy of the rehabilitation plan amendment with the commissioner within 15 days of circulation to the parties.

Subp. 2d. Approval.

A rehabilitation plan amendment that all parties have signed is deemed approved by the commissioner upon filing.

If a party fails to sign the plan amendment or fails to file a rehabilitation request for assistance objecting to the proposed plan within the 15 days specified in subpart 2b, it shall be presumed that the party is in substantial agreement with the plan amendment's vocational objective and the services that are proposed. In this event the assigned qualified rehabilitation consultant shall file the plan amendment with the commissioner along with evidence of the date the plan amendment was sent to each party and, upon receipt, the plan amendment will be deemed approved. The insurer is liable for reasonable fees for a rehabilitation plan that is deemed approved under this subpart until a further plan amendment is filed or ordered by the commissioner or compensation judge. A party's failure to sign a plan amendment shall not constitute a waiver of any right to subsequently dispute it or to dispute whether the rehabilitation fees relative to it are reasonable.

Subp. 3. Requirements.

The rehabilitation plan amendment shall be filed on the form prescribed by the commissioner. The prescribed form shall contain substantially the following:

A. identifying information on the employee, employer, insurer, the assigned qualified rehabilitation consultant, and any change of qualified rehabilitation consultant;

B. the proposed amendment;

C. a rationale for the amendment;

D. if the amendment adds rehabilitation services, an itemization of each additional rehabilitation service to be provided including any rehabilitation vendor names, dates of initiation and completion, and estimated costs of each service;

E. if the amendment will result in a change in the projected plan completion date, the new completion date;

F. if the amendment will result in a change in the projected plan cost, the new estimated cost;

G. employee comments, if any; and

H. the dated signatures of the employee, insurer, and assigned qualified rehabilitation consultant.

Subp. 3a. Reporting a change of qualified rehabilitation consultant.

A. When the employee has the right to change qualified rehabilitation consultants without approval under part 5220.0710, subpart 1, the plan amendment form is not required to be circulated to the parties for signature under subparts 2b, 2c, and 2d, but the new qualified rehabilitation consultant shall notify the department of the change by filing a plan amendment form with the commissioner. The plan amendment shall be filed with the commissioner within 15 calendar days of receipt of information transferred by the former qualified rehabilitation consultant as required by part 5220.1802, subpart 4a. The new qualified rehabilitation consultant shall also send a copy of the form to the parties as specified in subpart 2a when it is sent to the commissioner for filing.

B. If approval of a change of qualified rehabilitation consultants is required under part 5220.0710 and the insurer has approved the change, the new qualified rehabilitation consultant shall reflect the change on the plan amendment form, circulate the form for signatures, and file the form with the commissioner within 15 calendar days of obtaining the signatures. The former qualified rehabilitation consultant shall transfer information to the new qualified rehabilitation consultant as required by part 5220.1802, subpart 4a. If approval is required and the insurer has not agreed to the change, the employee shall proceed according to part 5220.0710, subpart 3.

C. If a qualified rehabilitation consultant elects to withdraw as the assigned qualified rehabilitation consultant under subpart 7a, item C, the consultant shall document the withdrawal on the plan amendment form. The qualified rehabilitation consultant shall file the plan amendment form with the commissioner and send a copy to the parties as specified in subpart 2a and the department's vocational rehabilitation unit when it is sent to the commissioner for filing.

Subp. 4. Amendment by commissioner.

If a plan is modified for good cause pursuant to Minnesota Statutes, section 176.102, subdivision 8, or as a result of an administrative conference pursuant to Minnesota Statutes, section 176.106, the commissioner shall notify all interested parties of the modification and the reasons for the modification.

Subp. 5. Request for closure before plan completion by filing request for assistance.

At any time, the insurer or employee may request the closure or suspension of rehabilitation services by filing a rehabilitation request for assistance with the commissioner. The commissioner or a compensation judge may close or suspend rehabilitation services for good cause, including, but not limited to:

A. a new or continuing physical limitation that significantly interferes with the implementation of the plan;

B. the employee's performance indicates that the employee is unlikely to successfully complete the plan;

C. the employee is not participating effectively in the implementation of the plan; or

D. the employee is not likely to benefit from further rehabilitation services.

Subp. 6. Commissioner's authority to initiate closure.

If the commissioner initiates the termination of rehabilitation services pursuant to Minnesota Statutes, section 176.102, subdivision 6, or through an administrative conference pursuant to Minnesota Statutes, section 176.106, all interested parties shall be provided written notice of the proposed decision and an opportunity to be heard either in person or through the submission of written information.

Subp. 7. Closure report by assigned qualified rehabilitation consultant.

The assigned qualified rehabilitation consultant shall file a rehabilitation plan closure report on a form prescribed by the commissioner within 30 calendar days of knowledge that:

A. the employee has been steadily working at suitable gainful employment for 30 days or more, or the time period provided for in the plan;

B. the employee's rehabilitation benefits have been closed out by an award on stipulation or award on mediation;

C. the employee and insurer have agreed to close the rehabilitation plan;

D. the qualified rehabilitation consultant has been unable to locate the employee following a good faith effort to do so;

E. the employee has died; or

F. the commissioner or a compensation judge has ordered that the rehabilitation plan be closed and there has been no timely appeal of that order. The form reporting plan closure must be sent to the employee and the insurer when filed with the commissioner. The form shall contain substantially the following:

Subp. 7a. Plan closure report; insurer's denial of further liability.

A. The qualified rehabilitation consultant shall also file the plan closure report form specified in subpart 7 if the consultant decides to withdraw as the assigned qualified rehabilitation consultant after the insurer has provided written notice to the employee, the employee's attorney, the commissioner, and the qualified rehabilitation consultant that the insurer is denying further liability for the injury for which rehabilitation services are being provided. The qualified rehabilitation consultant shall attach a copy of the insurer's notice to the plan closure form and shall provide a copy of the form and notice to the employee, any attorney for the employee, and the vocational rehabilitation unit established under Minnesota Statutes, section 176.104.

B. The qualified rehabilitation consultant shall continue to provide services according to the approved plan until the plan closure report form is filed and provided to the parties and the vocational rehabilitation unit as specified in item A.

C. This subpart does not apply if a claim petition, objection to discontinuance, request for an administrative conference, or other document initiating litigation has been filed on the liability issue. Where any of these litigation documents have been filed and the qualified rehabilitation consultant decides to withdraw as the assigned qualified rehabilitation consultant, the consultant shall document the withdrawal on the rehabilitation plan amendment form according to subpart 3a, item C.

Subp. 8. Disputes.

In the case of a dispute about a plan amendment or closure, any party may file a rehabilitation request for assistance according to Minnesota Statutes, chapter 176, and part 5220.0950.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 29 SR 1480; 49 SR 1383

Minn. R. 5220.0600 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.0700 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.0710 Employee Choice of Qualified Rehabilitation Consultant; Change of Qualified Rehabilitation Consultant

Subpart 1. Employee right to choose.

Pursuant to Minnesota Statutes, section 176.102, subdivision 4, the employee has a right to choose a qualified rehabilitation consultant as defined in part 5220.0100, subpart 23, once at any time in the period beginning before the rehabilitation consultation and ending 60 days after filing of the rehabilitation plan. Within these time limitations, the employee need not seek the approval of the insurer when choosing a qualified rehabilitation consultant. If the employee chooses a qualified rehabilitation consultant under this part, the employee shall notify the insurer in writing of the name, address, and telephone number of the qualified rehabilitation consultant chosen.

Subp. 2. Documentation.

When a change of qualified rehabilitation consultant occurs, the new assigned qualified rehabilitation consultant shall promptly inform the commissioner of the change in assigned qualified rehabilitation consultant by filing the prescribed form with the commissioner. The prescribed form shall contain identifying information on the employee, employer, insurer, the new assigned qualified rehabilitation consultant, and the former assigned qualified rehabilitation consultant.

Subp. 3. Dispute resolution.

After exhaustion of the employee's choices in subpart 1, any party may propose a change of assigned qualified rehabilitation consultant. The parties may at any time agree to a change and select a new qualified rehabilitation consultant. If a dispute about change or selection arises, and the parties are not able to resolve that dispute, the dispute shall be resolved by a determination of the commissioner or a compensation judge as provided in Minnesota Statutes, chapter 176, and part 5220.0950. If the employee's choice has not been exhausted as outlined in subpart 1, the determination shall be made according to the employee's choice. If the employee's choice has been exhausted or if the request to change qualified rehabilitation consultants is filed more than 60 days after the rehabilitation plan was filed, the determination shall be made according to the best interest of the parties. The best interest of the parties shall be determined based on the goals of rehabilitation as provided in Minnesota Statutes, section 176.102, subdivision 1, paragraph (b). If the commissioner or compensation judge determines the qualified rehabilitation consultant's work to be unsatisfactory or the qualified rehabilitation consultant withdraws from the case, and the parties are unable to agree on the selection of a qualified rehabilitation consultant, the commissioner or compensation judge shall assign a new qualified rehabilitation consultant.

Subp. 4. Employee residing or moving out of Minnesota.

Qualified employees who reside outside of Minnesota or who move out of Minnesota may receive services from a rehabilitation professional qualified under that jurisdiction's workers' compensation law to provide rehabilitation services. This subpart does not require the assignment of another rehabilitation professional if the services can be reasonably furnished by a rehabilitation provider registered in Minnesota. When services are provided outside of Minnesota by a rehabilitation professional qualified in that jurisdiction, an assigned qualified rehabilitation consultant in Minnesota shall monitor the provision of services.

Subp. 5. Change of consultant not an exercise of choice by employee.

A change of assigned qualified rehabilitation consultant necessitated by circumstances outside the control of the employee is not a choice by the employee and does not exhaust the employee's right to choice. Such circumstances include, but are not limited to, the assigned qualified rehabilitation consultant leaving practice or the extended illness of the assigned qualified rehabilitation consultant.

If the assigned qualified rehabilitation consultant leaves a firm to work for another firm or to start a solo practice, the employee may either choose to continue with the assigned qualified rehabilitation consultant or remain with the qualified rehabilitation consultant's former firm. Neither option will exhaust the employee's right to choice of a qualified rehabilitation consultant pursuant to subpart 1.

Disputes about changes shall be resolved according to subpart 3.

Subp. 6. Transfer of information.

The former qualified rehabilitation consultant shall transfer pertinent documents to the new assigned qualified rehabilitation consultant pursuant to part 5220.1802, subpart 4a.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 29 SR 1480

Minn. R. 5220.0750 Retraining

Subpart 1. Purpose.

The purpose of retraining is to return the employee to suitable gainful employment through a formal course of study. Retraining is to be given equal consideration with other rehabilitation services, and proposed for approval if other considered services are not likely to lead to suitable gainful employment.

Subp. 2. Plan submission.

A proposed retraining plan shall be filed on a form prescribed by the commissioner and must contain substantially the following:

A. identifying information on the employee, employer, insurer, and assigned qualified rehabilitation consultant;

B. the retraining goal;

C. information about the formal course of study required by the retraining plan, including:

D. starting and completion dates;

E. preinjury job title and economic status, including, but not limited to preinjury wage;

F. a narrative rationale describing the reasons why retraining is proposed, including a summary comparative analysis of other rehabilitation alternatives and information documenting the likelihood that the proposed retraining plan will result in the employee's return to suitable gainful employment;

G. dated signatures of the employee, insurer, and assigned qualified rehabilitation consultant signifying an agreement to the retraining plan; and

H. an attached copy of the published course syllabus, physical requirements of the work for which the retraining will prepare the employee, medical documentation that the proposed training and field of work is within the employee's physical restrictions, reports of all vocational testing or evaluation, and a recent labor market survey of the field for which the training is proposed.

Subp. 3. Amendment.

The commissioner or a compensation judge may amend a retraining plan at the request of an employee if the employee believes that the occupation the employee is being trained for is not suitable, and if the employee's request is made within 90 days from the commencement date of the retraining. No more than one change shall be permitted for this reason. Other amendments may be requested by the parties according to part 5220.0510.

Subp. 4.

[Repealed, 17 SR 3361]

Subp. 5. Retraining plan approval.

When the retraining plan is submitted to the commissioner, the commissioner shall review the proposed retraining plan within 30 days of its submission and notify the parties of plan approval or denial. The commissioner may also request additional information from the parties, confer with the parties, recommend modifications and otherwise seek agreement about the plan. The commissioner may make a determination or pursue resolution of questions regarding the plan consistent with part 5220.0950, subpart 3.

Subp. 6. Disputes.

In the case of a dispute about a retraining plan, any party may file a rehabilitation request for assistance according to Minnesota Statutes, chapter 176 or part 5220.0950.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361

Minn. R. 5220.0800 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.0850 On-the-Job Training

Subpart 1. Objective of on-the-job training.

The primary objective of on-the-job training as defined in part 5220.0100, subpart 21, is suitable gainful employment with the on-the-job training employer that is likely to restore the employee as close as possible to preinjury economic status. A proposed on-the-job training plan may be rejected by the commissioner or compensation judge if the plan is unlikely to achieve this primary objective. However, documentation that the training will increase employability with other employers may be a basis for approval.

Subp. 2. Plan submission.

A proposed on-the-job training plan shall be filed on a form prescribed by the commissioner and must contain the following:

A. identifying information on the employee, employer, insurer, and assigned qualified rehabilitation consultant;

B. information identifying the on-the-job training employer;

C. the title of the job for which the employee is being trained;

D. a job analysis of the training position;

E. information documenting that the training position is within the employee's physical restrictions;

F. a description of the skills the employee will acquire as a result of the training;

G. training commencement and completion dates;

H. the intervals at which the progress of the on-the-job training plan will be assessed;

I. information indicating whether the on-the-job training employer will provide employment to the employee upon completion of the training;

J. the employee's wage during and after training;

K. supplies and tools required by the plan and their cost;

L. weekly workers' compensation benefits to be paid by the insurer during the training;

M. dated signatures of the employee, insurer, assigned qualified rehabilitation consultant, on-the-job training employer, and training instructor signifying agreement with the plan; and

N. a narrative rationale describing the reasons why on-the-job training is proposed, including information that demonstrates that the on-the-job training will result in the employee's return to a job that produces, as close as possible, the preinjury economic status.

Subp. 3. Duration of plan.

A plan for on-the-job training that will last longer than six months may be justified by information that a plan that exceeds six months is needed to master required skills, or that training that exceeds six months will significantly increase the likelihood that the employee will recover preinjury economic status.

Subp. 4. On-the-job training plan approval.

When an on-the-job training plan is submitted to the commissioner, the commissioner shall review the proposed plan within 30 days of its submission and notify the parties of plan approval or rejection. The plan approval process shall be subject to the procedures under part 5220.0410, subpart 6. The commissioner may make a determination or pursue resolution of questions regarding the plan consistent with part 5220.0950, subpart 3.

Subp. 5. Disputes.

In the case of a dispute about an on-the-job training plan, any party may request resolution according to Minnesota Statutes, chapter 176 and part 5220.0950.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 49 SR 1383

Minn. R. 5220.0900 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.0950 Disputes

Subpart 1. Rehabilitation request for assistance.

A. Where issues exist about an employee's entitlement to rehabilitation services, the appropriateness of a proposed plan, or any other dispute about rehabilitation, the employer, employee, or insurer may request assistance to resolve the disputed issues by filing a rehabilitation request on a form prescribed by the commissioner. The form with all its attachments must be served on all parties and be filed with the commissioner. The form must contain the following:

B. The assigned qualified rehabilitation consultant may file with the commissioner and serve on all parties a rehabilitation request to resolve issues involving elements of a rehabilitation plan or fees for rehabilitation services.

C. Except where the insurer has denied ongoing liability for the injury in writing, the assigned qualified rehabilitation consultant shall file with the commissioner and serve on all parties a rehabilitation request for assistance to determine the direction of an approved rehabilitation plan if no party has done so and the qualified rehabilitation consultant is unable to plan or implement rehabilitation services.

Subp. 1a. Rehabilitation response.

If the employee or the qualified rehabilitation consultant has filed a rehabilitation request, the insurer must file a rehabilitation response form with the division and serve copies on the other parties no later than ten days after service of the rehabilitation request form. When an administrative conference is not scheduled, the insurer's failure to file a timely rehabilitation response may result in a determination based solely on the written submissions of the requester.

Subp. 2. Action by commissioner.

If the commissioner refers a dispute to a compensation judge or, based on the written submission of the parties, determines the dispute or schedules an administrative conference to determine the dispute, all parties shall be served with written notice of that action.

The commissioner may require the parties to meet and confer informally prior to a scheduled administrative conference if the facts and issues involved show that a meeting would facilitate resolution of the dispute.

When the commissioner or compensation judge makes a determination on the issues in dispute, copies shall be served on the parties. No determination will be made by the commissioner under Minnesota Statutes, section 176.106, with respect to rehabilitation entitlement if primary liability has been denied.

Subp. 3. Commissioner's initiation of dispute resolution.

If the commissioner independently determines that issues exist regarding an employee's entitlement to rehabilitation or the appropriateness of a proposed plan, or otherwise initiates proceedings before a compensation judge or through an administrative conference, written notice of the issues in dispute shall be served upon the parties.

Subp. 4. Formal hearing.

A party that disagrees with a decision of the commissioner under Minnesota Statutes, section 176.106, may request a formal hearing pursuant to part 5220.1010. The request for hearing will be referred to the Office of Administrative Hearings pursuant to Minnesota Statutes, section 176.106, subdivision 7.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 29 SR 1480

Minn. R. 5220.1000 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.1010 Request for a Formal Hearing

Any party who disagrees with a decision of the commissioner about rehabilitation under Minnesota Statutes, section 176.106 and part 5220.0950 may request a new, formal hearing by filing a form prescribed by the commissioner within 30 days of the service and filing of the commissioner's decision. The request must state what issues continue to be in dispute and must be received by the commissioner within 30 days of service and filing of the commissioner's decision. A copy of the request for hearing shall be served on all parties at the time of filing.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520

Minn. R. 5220.1100 Legal Representation

When an employee or insurer is represented by an attorney and if a notice of representation has not already been filed, the attorney shall notify the commissioner as provided in part 1415.0800. The attorney will receive notices as provided in part 1415.0700. The value of rehabilitation services shall not be used in the calculation of attorney's fees. The legal fees shall be calculated in the manner provided by law. An attorney who has so advised the commissioner will be notified of any proceedings, and will receive rehabilitation reports as provided by part 5220.1802, subpart 3.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361

Minn. R. 5220.1200 Rehabilitation Services, Settlement Agreements

Rehabilitation services pursuant to an approved rehabilitation plan are mandatory for qualified employees. However, if a good faith dispute exists regarding entitlement to rehabilitation services, that dispute may be converted into cash by settlement agreement between the parties pursuant to Minnesota Statutes, section 176.521. Any settlement agreement purporting to compromise all rehabilitation services must be approved by the commissioner, a compensation judge, or the Workers' Compensation Court of Appeals.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520

Minn. R. 5220.1250 Roles of Registered Rehabilitation Providers

An entity may be approved to provide rehabilitation services either as a rehabilitation vendor or as a qualified rehabilitation consultant firm. An individual may be approved to provide rehabilitation services as a qualified rehabilitation consultant intern or, in cases of completion of internship and registration renewal, as a qualified rehabilitation consultant.

A qualified rehabilitation consultant and a qualified rehabilitation consultant intern are approved for the purpose of developing, administering, and implementing a rehabilitation plan, including the provision of rehabilitation services, in accordance with Minnesota Statutes, chapter 176 and the rules adopted to administer it.

A qualified rehabilitation consultant firm is approved for the purpose of employing qualified rehabilitation consultants, qualified rehabilitation consultant interns, and other professional staff as provided in part 5220.1610.

A rehabilitation vendor is approved for the purpose of providing the workers' compensation rehabilitation services of job development and job placement, vocational testing, job seeking skills, labor market survey, postplacement follow-up, and transferrable skills analysis under an approved rehabilitation plan.

The roles of vendor and consultant are distinct and, therefore, a rehabilitation vendor or its employee may not be, or function as, a qualified rehabilitation consultant firm, a qualified rehabilitation consultant, or a qualified rehabilitation consultant intern. Nor may a qualified rehabilitation consultant firm, qualified rehabilitation consultant, or qualified rehabilitation consultant intern be or function as a rehabilitation vendor or as the agent of a vendor.

The distinction of roles between rehabilitation vendor and qualified rehabilitation consultant means the following: A rehabilitation vendor and its employees may provide job development and job placement services under an approved rehabilitation plan for any qualified employee; a qualified rehabilitation consultant firm and its employees may provide job development and job placement services only in cases for which a qualified rehabilitation consultant or qualified rehabilitation consultant intern employed by that firm is the assigned qualified rehabilitation consultant.

There shall be no ownership or financial relationships of any kind between any rehabilitation vendor and qualified rehabilitation consultant firm, qualified rehabilitation consultant, or qualified rehabilitation consultant intern.

The commissioner shall review the professional activities and services of rehabilitation providers to determine whether the activities and services are reasonable and comply with the standards of performance and professional conduct contained in Minnesota Statutes, chapter 176, parts 5220.1800, 5220.1801, 5220.0100 to 5220.1900, and orders issued under those statutes or rules.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361; 49 SR 1383

Minn. R. 5220.1300 [Repealed, 16 SR 2520]

[Repealed, 16 SR 2520]

Minn. R. 5220.1400 [Repealed, 49 SR 1383]

[Repealed, 49 SR 1383]

Minn. R. 5220.1410 Qualified Rehabilitation Consultant Interns and Supervisors: Requirements and Procedures for Registration

Subpart 1. Requirements and application to become a qualified rehabilitation consultant intern.

For registration as a qualified rehabilitation consultant intern, the applicant must meet the following requirements.

A. A qualified rehabilitation consultant intern must be employed by a qualified rehabilitation consultant firm.

B. The applicant must file with the commissioner in the format prescribed by the commissioner a complete application for qualified rehabilitation consultant intern registration that includes:

C. The application must include a plan of supervision that contains a declaration signed by the supervisor that the supervisor will comply with all of the requirements in subpart 4.

D. The applicant must attest that all information in the application is true.

Subp. 2. Approval or denial of qualified rehabilitation consultant intern registration.

A. Within 60 days after receiving a complete application for qualified rehabilitation consultant intern registration, the commissioner must approve or deny the application and notify the applicant whether the application is approved or denied.

B. If the application is approved, the commissioner shall assign a registration number to the qualified rehabilitation consultant intern.

C. The following constitute grounds for denial of the application:

D. An applicant may appeal the commissioner's order denying an application for qualified rehabilitation consultant intern registration.

E. To appeal the commissioner's order, the applicant must file a written request for hearing with the commissioner within 30 days of service of the order denying the application.

F. The request for hearing must be referred to the rehabilitation review panel according to Minnesota Statutes, section 176.102, subdivision 3.

G. Qualified rehabilitation consultant intern registration expires 36 consecutive months from the date that it is approved. If a person's qualified rehabilitation consultant intern registration expires before the person completes all of the requirements in subpart 3 and files an application for initial registration as a qualified rehabilitation consultant, the person must reapply for qualified rehabilitation consultant intern registration and restart the internship from the beginning. The person must not provide rehabilitation services to injured workers if the registration expires before submission of a complete renewal application or before the commissioner has approved or denied the application. The person must complete the requirements in subpart 3, items A to I, after the date the subsequent application for qualified rehabilitation consultant intern registration is approved and must also comply with subpart 3, item J.

Subp. 3. Requirements during the internship.

During the internship, a qualified rehabilitation consultant intern must:

A. comply with the provisions of Minnesota Statutes, chapter 176, and parts 5220.0100 to 5220.1900, and any orders issued under these statutes or rules;

B. complete an introductory orientation training session sponsored by the department within 12 months of approval of qualified rehabilitation consultant intern registration;

C. complete all of the department's rehabilitation provider update sessions;

D. notify the commissioner within two weeks of a change in home address, designated mailing address if different from the home address, or employment with the intern's registered rehabilitation firm;

E. notify the department when their supervisor changes and ensure that the new supervisor provides an updated plan of supervision as required under subpart 1, item C;

F. ensure that all documents bearing the name of the intern designate the intern as a "qualified rehabilitation consultant intern" and include the intern's registration number;

G. work as the assigned qualified rehabilitation consultant intern on 12 or more rehabilitation plans under Minnesota Statutes, section 176.102;

H. be the rehabilitation consultant of record for at least one of each of the following complete reports:

I. prepare at least one of each of the following complete reports or, if necessary due to inability to complete a required report under an assigned rehabilitation plan, contact the department to confirm that the intern can complete the report outside of the intern's assigned files:

J. obtain one of the following certifications by the completion of the internship:

Subp. 4. Requirements for supervisors of qualified rehabilitation consultant interns.

A qualified rehabilitation consultant intern supervisor agrees to be responsible for all of the intern's rehabilitation work. During the internship, the supervisor must:

A. review the rehabilitation statutes and rules with the intern before the intern meets with an injured employee for the first time and throughout the internship as needed to ensure the intern's compliance with the statutes and rules;

B. not bill for supervisory duties;

C. monitor the intern's progress toward completing the internship;

D. attend all administrative conferences and hearings with the intern and ensure that the intern reviews the rehabilitation file and is prepared to respond to questions relevant to the subject of the conference, including questions about the rehabilitation plan, payment for rehabilitation services, and the reasonableness and necessity of rehabilitation services;

E. review all written work that substantively applies to the scope of a rehabilitation plan for any file assigned to the QRC intern;

F. if the intern leaves employment with the firm and will not provide additional rehabilitation services, coordinate the transfer of the intern's files so that injured employees continue to receive rehabilitation services in accordance with part 5220.0710; and

G. currently be a registered QRC with at least three years of QRC work experience, excluding time as a QRC intern.

History

Statutory Authority: MS s 176.102; 176.83
History: 49 SR 1383

Minn. R. 5220.1500 [Repealed, 49 SR 1383]

[Repealed, 49 SR 1383]

Minn. R. 5220.1510 Qualified Rehabilitation Consultants: Requirements and Procedures for Registration

Subpart 1. Completion of qualified rehabilitation consultant internship and requirements to become a qualified rehabilitation consultant.

For initial registration as a qualified rehabilitation consultant, the applicant must meet the following requirements:

A. A qualified rehabilitation consultant must be employed by a qualified rehabilitation consultant firm or the consultant's own qualified rehabilitation consultant firm which must be registered as a qualified rehabilitation consultant firm with the department.

B. At the time the applicant files the initial application for qualified rehabilitation consultant registration:

C. The applicant must file a complete initial application for qualified rehabilitation consultant registration with the commissioner in the format prescribed that includes:

D. The applicant must attest that all information in the application is true.

Subp. 2. Approval or denial of initial application.

A. Within 60 days after receiving a complete initial application for qualified rehabilitation consultant registration, the commissioner must approve or deny the application and notify the applicant whether the application is approved or denied.

B. If the application is approved, the commissioner shall assign a registration number to the qualified rehabilitation consultant.

C. The following constitute grounds for denial of the application:

D. The qualified rehabilitation consultant registration expires one year from the date the application is approved.

Subp. 3. Renewal of qualified rehabilitation consultant registration.

To annually renew registration as a qualified rehabilitation consultant, the applicant must meet the following requirements:

A. A qualified rehabilitation consultant must be employed by a qualified rehabilitation consultant firm.

B. The applicant must file with the commissioner in the format prescribed by the commissioner a complete renewal application for qualified rehabilitation consultant registration that includes:

C. A qualified rehabilitation consultant registered with the commissioner before July 1, 2005, and continuously registered since that date, may either continue to meet the certification requirements in effect at the time of initial registration or meet one of the requirements in item B, subitem (5).

D. The applicant must have submitted documentation showing that the applicant completed the department's most recent rehabilitation provider update session.

E. The applicant must not provide rehabilitation services to injured workers if the applicant's registration expires before submission of a complete renewal application or before the commissioner has approved or denied the application pursuant to subpart 5.

F. The applicant must attest that all information in the application is true.

Subp. 4. Gap in qualified rehabilitation consultant registration.

To ensure there is no gap in qualified rehabilitation consultant registration, the applicant must submit the renewal application for qualified rehabilitation consultant registration at least 60 days before expiration of the applicant's current registration. If an applicant's qualified rehabilitation consultant registration expired more than 12 months before the applicant files a renewal application for qualified rehabilitation consultant registration, the applicant must complete the department's orientation session within 12 months before or after the applicant files the renewal application.

Subp. 5. Approval or denial of renewal application.

A. Within 60 days after receiving a complete renewal application for qualified rehabilitation consultant registration, the commissioner must approve or deny the application and notify the applicant whether the application is approved or denied.

B. The following constitute grounds for denial of the application:

C. If the commissioner denies a renewal application under item B, subitem (2), and the denial is final because the qualified rehabilitation consultant did not file a timely request for hearing or a hearing was timely requested and all appeals have been exhausted, another renewal application may be filed only if the requirements of subitem (1) or (2) are met.

D. The registration expires one year from the date the applicant's current registration was set to expire, unless the applicant was not registered as a qualified rehabilitation consultant on the date that the commissioner received the application, in which case the registration expires one year after the application is approved.

Subp. 6. Appeal process for denials.

A. An applicant may appeal the commissioner's order denying an initial application for qualified rehabilitation consultant registration or a renewal application for qualified rehabilitation consultant registration.

B. To appeal the commissioner's order, the applicant must file a written request for hearing with the commissioner within 30 days of service of the order denying the application.

C. The request for hearing must be referred to the rehabilitation review panel according to Minnesota Statutes, section 176.102, subdivision 3.

D. The filing of a timely request for hearing on an order denying a renewal application must stay the effect of the denial until final disposition of the appeal.

History

Statutory Authority: MS s 176.102; 176.83
History: 49 SR 1383

Minn. R. 5220.1600 [Repealed, 49 SR 1383]

[Repealed, 49 SR 1383]

Minn. R. 5220.1610 Qualified Rehabilitation Consultant Firms: Requirements and Procedures for Registration

Subpart 1. Requirements for qualified rehabilitation consultant firms.

At all times while registered with the commissioner, a qualified rehabilitation consultant firm must meet the requirements in items A to I.

A. The firm must be owned by:

B. If the firm is owned by an entity other than an individual, the management staff must include at least one full-time employee who is a qualified rehabilitation consultant. An employer or insurer must be registered as a qualified rehabilitation consultant firm in order to provide rehabilitation services. A qualified rehabilitation consultant or qualified rehabilitation consultant intern employed by an employer or insurer must only provide rehabilitation services for the claims being handled by the entity by which the qualified rehabilitation consultant or qualified rehabilitation consultant intern is employed.

C. The firm must maintain workers' compensation insurance if required by Minnesota Statutes, chapter 176.

D. The firm must maintain at least one office in Minnesota or within 100 miles by road from the Minnesota border. If a firm does not maintain at least one office in Minnesota or within 100 miles by road from the Minnesota border on the effective date of this part, the firm must comply with this part within 90 days of receiving written notice of the requirement from the department.

E. The firm must not provide rehabilitation services unless the qualified rehabilitation consultant or qualified rehabilitation consultant intern assigned to the injured employee's case file is an employee of the firm.

F. The firm must ensure that each employee who provides rehabilitation services to injured employees attends all department rehabilitation provider update sessions.

G. If the firm hires a new, nonregistered employee who will provide rehabilitation services to injured employees, that employee must, within 12 months of employment, complete the department's orientation session.

H. The firm must retain each of the firm's injured worker case files for at least five years after the date of file closure.

I. If there is a change to the information previously provided to the department on the firm's registration application, including any change in employees who provide rehabilitation services to injured workers, the firm must report the change to the department.

Subp. 2. Staffing requirements.

At all times while registered with the commissioner, a qualified rehabilitation consultant firm must meet the following staffing requirements.

A. At least 60 percent of qualified rehabilitation consultant firm employees providing rehabilitation services to qualified employees shall be qualified rehabilitation consultants or qualified rehabilitation consultant interns. Employees who are not qualified rehabilitation consultants or qualified rehabilitation consultant interns, under the direct supervision of the assigned qualified rehabilitation consultant or qualified rehabilitation consultant intern, may provide the services of job seeking skills training, job development, job placement, vocational testing, labor market survey, postplacement follow-up, and transferrable skills analysis.

B. Any firm employing four or fewer full-time qualified rehabilitation consultants or qualified rehabilitation consultant interns may employ up to two employees who are not qualified rehabilitation consultants or qualified rehabilitation interns who may, under the direct supervision of the assigned qualified rehabilitation consultant or qualified rehabilitation consultant intern, provide the services of job seeking skills training, job development, job placement, vocational testing, transferrable skills analysis, postplacement follow-up, and labor market survey. However, as restricted by part 5220.1250, employees who are not qualified rehabilitation consultants or qualified rehabilitation consultant interns may provide these prescribed services only in cases for which a qualified rehabilitation consultant or qualified rehabilitation consultant intern employed by the same firm is the assigned qualified rehabilitation consultant.

Subp. 3. Qualified rehabilitation consultant firm registration.

For registration as a qualified rehabilitation consultant firm, the applicant must meet the following requirements.

A. The applicant must file a complete application for qualified rehabilitation consultant firm registration in the format prescribed by the commissioner that includes:

B. If the application is for renewal of qualified rehabilitation consultant firm registration and the applicant does not want a gap in registration, the applicant must submit the renewal application at least 60 days before expiration of the applicant's current registration.

C. The applicant must not provide rehabilitation services to injured workers if the applicant's registration expires before submission of a complete renewal application or before the commissioner has approved or denied the application.

D. The applicant must attest that all information in the application is true and that the applicant meets or will meet all the requirements of subpart 1.

E. The qualified rehabilitation consultant firm registration must be renewed annually, according to subpart 4, item C.

Subp. 4. Approval or denial of application.

A. Within 60 days after receiving a complete application for qualified rehabilitation consultant firm registration, the commissioner must approve or deny the application and notify the applicant whether the application is approved or denied. The following constitute grounds for denial of the application:

B. If the commissioner approves the application, the commissioner shall assign a registration number to the qualified rehabilitation consultant firm.

C. The registration expires one year from the date the applicant's current registration was set to expire, unless the applicant was not registered as a qualified rehabilitation consultant firm on the date that the commissioner received the application, in which case the registration expires one year after the application is approved.

Subp. 5. Appeal process for denials.

A. An applicant may appeal the commissioner's order denying an application for qualified rehabilitation consultant firm registration.

B. To appeal the commissioner's order, the applicant must file a written request for hearing with the commissioner within 30 days of service of the order denying the application.

C. The request for hearing must be referred to the rehabilitation review panel according to Minnesota Statutes, section 176.102, subdivision 3.

D. The filing of a timely request for hearing on an order denying an application must stay the effect of the denial until final disposition of the appeal.

Subp. 6. Retention and transfer of rehabilitation plans.

If the registration of a qualified rehabilitation consultant firm expires, the qualified rehabilitation consultant who owns the firm or is a member of the firm's management staff must ensure that the firm's active rehabilitation plans are transferred to a qualified rehabilitation consultant or a qualified rehabilitation consultant firm as required by part 5220.1802, subpart 4a.

History

Statutory Authority: MS s 176.102; 176.83
History: 49 SR 1383

Minn. R. 5220.1700 [Repealed, 49 SR 1383]

[Repealed, 49 SR 1383]

Minn. R. 5220.1710 Rehabilitation Vendors: Requirements and Procedures for Registration

Subpart 1. Requirements for rehabilitation vendors.

At all times while registered with the commissioner, a rehabilitation vendor must meet the requirements in items A to K.

A. The rehabilitation vendor must be owned by:

B. The rehabilitation vendor must maintain workers' compensation insurance if required by Minnesota Statutes, chapter 176.

C. The rehabilitation vendor must maintain at least one office where services to injured employees are provided in Minnesota or within 100 miles by road from the Minnesota border. If a vendor does not maintain at least one office in Minnesota or within 100 miles by road from the Minnesota border on the effective date of this part, the vendor must comply with this part within 90 days of receiving written notice of the requirement from the department.

D. The rehabilitation vendor must cooperate in any request for information or investigation by the department.

E. The rehabilitation vendor may only provide rehabilitation services to injured employees under an approved rehabilitation plan.

F. The rehabilitation vendor must promptly communicate with the assigned qualified rehabilitation consultant or qualified rehabilitation consultant intern regarding all rehabilitation services that the rehabilitation vendor provides to injured employees.

G. Each employee of the rehabilitation vendor who provides rehabilitation services to injured employees must attend all department rehabilitation provider update sessions.

H. If the rehabilitation vendor hires a new employee who will provide rehabilitation services to injured employees, that employee must, within 12 months of employment, complete the department's orientation session.

I. If the rehabilitation vendor is no longer providing services to injured employees, the rehabilitation vendor must provide any active or closed case file to the qualified rehabilitation consultant firm that last employed the qualified rehabilitation consultant or qualified rehabilitation consultant intern assigned to the file.

J. Within two weeks of the change, the rehabilitation vendor must report to the department any change in any of the information provided to the department on the rehabilitation vendor's registration application, including any change in employees who provide rehabilitation services to injured employees.

K. The rehabilitation vendor must not employ or otherwise engage the services of a qualified rehabilitation consultant.

Subp. 2. Rehabilitation vendor registration.

For registration as a rehabilitation vendor, the applicant must meet the following requirements.

A. The applicant must file a complete application for rehabilitation vendor registration in the format prescribed by the commissioner that includes:

B. If the application is for renewal of rehabilitation vendor registration and the applicant wants no gap in registration, the applicant must submit the renewal application at least 60 days before expiration of the applicant's current registration.

D. The applicant must attest that all information in the application is true and that the applicant meets or will meet all the requirements of subpart 1.

E. The rehabilitation vendor registration must be renewed annually, in accordance with subpart 3, item C.

Subp. 3. Approval or denial of application.

A. Within 60 days after receiving a complete application for rehabilitation vendor registration, the commissioner must approve or deny the application and notify the applicant whether the application is approved or denied. The following constitute grounds for denial of the application:

B. If the commissioner approves the application, the commissioner shall assign a registration number to the rehabilitation vendor.

C. The registration expires one year from the date the applicant's current registration was set to expire, unless the applicant was not registered as a rehabilitation vendor on the date that the commissioner received the application, in which case the registration expires one year after the application is approved.

Subp. 4. Appeal process for denials.

A. An applicant may appeal the commissioner's order denying an application for rehabilitation vendor registration.

B. To appeal the commissioner's order, the applicant must file a written request for hearing with the commissioner within 30 days of service of the order denying the application.

C. The request for hearing will be referred to the rehabilitation review panel according to Minnesota Statutes, section 176.102, subdivision 3.

D. The filing of a timely request for hearing on an order denying an application must stay the effect of the denial until final disposition of the appeal.

History

Statutory Authority: MS s 176.102; 176.83
History: 49 SR 1383

Minn. R. 5220.1750 Vocational Rehabilitation Unit

The vocational rehabilitation unit of the department and its employees are exempt from payment of the fees in parts 5220.1410, 5220.1510, and 5220.1610.

History

Statutory Authority: MS s 176.102; 176.83
History: 49 SR 1383

Minn. R. 5220.1800 Standards of Performance

Monitoring and supervision of rehabilitation providers by the commissioner shall include an assessment of rehabilitation provider professional competence and effectiveness of rehabilitation services based upon substantial noncompliance with prevailing norms of the profession to be established by rule from data collected by the department regarding duration of service, cost of service, and case outcomes.

In addition, the standards of conduct described in parts 5220.1801 to 5220.1806 which establish minimum standards concerning the professional activities and services of rehabilitation providers shall be taken into account.

The administration of rehabilitation provider discipline under Minnesota Statutes, section 176.102, subdivision 3a, will also be based upon the standards in parts 5220.1801 to 5220.1806, as well as on adherence to Minnesota Statutes, chapter 176, rules adopted to administer it, and orders of the commissioner or a compensation judge.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 16 SR 2520; 17 SR 3361

Minn. R. 5220.1801 Professional Conduct

Subpart 1. Prompt provision of service and assessment of progress.

The assigned qualified rehabilitation consultant and any rehabilitation vendor providing rehabilitation services under a plan shall provide prompt and necessary rehabilitation services to assist a qualified employee to return to suitable gainful employment. The qualified rehabilitation consultant shall periodically assess progress toward plan objectives.

Subp. 2. Assigned qualified rehabilitation consultant.

Only the assigned qualified rehabilitation consultant, or a qualified rehabilitation consultant designated by the assigned qualified rehabilitation consultant to function in an advisory capacity to the assigned consultant, shall be involved at any given time in the employee's rehabilitation plan, except as stated in subparts 5 and 7. The assigned qualified rehabilitation consultant shall advise the insurer before involving or requesting advisory services from any other qualified rehabilitation consultant. No qualified rehabilitation consultant or qualified rehabilitation consultant firm shall provide rehabilitation services to a case that has an assigned qualified rehabilitation consultant employed by another qualified rehabilitation consultant firm. This subpart shall not apply to a qualified rehabilitation consultant acting on behalf of the reinsurance association in a monitoring or advisory capacity on a reinsurance claim file.

Subp. 3.

[Repealed, 16 SR 2520]

Subp. 4.

[Repealed, 16 SR 2520]

Subp. 4a. Objectivity.

Good faith disputes may arise among parties about rehabilitation services or about the direction of a rehabilitation plan. A rehabilitation provider shall remain professionally objective in conduct and in recommendations on all cases.

Subp. 5. Evaluation of employee by other than assigned qualified rehabilitation consultant.

Except as provided in subpart 7, where retraining has been recommended, or in Minnesota Statutes, section 176.102, subdivision 13 as ordered, a rehabilitation provider is prohibited from performing an independent evaluation of an employee at any time unless litigation pursuant to part 1415.0100, is pending. If that litigation is pending, a qualified rehabilitation consultant who is not the assigned qualified rehabilitation consultant may perform an evaluation of the employee at the request of one of the parties solely for the purpose of the proceeding.

Subp. 6.

[Repealed, 17 SR 3361]

Subp. 7. Referrals.

An assigned qualified rehabilitation consultant may make recommendations for referrals to appropriate resources.

Subp. 8. Separate roles and functions.

A. The roles and functions of a claims agent and a rehabilitation provider are separate. A qualified rehabilitation consultant, qualified rehabilitation consultant intern, rehabilitation vendor, or an agent of a rehabilitation provider, shall engage only in those activities designated in Minnesota Statutes, section 176.102, and rules adopted thereunder.

B. A qualified rehabilitation consultant, qualified rehabilitation consultant intern, or rehabilitation vendor shall not act as an advocate for or advise any party about a claims or entitlement issue. Except as permitted by item C, qualified rehabilitation consultants, qualified rehabilitation consultant interns, and rehabilitation vendors shall at no time in any capacity engage in any of the following activities regarding any claim for workers' compensation benefits pursuant to Minnesota Statutes, chapter 176:

C. This subpart shall not prohibit a registered rehabilitation provider from engaging in the activities in item B, subitems (4) and (5), while providing medical case management services for a certified managed care plan to the extent permitted by part 5218.0760. However, a medical case manager for an employee covered by a certified managed care plan may not be the assigned qualified rehabilitation consultant for that same employee. This subpart shall not prohibit a qualified rehabilitation consultant acting on behalf of the reinsurance association from consulting with the assigned qualified rehabilitation consultant regarding the rehabilitation plan.

Subp. 9. Prohibited conduct.

The conditions and restrictions of practice as a rehabilitation provider are contained in parts 5220.0100 to 5220.1900 and Minnesota Statutes, section 176.102. The following conduct is specifically prohibited and is also grounds for discipline:

A. Reporting or filing false or misleading information or a statement in connection with a rehabilitation case or in procuring registration or renewal of registration as a rehabilitation provider, whether for oneself or for another.

B. Conviction of a felony or a gross misdemeanor reasonably related to the provision of rehabilitation services.

C. Conviction of crimes against persons. For purposes of this chapter, a crime against a person means a violation of any of the following sections: Minnesota Statutes, section 609.185, 609.19, 609.195, 609.20, 609.205, 609.2112, 609.2113, 609.2114, 609.215, 609.221, 609.222, 609.223, 609.224, 609.23, 609.231, 609.235, 609.24, 609.245, 609.25, 609.255, 609.265, 609.26, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.50, 609.561, 609.562, or 609.595, or Minnesota Statutes 2012, section 609.21.

D. Restriction, limitation, or other disciplinary action against the rehabilitation provider's certification, registration, or right to practice as a rehabilitation provider in another jurisdiction for offenses that would be subject to disciplinary action in this state, or failure to report to the department the charges which have been brought in another state or jurisdiction against the rehabilitation provider's certification, registration, or right to practice.

E. Failure or inability to perform professional rehabilitation services with reasonable skill because of negligence, habits, or other cause, including the failure of a qualified rehabilitation consultant to monitor a vendor or qualified rehabilitation consultant intern, or the failure of a rehabilitation provider to adequately monitor the performance of services provided by a person working at the rehabilitation provider's direction.

F. Engaging in conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health, welfare, or safety of a rehabilitation client.

G. Engaging in conduct with a client that is sexual or may be reasonably interpreted by the client as sexual or in any verbal behavior that is seductive or sexually demeaning to a client or engaging in sexual exploitation of a client or a former client.

H. Obtaining money, property, or services other than reasonable fees for services provided to the client through the use of undue influence, harassment, duress, deception, or fraud.

I. Engaging in fraudulent billing practice.

J. Knowingly aiding, assisting, advising, or allowing an unqualified person to engage in providing rehabilitation services.

K. Engaging in adversarial communication or activity. Adversarial communication includes, but is not limited to:

L. Providing an opinion on settlement and recommending entering into a settlement agreement.

M. Making a recommendation about retirement; however, a rehabilitation provider may assist an employee in contacting resources about a choice of retirement or return to work.

N. Failure to take due care to ensure that a rehabilitation client is placed in a job that is within the client's physical restrictions.

O. Failure to maintain service activity on a case without advising the parties of the reason why service activity might be stopped or reduced.

P. Failure to recommend plan amendment, closure, or another alternative when it may be reasonably known that the plan's objective is not likely to be achieved.

Q. Unlawful discrimination against any person on the basis of age, gender, religion, race, disability, nationality, or sexual preference, or the imposition on a rehabilitation client of any stereotypes of behavior related to these categories.

Subp. 10. Professional competence.

Rehabilitation providers shall limit themselves to the performance of only those services for which they have the education, experience, and qualifications.

Rehabilitation providers shall accurately represent their level of skill and competency to the department, the public, and colleagues.

Rehabilitation providers shall not administer or interpret tests without proper training, experience, or credentials. Administration of tests must be supervised by a person who is so trained, experienced, or credentialed.

A rehabilitation provider shall understand the areas of competence of other professional persons with whom the rehabilitation client establishes relationships, and act with due regard for the needs, privileged nature, special competencies, and obligations of colleagues and other professionals and not disparage their qualifications.

Subp. 11. Impaired objectivity.

A rehabilitation provider shall not use alcoholic beverages, medication, or controlled substances in a manner that impairs the provider's ability to perform the rehabilitation services.

Rehabilitation providers shall not use a professional relationship to further personal, religious, political, or financial interests, although adherence to ethical norms shall not be construed as personal or religious interest.

A rehabilitation provider must not undertake or continue a professional relationship in which the objectivity of the provider is or would be impaired due to a familial, social, emotional, economic, supervisory, or political interpersonal relationship.

The rehabilitation provider shall disclose any potential conflicts of interest to the parties to the case and their attorneys.

Adjudication of a rehabilitation provider as mentally incompetent, mentally ill, chemically dependent, or dangerous to the public by a court in any state is grounds for suspension or revocation of registration.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 9 SR 1478; 16 SR 2520; 17 SR 3361; 29 SR 1480; L 2014 c 180 s 9; 49 SR 1383

Minn. R. 5220.1802 Communications

Subpart 1. Legibility and content of required reports.

All required rehabilitation reports and required progress records prepared by a rehabilitation provider shall be legible and show the employee's name, department file number, and date of injury.

Subp. 2. Submission of reports.

All required rehabilitation reports shall be submitted on department forms prescribed by the commissioner.

Subp. 3. Copies of reports and records.

The assigned qualified rehabilitation consultant shall file all required rehabilitation reports with the commissioner, and provide copies to all parties and their attorneys as the reports are created by the consultant. The qualified rehabilitation consultant shall provide a copy of required progress records to the employee, the insurer, and their attorneys, and also to the employer upon the employer's request. The qualified rehabilitation consultant may not charge for the initial copy or photocopy of required rehabilitation reports or required progress records. If additional copies are requested by any party, the qualified rehabilitation consultant is entitled to reasonable compensation for cost from the requesting party. A dispute about cost is not a basis for a provider to withhold required reports or records when requested.

The requesting party shall pay for reasonable costs incurred by a rehabilitation provider in creating a report not required by rule or requested by the commissioner or compensation judge.

Subp. 4. Rehabilitation vendor reporting.

At least each 30 days, the rehabilitation vendor shall submit all required progress records, required rehabilitation reports and cost information on an employee's case directly to the assigned qualified rehabilitation consultant with copies to the employee, the insurer, and their attorneys, and also to the employer upon the employer's request.

Subp. 4a. Transfer of information.

Whenever there is a change of assigned qualified rehabilitation consultants or consultant firms, the former qualified rehabilitation consultant firm shall cooperate in transferring to the new assigned qualified rehabilitation consultant or qualified rehabilitation consultant firm all data, required rehabilitation reports, required progress records, and incurred rehabilitation cost information along with other relevant information within 15 days from the receipt of notice that a new consultant is assigned under part 5220.0710 and Minnesota Statutes, section 176.102. The former qualified rehabilitation consultant firm may not charge a party for the transfer of information to the new assigned qualified rehabilitation consultant or qualified consultant firm.

Subp. 5. Data privacy.

A rehabilitation provider must comply with Minnesota Statutes, chapters 175 and 176, the rules adopted under those chapters, Code of Federal Regulations, title 42, part 2, Minnesota Statutes, sections 129A.05; 144.291 to 144.298; 144.651; 147.091; 181.954; 181.960; 268A.05; 363A.20, subdivision 8; and 595.02, as applicable, and all other applicable data privacy laws.

A rehabilitation provider shall not engage in communications with health care providers about an employee without the written consent of the employee.

A rehabilitation provider shall safeguard and maintain under conditions of security all information obtained in the course of providing rehabilitation consultation and services and shall limit records access to those parties for whom access is prescribed by Minnesota Statutes, section 176.102, subdivision 7, this chapter, or other applicable law.

When permitted by data privacy laws, disclosure of information obtained in the course of providing rehabilitation services is restricted to what is necessary, verified, and relevant to implementation of the rehabilitation plan.

A rehabilitation provider shall request only the information and data that will assist the parties in developing and carrying out the rehabilitation plan.

Subp. 6.

[Repealed, 16 SR 2520]

Subp. 7.

[Repealed, 16 SR 2520]

Subp. 8.

[Repealed, 16 SR 2520]

Subp. 9.

[Repealed, 16 SR 2520]

Subp. 10. Providing records.

The rehabilitation provider assigned to a case shall maintain all required progress records and copies of all required rehabilitation reports regarding a case and shall make these records available upon request to the commissioner. This subpart shall not apply to the reinsurance association, unless the reinsurance association has assumed primary responsibility for the claim pursuant to Minnesota Statutes, section 79.35, clause (g).

Subp. 11. Access to medical and rehabilitation reports.

The assigned qualified rehabilitation consultant shall furnish other rehabilitation providers designated by the rehabilitation plan with copies of all appropriate medical and rehabilitation reports necessary for effective service provision by the other providers.

Subp. 12. Communication with certified managed care plan.

When the employee is covered by a certified managed care plan, the assigned qualified rehabilitation consultant shall communicate with the assigned medical case manager who is providing services in accordance with part 5218.0760.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 9 SR 1478; 16 SR 2520; 17 SR 3361; 29 SR 1480; L 2007 c 147 art 10 s 15; 49 SR 1383

Minn. R. 5220.1803 Responsibilities

Subpart 1. Instruction by qualified rehabilitation consultant.

The assigned qualified rehabilitation consultant shall, at the first in-person contact, instruct employees of their rights and responsibilities relating to rehabilitation and of the purpose of rehabilitation services. The assigned qualified rehabilitation consultant shall sign and date the prescribed rehabilitation rights and responsibilities form at the first in-person contact with the employee, and provide the employee, insurer, and commissioner with a copy.

Subp. 1a. Disclosure of information.

The disclosures required by Minnesota Statutes, section 176.102, subdivision 4, must be made at the first meeting or written communication with an employee. For purposes of the disclosures, the following terms shall have the meanings given them.

A. "Ownership interest" includes, but is not limited to, any partnership or holding, subsidiary, or corporate relationship as well as ordinary ownership interest.

B. "Business referral" means any referral arrangement, whether documented or not.

Subp. 2. Knowledge of laws and rules.

A rehabilitation provider shall be knowledgeable and informed regarding portions of the workers' compensation law and rules that directly relate to the provision of rehabilitation services. Communication of inaccurate information regarding workers' compensation is grounds for discipline.

Subp. 3.

[Repealed, 16 SR 2520]

Subp. 4.

[Repealed, 16 SR 2520]

Subp. 5. Reporting requirements.

The assigned qualified rehabilitation consultant shall file with the commissioner, by attaching to all rehabilitation plans, an initial evaluation narrative report about the employee that includes the following information in summary fashion: medical status, vocational history, educational history, social history, relevant economic factors, transferable skills, employment barriers, and recommendations. The qualified rehabilitation consultant shall file additional progress summaries, if requested by the commissioner.

The assigned qualified rehabilitation consultant shall periodically report progress and case activity in writing to the parties at reasonable intervals or as requested by the parties.

The rehabilitation provider registration number assigned by the commissioner shall be on all reports submitted by the rehabilitation provider.

The assigned qualified rehabilitation consultant shall maintain individual employee files containing required rehabilitation reports and required progress records about an employee's case and shall provide copies to the commissioner, a compensation judge, or the parties at their request or as required by rule. For the purpose of Minnesota Statutes, chapter 176, and parts 5220.0100 to 5220.1900, individual employee files containing all required rehabilitation reports and required progress records must be maintained by the qualified rehabilitation consultant firm for five years after the date of file closure. This requirement is in addition to and does not otherwise change or alter any other data retention time period required by law.

The assigned qualified rehabilitation consultant must provide the commissioner with any other requested pertinent information about a qualified employee's rehabilitation for purposes of rehabilitation monitoring by the department.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 16 SR 2520; 17 SR 3361

Minn. R. 5220.1804 [Repealed, 11 SR 2237]

[Repealed, 11 SR 2237]

Minn. R. 5220.1805 Business Practices

All rehabilitation providers shall abide by the following rules concerning a provider's business practices:

A. Rehabilitation providers shall adhere to all federal, state, and local laws.

B. Rehabilitation providers shall not misrepresent themselves, their duties, or credentials. Rehabilitation providers must not promise or offer services or results they cannot deliver or have reason to believe they cannot provide. Advertising must be factually accurate and must avoid exaggerating claims as to costs, results, and endorsements by other parties.

C. A rehabilitation provider shall not solicit referrals directly or indirectly by offering money or gifts. De minimis gifts are not considered the offering of money or gifts. De minimis gifts are those that have a fair market value of less than $25.

D. A rehabilitation provider shall not request or authorize a rehabilitation client to solicit other business on behalf of the rehabilitation provider.

E. A rehabilitation provider shall advise the referral source and payer of its fees and reporting procedures in advance of rendering any services and shall also furnish, upon request, detailed and accurate time records regarding any bills in question. Rehabilitation providers shall fully disclose to a payer the basis for computing and prorating a fee so that the payer may determine the reasonableness of the fee charged. When more than one employee is served during the same time period, the rehabilitation provider shall prorate the fee.

F. Any fee arrangement which prevents or compromises individualized assessment and services for each employee is grounds for discipline. This may include any fee arrangement which provides employees with standardized services whether or not the services are necessary.

G. A rehabilitation provider shall not incur profit, split fees, or have an ownership interest with another rehabilitation provider outside of the firm that employs the provider.

H. Qualified rehabilitation consultants shall not incur profit, split fees, or have an ownership interest with health care providers. "Health care providers" means those defined in Minnesota Statutes, section 176.011, subdivision 24.

I. The prohibitions of items G and H shall not be construed to prevent married couples or family members from engaging simultaneously in rehabilitation or health care.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 9 SR 1478; 16 SR 2520; 17 SR 3361

Minn. R. 5220.1806 Disciplinary Action

Subpart 1. Discipline.

A rehabilitation provider is subject to disciplinary action, including a fine as provided by statute, suspension, and revocation of registration. Failure to comply with the standards of performance and professional conduct contained in parts 5220.1800 and 5220.1801 or the violation of any of the provisions of Minnesota Statutes, chapter 176, parts 5220.0100 to 5220.1900, or orders issued under the statutes or rules constitute grounds for discipline.

Subp. 2. Complaints.

The commissioner shall review the activities of rehabilitation providers. Complaints about activities or services of rehabilitation providers relating to noncompliance with laws, rules, or orders shall be made in writing to the commissioner. A complaint may be submitted by any party who becomes aware of a violation, including designees of the commissioner, administrative law judges, and presiding officials at judicial proceedings.

If a rehabilitation provider fails to comply with the standards of performance and professional conduct contained in parts 5220.1800 and 5220.1801 or any of the provisions of Minnesota Statutes, chapter 176, parts 5220.0100 to 5220.1900, or orders issued under the statutes or rules, a rehabilitation provider having knowledge of the violation must so advise the commissioner.

Subp. 3. Review and investigation.

The commissioner shall investigate all complaints to determine whether there has been a violation of the standards of performance and professional conduct contained in parts 5220.1800 and 5220.1801 or any of the provisions of Minnesota Statutes, chapter 176, parts 5220.0100 to 5220.1900, or orders issued under the statutes or rules. If the matter is outside the jurisdiction of the commissioner, the commissioner may refer the matter to a forum or agency that has jurisdiction.

If an investigation indicates that discipline is warranted, the commissioner shall begin a contested case for disciplinary action under Minnesota Statutes, section 176.102, subdivision 3a, and the Minnesota Administrative Procedure Act. The report of the administrative law judge shall be made to the rehabilitation review panel which shall make the determination on disciplinary action.

If the commissioner determines that discipline is not warranted, but if the facts and issues involved warrant instruction of the provider, the commissioner shall issue the instruction in writing. The commissioner shall notify the complaining party of the disposition of the case.

Subp. 4. Cooperation with disciplinary proceedings.

A rehabilitation provider who is the subject of a complaint investigated by the commissioner under Minnesota Statutes, section 176.102, subdivisions 3 and 3a, shall cooperate fully with the investigation. Cooperation shall include responding fully and promptly to any questions raised by the commissioner relating to the subject of the investigation, and providing copies of records, reports, logs, data, and cost information as requested by the commissioner to assist in the investigation. Cooperation shall also include attending, in person, a meeting scheduled by the commissioner for the purposes in subpart 5.

Subp. 5. In-person meeting.

When conferring with the parties to a complaint is deemed appropriate for clarification or settlement of issues, the commissioner may schedule a meeting. The commissioner may conduct a meeting for the purpose of obtaining information, instructing parties to the complaint, or for the purpose of resolving issues.

Subp. 6. Resolution written agreement.

The commissioner may enter into stipulated consent agreements regarding discipline with complaint subjects in lieu of initiating contested case proceedings.

History

Statutory Authority: MS s 176.102; 176.83
History: 16 SR 2520; 17 SR 3361

Minn. R. 5220.1900 Rehabilitation Service Fees and Costs

Subpart 1. Monitoring.

The insurer has the primary responsibility for monitoring and paying the cost of necessary rehabilitation services provided.

The commissioner shall monitor rehabilitation services and costs and shall also conduct periodic audits of costs, services, case outcomes, and compliance with reporting and record keeping requirements. The insurer and the rehabilitation provider shall furnish the commissioner with itemized listings of case services and costs upon request.

Subp. 1a. Billing.

All rehabilitation provider billings shall be on the vocational rehabilitation invoice prescribed by the commissioner containing substantially the following:

A. identifying information on the insurer, rehabilitation providers, employee and employer, including the insurer file number;

B. information about the cost and duration of the rehabilitation plan, including the date the plan was filed and cost-to-date amounts billed by the qualified rehabilitation consultant firm, job placement vendor, and previous qualified rehabilitation consultant firms and job placement vendors;

C. a listing of the services billed, including date of service, service description, service category code, time units, mileage, and expenses. Service category codes are available from the department upon request; and

D. a summary of the charges billed, including a total of the professional services provided, the professional hourly rate, a total of the nonprofessional services provided, the nonprofessional hourly rate, the number of miles driven, the mileage rate, and the total expenses. Sample vocational rehabilitation invoice forms are available from the department upon request. Billing information on job placement costs shall be provided to the qualified rehabilitation consultant who shall report those costs on a monthly basis on the vocational rehabilitation invoice. The job placement vendor shall bill the insurer directly.

Subp. 1b. Fees.

Hourly fees for rehabilitation services shall not exceed the maximum rates in subparts 1c, 1d, and 1e, except that the maximum rates may be adjusted annually according to Minnesota Statutes, section 176.102, subdivision 2, paragraph (a), beginning October 1, 2018. Any annual increase is limited by the annual adjustment for injured employees under Minnesota Statutes, section 176.645.

Subp. 1c. Consultants.

When billing on an hourly basis for the services of qualified rehabilitation consultants, a qualified rehabilitation consultant or qualified rehabilitation consultant firm shall bill at an hourly rate not to exceed $103.10 per hour as adjusted under subpart 1b. A rehabilitation provider shall bill one-half of the hourly rate for wait time, and three-fourths of the hourly rate for travel time. Travel time shall be prorated as outlined in part 5220.1805, item E.

Subp. 1d. Interns.

When billing on an hourly basis, the upper billing limit for qualified rehabilitation consultant interns shall be $10 per hour less than the hourly rate charged for services provided by qualified rehabilitation consultants employed by that qualified rehabilitation consultant firm.

Subp. 1e. Job development and placement services.

Whether provided by rehabilitation vendors or qualified rehabilitation consultant firms, job development and job placement services, when billed on an hourly basis, shall be billed at an hourly rate not to exceed $82.58 per hour as adjusted under subpart 1b.

Subp. 1f.

[Repealed, 43 SR 361]

Subp. 1g. Payment.

As soon as reasonably possible, and no later than 30 calendar days after receiving the rehabilitation provider's bill for rehabilitation services, the employer or insurer shall pay the charge or any portion of the charge that is not denied, deny all or a part of the charge stating the specific service charge and the reason it is excessive or unreasonable, or specify the additional data needed, with written notification to the rehabilitation provider. An employer or insurer is subject to penalties pursuant to Minnesota Statutes, chapter 176, for failure to pay or deny the payment as required by this chapter and Minnesota Statutes, section 176.102.

Subp. 2. Reasonable and necessary services.

A rehabilitation provider shall bill for only those necessary and reasonable services that are rendered according to Minnesota Statutes, section 176.102, and the rules adopted to administer that section. A dispute about reasonable and necessary services and costs shall be determined by the commissioner or a compensation judge. The commissioner's or a compensation judge's review must include all the following factors:

A. the employee's unique disabilities and assets in relation to the goals, objectives, and timetable of the rehabilitation plan;

B. the type of rehabilitation services provided and the actual amount of time and expense incurred in providing the service;

C. an evaluation of whether services provided were unnecessary, duplicated other services, were available at no charge to public, or were excessive relative to the actual needs of the employee; and

D. an evaluation of whether services rendered were expressly called for by the employee's rehabilitation plan.

Subp. 3.

[Repealed, 16 SR 2520]

Subp. 4.

[Repealed, 16 SR 2520]

Subp. 5.

[Repealed, 16 SR 2520]

Subp. 6.

[Repealed, 16 SR 2520]

Subp. 6a. Payment limits on qualified rehabilitation consultant services.

When a rehabilitation provider other than a qualified rehabilitation consultant is providing and billing for job development or job placement services pursuant to an approved rehabilitation plan, payment for more than six hours of qualified rehabilitation consultant services per calendar month requires specific approval by the insurer or a determination by the commissioner or a compensation judge that the services were reasonable and necessary under subpart 2. Travel time and wait time are not included in the six-hour limit.

Subp. 6b. Plans; exceptions.

The qualified rehabilitation consultant shall bill no more than eight hours for a rehabilitation consultation as described in Minnesota Statutes, section 176.102, subdivision 4, and part 5220.0100, subpart 26, and the development, preparation, and filing of a rehabilitation plan as described in Minnesota Statutes, section 176.102, subdivision 4, and part 5220.0410. If conditions exist that necessitate traveling over 50 miles to visit the employee, employer, or health care provider, or an unusually difficult medical situation is documentable, payment beyond this limit is allowed upon specific approval by the insurer or a determination by the commissioner or a compensation judge that the services were reasonable and necessary under subpart 2.

Subp. 7. Case activities that require approval or are not billable.

The services and activities described in items A and B either require approval or are not billable by the rehabilitation provider.

A. The following services and activities are not compensable unless the rehabilitation plan specifies them, the insurer approves them, or the commissioner or a compensation judge determines that they were reasonable and necessary under subpart 2:

B. Rehabilitation providers shall not bill for the following services, activities, or charges:

Subp. 8. Disputes.

In the event of a dispute about the reasonableness and necessity or cost of a rehabilitation service, the insurer or a rehabilitation provider may make a request for a determination by the commissioner or a compensation judge of reasonable costs and necessity of services. Such a request may be made by filing a request for assistance according to Minnesota Statutes, chapter 176 or part 5220.0950.

Subp. 9. Collection prohibited.

No rehabilitation provider shall attempt to collect a fee or reimbursement for an unnecessary or unreasonable service from any party, including the employee, another insurer, the special compensation fund, or any government program. This prohibition shall apply to any fee determined excessive in amount by the commissioner or a compensation judge.

History

Statutory Authority: MS s 176.102; 176.83
History: 8 SR 1777; 9 SR 1478; 16 SR 2520; 17 SR 3361; 25 SR 81; 29 SR 1480; 43 SR 361; 49 SR 1383

Minn. R. 5220.1910 [Repealed, 17 SR 3361]

[Repealed, 17 SR 3361]

Minn. R. 5220.2500 [Repealed, 11 SR 1530]

[Repealed, 11 SR 1530]

Minn. R. 5220.2510 Scope and Purpose

This chapter governs all workers' compensation matters before the commissioner of the Department of Labor and Industry and the Office of Administrative Hearings. The Joint Rules of Practice of the Workers' Compensation Division and the Office of Administrative Hearings in chapter 1415 also govern workers' compensation matters.

History

Statutory Authority: MS s 175.17; 175.171; 176.102; 176.83
History: 11 SR 1530; 17 SR 3361; 18 SR 2546

Minn. R. 5220.2520 Definitions

Subpart 1. Scope.

Terms used in parts 5220.2510 to 5220.2960 have the meanings given them in part 1415.0300 and this part and Minnesota Statutes, section 176.011.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Department of Labor and Industry.

Subp. 3. Days.

"Days" refers to calendar days unless otherwise indicated.

Subp. 4. Department.

"Department" means the Department of Labor and Industry.

Subp. 5. Division.

"Division" means the Workers' Compensation Division of the Department of Labor and Industry.

Subp. 6. Health care provider.

"Health care provider" has the meaning given it in Minnesota Statutes, section 176.011, subdivision 24.

Subp. 7. Insurer.

"Insurer" includes self-insured employers.

Subp. 8. Office.

"Office" means the Office of Administrative Hearings.

Subp. 9.

[Repealed, 18 SR 2546]

Subp. 10.

[Repealed, 18 SR 2546]

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546

Minn. R. 5220.2525 Electronic Filing

Where parts 5220.2510 to 5220.2960 authorize or require a document to be filed with the commissioner, department, or division, the commissioner is authorized to allow or require the document to be filed electronically in the manner and format specified by the commissioner under Minnesota Statutes, section 176.285.

History

Statutory Authority: MS s 14.388
History: 35 SR 2015

Minn. R. 5220.2530 First Report of Injury

Subpart 1. Definitions.

For purposes of this part, the following terms have the meanings given:

A. "Electronic first report of injury" means an original, changed, or corrected first report of injury that is submitted to the division by electronic data interchange (EDI), or the Minnesota eFROI web portal, and that complies with:

B. "Minnesota implementation guide" means the Minnesota Department of Labor and Industry Electronic Filing of First Report of Injury Implementation Guide incorporated by reference in subpart 4.

C. "IAIABC Claims Release 3.0" means the IAIABC EDI Implementation Guide for Claims, First, Subsequent, Header, Trailer & Acknowledgment Detail Records Release 3.0, and the corresponding Supplement of Pending Changes, established by the International Association of Industrial Accident Boards and Commissions, which are incorporated by reference in subpart 4.

Subp. 2. Timely reporting.

The first report of injury must be fully completed and submitted to the division as provided in subparts 3 and 5 within the time limits established by Minnesota Statutes, section 176.231.

Subp. 3. Employer report.

This subpart applies only when Minnesota Statutes, section 176.231, subdivision 2, requires an employer to file a written first report of injury with the commissioner within seven days of death or serious injury. If an insurer, except for a self-insured employer, files the report on behalf of the employer, an electronic first report of injury must be filed according to subpart 5. Except where a self-insured employer elects to file an electronic first report of injury according to subpart 5, an employer must file a written first report of injury on a paper form prescribed by the commissioner containing substantially the information in items A to H:

A. information identifying the employee, employer, insurer, and any third-party administrator, including addresses and numbers identifying the employer, insurer, third-party administrator, and insurer class code;

B. the claim number, if one has been assigned;

C. information regarding all wages paid to the employee;

D. information regarding employment status, work schedule, and occupation, including date of hire;

E. information regarding the circumstances of the injury, including the date, place, time, persons or objects involved, and the date notice was received by the employer;

F. a description of the claimed injury and how and where it occurred;

G. information regarding lost time from work; and

H. the employee's date of birth, gender, and marital status.

Subp. 4. Implementation guides incorporated by reference.

For purposes of this part, the following documents are incorporated by reference:

A. The Minnesota implementation guide, dated July 1, 2013. It is subject to frequent change, and future changes are also incorporated by reference into this subpart. It can be found at the Minnesota Law Library, Judicial Center, 25 Constitution Avenue, St. Paul, Minnesota, 55155, and on the department website at http://www.dli.mn.gov/WC/Edi.asp, and is available through the Minitex interlibrary loan system.

B. The IAIABC Claims Release 3.0, dated January 1, 2013, and the corresponding Supplement of Pending Changes, 2013 Edition, both published by the International Association of Industrial Accident Boards and Commissions (IAIABC). They are subject to frequent change, but future changes are not incorporated by reference into this part unless the changes are included in a future publication of the Minnesota implementation guide referenced in item A. They are available for free download by IAIABC EDI members, or for purchase by nonmembers, at http://www.iaiabc.org. A paper copy can be viewed at the Minnesota Law Library, Judicial Center, 25 Constitution Avenue, St. Paul, Minnesota, 55155, and is available through the Minitex interlibrary loan system.

Subp. 5. Insurer report.

Except as provided in subpart 3, insurers and self-insured employers must file with the division an electronic first report of injury in all cases where a first report of injury is required to be filed under Minnesota Statutes, chapter 176. A first report of injury submitted by the insurer or self-insured employer in any other manner or format is not considered filed with the division. The division must "reject," "accept without errors," or "accept with errors" a first report of injury submitted electronically according to the requirements in sections 2 to 4 of the Minnesota implementation guide as follows:

A. A first report of injury submitted electronically that is "rejected" is not considered filed with the division.

B. An electronic first report of injury that is "accepted without errors" is considered filed with the division on the date as provided in item D.

C. An electronic first report of injury that is "accepted with errors" is considered filed with the division on the date as provided in item D. However, the insurer or self-insured employer must file a changed or corrected electronic first report of injury that corrects all identified errors within 60 days after the division sent the insurer or self-insured employer an electronic acknowledgment transmission describing the errors.

D. An accepted electronic first report of injury that is transmitted to the division at or before 4:30 p.m. central time on a state business day is considered filed on that day. An accepted electronic first report of injury that is transmitted after 4:30 p.m. central time or on a nonbusiness day is considered filed on the next day the state is open for business.

Subp. 6. Penalty for untimely report.

Failure to file a paper or electronic first report of injury within the time frames required by Minnesota Statutes, chapter 176, and this part may result in a penalty assessment against the employer or insurer of the penalty set out in part 5220.2820 and against the insurer of the penalty set out in part 5220.2770.

Subp. 7. Penalty for untimely corrected report.

Failure to file a changed or corrected electronic first report of injury that corrects all errors within 60 days after the division sends an electronic acknowledgment transmission describing the errors under subpart 5, item C, may result in a penalty assessment against the insurer or self-insured employer under part 5220.2830.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546; 38 SR 726

Minn. R. 5220.2540 Payment of Temporary Total, Temporary Partial, or Permanent Total Compensation

Subpart 1. Time of payment.

Payment of compensation must be commenced within 14 days of:

A. notice to or knowledge by the employer of an injury compensable under the act;

B. notice to or knowledge by the employer of a new period of lost time due to a previous work-related injury unless an extension is requested under Minnesota Statutes, section 176.221, subdivision 1; or

C. an order by the division, compensation judge, or Workers' Compensation Court of Appeals requiring payment of benefits which is not appealed. A party's consideration of an appeal does not excuse payment beyond the 14-day time limit. When an appeal is not filed, payments made after the 14th day are subject to penalties and interest under parts 5220.2760 and 5220.2780. Once temporary total or permanent total disability benefits have been commenced, they must continue to be paid on a regular basis at the intervals the employee would have received wages from the employer had the employee continued working. Less frequent payments may be arranged by written agreement of the parties. With the initial payment of temporary total or permanent total disability benefits, the insurer must notify the employee in writing of the day of the week that further payments will be made and the frequency with which payments will be made. If the initial payment is a first and final payment, then notification need not be sent. The same time limits apply to payments of temporary partial disability benefits. If the current wage varies so that wage documentation for calculation of temporary partial disability benefits is necessary, payment is due ten days following the date the employee or employer sends wage verification to the insurer.

Subp. 2. Place of payment.

With the exception of payments made subject to part 5220.2560 or other order of a compensation judge or the division, all payments of compensation must be made directly to the employee or dependent at the home address unless the employee or dependent, in writing, authorizes payment to be sent elsewhere. The employee or dependent may authorize payment to be sent to a bank, savings association, or other financial institution by providing the employer or insurer with a written request for redirection of payment, the name and address of the institution, and the account number to which the payments should be credited. The insurer must comply with the request without a specific order from the division. The insurer must file a copy of the request with the division.

Subp. 3. Notice to division.

The insurer must keep the division advised of all payments of compensation and amounts withheld and amounts paid for attorney fees by the filing of interim status reports each year and upon specific request by the division.

The insurer must also file with the division proof of payment which must indicate the amount of compensation paid and the date when the first payment was made, at each of the following times:

A. when the insurer makes the first payment to the employee following the injury;

B. when payments are reinstated after they have been previously discontinued by a notice of intention to discontinue benefits or an order of the division under part 5220.2640, subpart 7;

C. when monitoring period compensation is commenced under Minnesota Statutes, section 176.101, subdivision 3i; and

D. when payments are commenced by order of the division, a compensation judge, the Workers' Compensation Court of Appeals, or the Minnesota Supreme Court.

Subp. 4. Penalties.

If payment is not made within the time limits of subpart 1, and no denial of liability has been filed under part 5220.2570, subpart 1, or notice of appeal filed from an order of the division, compensation judge, Workers' Compensation Court of Appeals, or the Minnesota Supreme Court, the division may assess penalties under Minnesota Statutes, sections 176.221 and 176.225, and parts 5220.2770, 5220.2780, and 5220.2790. A penalty for failure to file a notice required under this part may be assessed under part 5220.2830.

Subp. 5. Removal from the labor market.

An employee who voluntarily removes himself or herself from the labor market is no longer entitled to temporary total, temporary partial, or permanent total disability benefits. A removal from the labor market has occurred when the employee is released to return to work by a health care provider and the employee retires or the employee's opportunities for gainful employment or suitable employment are significantly diminished due to the employee's move to another labor market.

Subp. 6. Apprentices, temporary partial disability benefits.

An apprentice, upon return to the same apprenticeship program in the same position or a similar position to that held on the date of injury, has not suffered a loss of earning capacity where the wage upon return to the apprenticeship program is the same or greater than the wage on the date of injury. Temporary partial disability benefits are not owing where there is no loss in earning capacity.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546; L 1995 c 202 art 1 s 25

Minn. R. 5220.2550 Payment of Permanent Partial Disability, Including Impairment Compensation and Economic Recovery Compensation

Subpart 1. Time of payment.

Permanent partial disability must be paid at the time specified in Minnesota Statutes, sections 176.021 and 176.101. When permanent partial disability compensation is being paid periodically following the payment of temporary total benefits or following or concurrent with the payment of temporary partial benefits, the payments must be continued without interruption at the same intervals that the temporary benefits were paid. When the employee reaches maximum medical improvement, the insurer must request an initial assessment of any permanent partial disability from the employee's physician.

A. When the extent of permanent partial disability is not disputed, upon receipt of a medical report containing a permanency rating or medical information from which the insurer may determine a rating, the employer or insurer must, within 30 days:

B. When the extent of permanent partial disability is disputed, upon receipt of a medical report containing a permanency rating or medical information from which the insurer may determine a rating, the employer or insurer must, within 30 days:

C. If permanent partial disability benefits are not currently payable under Minnesota Statutes, section 176.101, inform the employee in writing of the disability rating and the time when the permanent partial disability payment will be payable by statute.

Subp. 2. Notice of benefit payment.

A. For injuries before January 1, 1984, the employer or insurer must, when payment is made, file with the division and serve on the employee an itemized proof of payment indicating the amount of compensation paid and the date of payment together with a copy of the medical report upon which payment is based.

B. For injuries on or after January 1, 1984, when the insurer makes a lump sum payment of permanent partial disability benefits or begins periodic payment, the employer or insurer shall fully complete, serve on the employee, and file with the division a notice of permanent partial disability benefits which must be on a form prescribed by the commissioner, containing substantially the following information:

Subp. 3. Place of payment.

Payment under this part is to be made as provided in part 5220.2540, subpart 2.

Subp. 4. Penalties.

If benefits are not paid as required under subpart 1 or 2, the division may assess penalties under Minnesota Statutes, sections 176.221 and 176.225, and parts 5220.2750, 5220.2760, and 5220.2790. A penalty for failure to file a notice required by this subpart may be assessed under part 5220.2830.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546

Minn. R. 5220.2555 Retraining Compensation

An employee who has been approved for retraining under Minnesota Statutes, section 176.102, subdivision 11, may petition the commissioner or a compensation judge for additional compensation, not to exceed 25 percent of the compensation otherwise payable, if the employee will incur a special, unusual, or unique circumstance during the retraining period that would otherwise reduce the likelihood that the retraining plan will be successfully completed. Additional compensation is not warranted under this subpart if the circumstance on which the request is based is compensable as a cost of the rehabilitation plan under Minnesota Statutes, section 176.102, subdivision 9. The commissioner or a compensation judge may order an award of additional compensation and specify the amount to be awarded. When the employee is entitled to additional compensation for retraining, the compensation shall begin on the first day the special, unusual, or unique circumstance of the retraining is present but not before the start of the retraining program, and shall stop at any time the special, unusual, or unique circumstance is no longer present. The commissioner or compensation judge may determine the date of commencement and the date of discontinuance of the additional compensation.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 18 SR 2546

Minn. R. 5220.2560 Attachment and Garnishment of Benefits

Workers' compensation benefits are not subject to attachment or garnishment, although they may be withheld under Minnesota Statutes, section 518A.53, and paid for child support or spousal maintenance if the other requirements of that statute are met. Upon request, the insurer shall file with the division a statement of the amount being withheld from the employee's benefits and paid to the county or obligee, a copy of the order for withholding of income, and verification of payments made.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546; L 1997 c 203 art 6 s 92; L 2005 c 164 s 29; L 2005 1Sp7 s 28

Minn. R. 5220.2570 Denials of Liability

Subpart 1. Form.

When an employer or insurer denies liability for a work-related injury, it shall serve and file the documents prescribed by this part.

Subp. 2. Denial of liability form.

A denial of primary liability under Minnesota Statutes, section 176.221, subdivision 1, except a letter denial under subpart 4 or 5, must be fully completed and on a form prescribed by the commissioner, containing substantially the following:

A. information identifying the employee, employer, insurer, and any adjusting company;

B. the date of the claimed injury;

C. claim numbers or codes;

D. the name and telephone number of the person who made the determination;

E. a specific reason for the denial which must be in language easily readable and understandable to a person of average intelligence and education and a clear statement of the facts forming the basis for the denial. A denial which states only that the injury did not arise out of and in the course and scope of employment or that the injury was denied for lack of a medical report, for example, is not specific within the meaning of this item;

F. a copy of a medical report or summary of any health care provider contact which forms a basis for the denial; and

G. instructions to the employee if the employee disagrees, including the availability of rehabilitation benefits, the statute of limitations for filing a workers' compensation claim, and the address and telephone numbers of division offices the employee may contact for information.

Subp. 3. Notice of intention to discontinue benefits.

A denial of primary liability filed more than 60 days after notice to or knowledge by the employer of a work-related injury which is required to be reported to the commissioner under Minnesota Statutes, section 176.231, subdivision 1, and for which benefits are being paid must be made by a notice of intention to discontinue benefits under part 5220.2630 and must clearly indicate that its purpose is to deny liability for the entire claim.

Subp. 4. Letter denial for new period of temporary total.

A denial of liability for temporary total disability benefits for a new period of lost time due to a previous work-related injury must be in writing and include:

A. information identifying the employee, employer, insurer, and any adjusting company;

B. the date of the claimed injury;

C. claim numbers or codes;

D. the signature, name, and telephone number of the person who made the decision; and

E. a specific reason for the denial in language easily readable and understandable to a person of average intelligence and education and a clear statement of the facts forming the basis for the denial.

Subp. 5. Letter denial for other benefits.

A denial of liability for a portion of benefits or any other compensation where primary liability has been accepted must be in writing and include:

A. information identifying the employee, employer, insurer, and any adjusting company;

B. the date of the claimed injury;

C. claim numbers or codes;

D. the signature, name, and telephone number of the person who made the decision; and

Subp. 6. Service.

The employer or insurer shall serve on the employee the form or letter under subparts 1 to 5 with any relevant medical or other reports attached and file a copy with the division.

Subp. 7. Time for filing.

Denials of liability must be filed with the division within the following time limits:

A. Where appropriate, a denial under subpart 2 must be filed with the commissioner and served on the employee within 14 days of notice to or knowledge by the employer of an injury which is required to be reported to the commissioner under Minnesota Statutes, section 176.231, subdivision 1. Where appropriate, a denial under subpart 2 must be filed with the commissioner and served on the employee within 30 days after notice or knowledge where an extension has been requested in the event of a new period of temporary total or if payment has commenced. When payment of compensation has commenced, a denial more than 60 days after notice or knowledge must be filed under subpart 3.

B. A denial of liability under subpart 3 must be filed with the commissioner and served on the employee in accordance with part 5220.2630, subpart 4.

C. A denial of liability under subpart 4 must be filed with the commissioner and served on the employee within 14 days of notice or knowledge of a new period of lost time due to a previous work-related injury unless an extension is requested under Minnesota Statutes, section 176.221, subdivision 1.

D. A denial under subpart 5 must be filed with the commissioner and served on the employee within the time frame required by statute for the type of benefit being denied.

Subp. 8.

[Repealed, 18 SR 2546]

Subp. 9. Penalty; timeliness.

Failure to pay or deny in a timely manner may result in the assessment of the penalties in parts 5220.2770 and 5220.2790.

Subp. 10. Penalty; frivolous denial.

A. A frivolous denial under Minnesota Statutes, section 176.225, subdivision 1, clause (a) or (e), includes one which:

B. In addition to any workers' compensation benefits due and a penalty under subpart 9, a penalty may be assessed by the division or compensation judge under parts 5220.2760 and 5220.2770 and Minnesota Statutes, sections 176.221, subdivision 3a, and 176.225, subdivision 1, for a frivolous denial.

Subp. 11. Penalty; nonspecific denial.

A nonspecific denial as defined in subpart 2, item E; 4, item E; or 5, item E, may result in the assessment of a penalty in the amount of $500 under Minnesota Statutes, section 176.84, subdivision 2. A penalty for a nonspecific denial may be assessed without regard to the substantive validity of the denial of benefits. A penalty under this subpart may be assessed in addition to the penalties described in subparts 9 and 10 and is payable to the commissioner for deposit in the assigned risk safety account.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2580 Claim for Refund from Employee or Dependent; Overpayments

Subpart 1. Request for refund.

All requests for refunds or reimbursements by an insurer for payments made under a mistake of fact or law, which were allegedly not received by an employee or dependent in good faith, must be made in writing to the employee with a copy immediately mailed to the attorney representing the employee or dependent, if any, and upon request to the division.

Subp. 2. Contents of request.

All requests must contain the following information:

A. amount of alleged overpayment;

B. what the original payment was made for;

C. the date on which the payment was made;

D. the mistake of fact or law which forms the basis for the claimed overpayment;

E. the reason the insurer believes the payments were not received in good faith; and

F. a statement informing the employee that, if the employee has any questions regarding the legal obligations to repay any claims for overpayment alleged to have not been received in good faith, the employee should contact either a private attorney or the division.

Subp. 3. Overpayments.

The insurer that overpaid benefits that were received by the employee in good faith may take the credit allowed under Minnesota Statutes, section 176.179, after giving notice to the employee of the information in subpart 2, items A to F. Benefits paid pursuant to Minnesota Statutes, section 176.239, subdivision 3, are not overpaid benefits unless so ordered by a compensation judge under Minnesota Statutes, section 176.239, subdivision 9.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546

When an insurer proposes or intends to reduce, suspend, or discontinue an employee's benefits, it shall file one of the following documents described in this part. A form need not be filed when an insurer increases or decreases an employee's periodic temporary partial benefit due to changes in the employee's earnings while employed, provided that a payment continues to be made based on the employee's actual earnings.

Subp. 2. Petition.

The filing of a petition to discontinue compensation with the division under part 1415.1000 and Minnesota Statutes, section 176.238, subdivision 5, commences a formal action to reduce, suspend, or discontinue compensation. A petition is required to reduce, suspend, or discontinue permanent total benefits if a judicial or administrative order finding permanent total status was previously issued. The division shall refer the matter to the office under Minnesota Statutes, section 176.238.

Subp. 3. Notice of benefit payment.

A. The employer or insurer may make a lump sum or final payment of the benefit indicated by the filing of a notice of benefit payment with the division and service of the notice on the other parties at the time that the payment occurs when the payment represents:

B. A notice of benefit payment must be fully completed and on the form prescribed by the commissioner, containing substantially the relevant information described in part 5220.2550, subpart 2.

Subp. 4. Notice of intention to discontinue benefits.

A. To discontinue temporary total, temporary partial, or permanent total benefits in situations not specified in subpart 3, the employer or insurer must serve upon the employee and file with the division a notice of intention to discontinue benefits or a petition under subpart 2. The insurer may serve and file a notice of intention to discontinue permanent total benefits under this subpart only where no judicial or administrative decision finding permanent total status was previously issued. The notice of intention to discontinue benefits must be accompanied by a form prescribed by the commissioner with which to request an administrative conference on the proposed discontinuance. The form must contain the employer's name, the date of the injury or disease, and the name, Social Security number or workers' compensation identification number assigned by the department, and address of the employee and a space for the employee to indicate the reason the employee objects to the proposed discontinuance.

B. A notice of intention to discontinue benefits must be fully completed and on the form prescribed by the commissioner, containing substantially the following:

C. The liability of the insurer to make compensation payments continues at least until the notice of intention to discontinue benefits is received by the division and served on the employee and the employee's attorney, except that benefits may be discontinued on the date the employee returned to work and temporary partial benefits may be discontinued as of the date the employee ceased employment. Continuation of benefits following service and filing of a notice of intention to discontinue benefits where the employee has requested an administrative conference is set out in part 1415.3900, subpart 3.

Subp. 5.

[Repealed, 18 SR 2546]

Subp. 6. Penalties.

Where compensation is discontinued, reduced, or suspended in violation of this part, a penalty may be assessed under parts 5220.2720, 5220.2760, and 5220.2790.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2640 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 5220.2650 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2655 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 5220.2660 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2670 Mediation

Subpart 1. Evaluation for mediation.

The commissioner may refer, or any party to a workers' compensation matter or dispute may, at any stage of the proceedings, request evaluation of a disputed matter by the mediation unit to determine suitability of the matter for further action by the unit. If the matter is found to be suitable for resolution by the mediation process, the mediation unit will contact the parties or their attorneys, if they are represented, to attempt conciliation or schedule a mediation session.

Subp. 2. Conciliation.

Conciliation is the resolution of a matter through informal means without conducting a full conference. If the matter is appropriate for conciliation, the mediation unit may conciliate an agreement of the parties.

Subp. 3. Agreement to mediate.

If conciliation does not occur or is not successful and all parties consent to participate in the mediation process, the unit will schedule a mediation session. The mediation unit will notify the parties of the date, time, and place for the session. An agreement to mediate must be executed by the parties prior to the commencement of mediation.

Subp. 4. Mediation resolution.

If the mediation session results in a resolution of one or more of the disputed issues, the parties shall sign a written statement outlining the agreement. The mediation resolution need not contain all of the items listed in part 1415.2000, but must include a list of the issues under discussion and agreements reached by the parties. An intervenor is not required to sign the statement if it provides for reimbursement in full to the intervenor.

Subp. 5. Mediation award.

A designee of the commissioner shall review the mediation resolution as provided by Minnesota Statutes, section 176.521, and shall issue a mediation award if the terms conform with the workers' compensation act. The award and the resolution must be served on the parties by mail within ten days of the conclusion of mediation unless the parties agree to allow a party to draft the mediation resolution. Both documents will be attached to and become part of the judgment roll of the division's file.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546

Minn. R. 5220.2680 Second Injury Law

Subpart 1.

[Repealed, 18 SR 2546]

Subp. 2.

[Repealed, 18 SR 2546]

Subp. 3.

[Repealed, 18 SR 2546]

Subp. 4.

[Repealed, 18 SR 2546]

Subp. 5. Notice of intention to claim reimbursement.

Notice of intention to claim reimbursement under Minnesota Statutes, section 176.131, subdivision 6, must be on forms prescribed by the division. In a claim under Minnesota Statutes, section 176.131, subdivision 1, forms must be filed within one year after the payment of sufficient weekly benefits or medical expenses to make claim against the special compensation fund. In a claim under Minnesota Statutes, section 176.131, subdivision 2, forms must be filed within one year from the first payment of weekly benefits or medical expense. The insurer must file with the division one clean copy suitable for imaging and one copy of the notice of intention to claim reimbursement.

Subp. 6. Claim for reimbursement.

Reimbursement will be made by an order of the division or Workers' Compensation Court of Appeals from the special compensation fund on a yearly basis upon application for reimbursement on forms prescribed by the division. The insurer must file one clean copy suitable for imaging and one copy of the claim for reimbursement with the division. The application must be verified, set out in detail expenditures made and expenditures for which reimbursement is claimed, and must be supported by medical reports, showing the nature and extent of disability and relationship to the injury and physical impairment for which reimbursement is claimed.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546; L 1998 c 294 s 7

Minn. R. 5220.2690 [Repealed, 29 SR 1448]

[Repealed, 29 SR 1448]

Minn. R. 5220.2700 [Repealed, 11 SR 1530]

[Repealed, 11 SR 1530]

Minn. R. 5220.2710 Assessment of Penalties

All penalties assessed by the commissioner or an authorized designee under Minnesota Statutes, chapter 176, shall be assessed within two years of the violation by service of a notice of assessment upon the party against whom the penalty is assessed which shall contain substantially the following:

A. a statement of the legal basis for the penalty assessment including a citation to the applicable statutes;

B. a clear and concise statement of the factual basis for the penalty assessment;

C. a statement of the right to object to the penalty assessment and the right to a hearing;

D. the procedure and time limits for making an objection and obtaining a hearing;

E. the amount of the penalty; and

F. the date payment is due if a timely objection is not filed. The notice of assessment must be served upon the employee if it is payable to the employee, the employer, and the insurer.

History

Statutory Authority: MS s 175.17; 176.83
History: 11 SR 1530

Minn. R. 5220.2720 Improper Discontinuances; Penalty

Subpart 1. Basis.

A penalty assessment for improper discontinuance will be made by the division, if appropriate where:

A. benefits were discontinued without timely notice to the employee and the employee's attorney as required under part 5220.2630 and Minnesota Statutes, section 176.238;

B. the discontinuance occurred despite an administrative determination denying a request to discontinue under part 5220.2640 and Minnesota Statutes, section 176.239;

C. the discontinuance occurred without notice despite a final decision of a compensation judge, the Workers' Compensation Court of Appeals, or the supreme court requiring payment of ongoing benefits;

D. an administrative conference was requested and the request was not withdrawn, the discontinuance occurred before the date of the administrative conference, except where allowed by part 5220.2640, subpart 3; or

E. when a notice of intention to discontinue benefits is required to be filed but the discontinuance is retroactive, taking effect prior to the date that the notice of intention to discontinue benefits is served and filed with the division or served on the employee, except as allowed by part 5220.2630.

Subp. 2. Amount.

When the division makes a determination under subpart 1, notice will be given and fines assessed as follows:

A. (1) If an insurer has not had a penalty assessed in the one-year period before the assessment for violation of a particular item in subpart 1, the division will send a warning notice to the insurer that the division has determined the discontinuance is improper. The warning notice will direct the insurer to pay the improperly discontinued benefits and serve and file any required notice of discontinuance within ten days of service of notice or a penalty will be assessed.

B. If an insurer has had a penalty assessed in the one-year period before the assessment for violation of an item in subpart 1 and again violates the same item, the following penalties apply if the improperly discontinued benefit is not paid and a discontinuance notice is not filed when required:

C. Alternatively, a penalty may be assessed as provided in Minnesota Statutes, section 176.221, subdivision 3, payable to the commissioner for deposit in the assigned risk safety account.

D. In addition to a penalty payable to the commissioner for deposit in the assigned risk safety account under this part, a penalty may be assessed under part 5220.2760.

Subp. 3. Payable to.

Penalties under this part are payable to the commissioner for deposit in the assigned risk safety account.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2730 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2740 Failure to Pay or Deny Medical Charges; Penalty

Subpart 1. Basis.

Under Minnesota Statutes, section 176.221, subdivision 6a, a penalty may be assessed where payment or denial of medical charges is not made in a timely manner as provided in part 5221.0600 and Minnesota Statutes, section 176.135.

Subp. 2. Amount.

Under Minnesota Statutes, section 176.221, subdivision 3a, a penalty of up to $2,000 shall be assessed as follows:

A. one to 15 days late, $500;

B. 16 to 30 days late, $1,000;

C. 31 to 60 days late, $1,500; and

D. over 60 days late, $2,000.

Subp. 3.

[Repealed, 18 SR 2546]

Subp. 4. Payable to.

Penalties assessed under this part are payable to the commissioner for deposit in the assigned risk safety account.

Subp. 5. Interest.

Interest on the sums owed under Minnesota Statutes, section 176.221, subdivision 8, is payable to the health care provider.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2750 Failure to Make Timely Payment of Permanent Partial Disability, Economic Recovery Compensation, or Impairment Compensation; Penalty

Subpart 1. Basis.

A penalty may be assessed where payment of permanent partial disability compensation, economic recovery compensation, or impairment compensation is not made in a timely manner as provided in Minnesota Statutes, section 176.101, and part 5220.2550.

Subp. 2. Amount.

A penalty may be assessed under Minnesota Statutes, section 176.221, subdivisions 3 and 6a, in the amounts provided by Minnesota Statutes, section 176.221, subdivision 3.

Subp. 3. Payable to.

The penalty is payable to the commissioner for deposit in the assigned risk safety account.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2760 Additional Award as Penalty

Subpart 1. Basis.

Penalties under Minnesota Statutes, section 176.225, subdivision 1, in an amount up to 30 percent of the total amount of the compensation award shall be assessed by the division on the grounds listed in that section, including:

A. underpaying, delaying payment of, or refusing to pay within 14 days of the filing of an order by the division or a compensation judge, the Workers' Compensation Court of Appeals or the Minnesota Supreme Court unless the order is appealed within the time limits for an appeal. If the payor does not appeal the order, payments made more than 14 days after the order is served and filed are late, however, the division shall not issue a penalty under this part unless payment is made after the 30th day following a final order. A penalty may be issued, however, for a payment after the 14th day and through the 30th day following a settlement award under Minnesota Statutes, section 176.521. Payments made after the 14th day must include interest pursuant to Minnesota Statutes, section 176.221, subdivision 7, or 176.225, subdivision 5, to the payee;

B. delay of payment, underpayment, or refusal to pay permanent partial disability benefits as provided in part 5220.2550; and

C. other violations under Minnesota Statutes, section 176.225, subdivision 1, clause (1), (2), (3), (4), (5), or (6). This part does not affect the employee's independent right to seek penalties by filing a claim petition under Minnesota Statutes, section 176.271.

Subp. 2. Amount.

A penalty assessed under this part will be for at least six percent of the compensation owing and shall be assessed as follows:

A. one to five days late, six percent;

B. six to 15 days late, 12 percent;

C. 16 to 30 days late, 18 percent;

D. 31 to 60 days late, 24 percent; and

E. over 60 days late, 30 percent.

Subp. 3. Payable to.

Penalties assessed under this part are payable to the employee.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2770 Failure to Pay or Deny; Penalty

Subpart 1. Basis.

Where payment is not made in a timely manner and no denial of primary liability is filed with the commissioner and served on the employee as provided by Minnesota Statutes, section 176.221, subdivision 1, the division may assess the penalties provided in Minnesota Statutes, section 176.221, subdivisions 3 and 3a.

Subp. 2. Amount.

The commissioner's designee must use the following procedure to determine the amount of the penalty.

A. The commissioner's designee must complete a delayed payment worksheet containing information identifying the claim and setting forth the time period of late payment.

B. Calculation of the amount of the penalty will be in the following manner:

C. Where an old injury recurs causing disability, an extension under Minnesota Statutes, section 176.221, subdivision 1, is filed, and payment is not made within 30 days, calculation of the amount owing under item B shall be made using a period of 30 days rather than 14 days.

D. Where no compensation has been paid but the insurer has failed to file and serve on the employee a denial of liability within the statutory 14- or 30-day limit on a claim required to be reported to the division, a penalty of up to $2,000 may be assessed under Minnesota Statutes, section 176.221, subdivision 3a, as follows:

E. Where the insurer has filed a frivolous denial under part 5220.2570, subpart 10, a penalty may be assessed under Minnesota Statutes, section 176.221, subdivision 3a, as follows:

Subp. 3. Payable to.

This penalty is payable to the commissioner for deposit in the assigned risk safety account.

Subp. 4. Repeated failure.

An insurer that has been penalized for failure to pay benefits or deny under Minnesota Statutes, section 176.221, on five or more percent of their claims required by statute to be filed within a given calendar year will be subject to the action set out in Minnesota Statutes, section 176.231, subdivision 2.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2780 Failure to Pay Under Order; Penalty

Subpart 1. Basis.

Where payment of compensation or expenses is not made within 14 days following an order as required by Minnesota Statutes, section 176.221, subdivisions 6a and 8, the division may assess the penalties provided in Minnesota Statutes, section 176.221, subdivision 3 or 3a, however, the division shall not issue a penalty under this part unless payment is made after the 30th day following a final order. A penalty may be issued, however, for a payment after the 14th day and through the 30th day following a settlement award under Minnesota Statutes, section 176.521. Payments made after the 14th day must include interest to the payee.

Subp. 2. Amount.

The penalty available under Minnesota Statutes, section 176.221, subdivision 3 or 3a, shall be assessed where there has been a failure to pay under an order which has not been appealed. If the payor chooses not to appeal the order, payments made more than 14 days after the order is served and filed are late. Each day after the 14th day is considered a day late. Penalties under Minnesota Statutes, section 176.221, subdivision 3a, shall be assessed as follows:

A. one to 15 days late, $500;

B. 16 to 30 days late, $1,000;

C. 31 to 60 days late, $1,500; and

D. over 60 days late, $2,000.

Subp. 3. Payable to.

The penalty is payable to the commissioner for deposit in the assigned risk safety account.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 16 SR 2520; 17 SR 3361; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2790 Inexcusable Delay in Making Payment, Increase in Payment

Subpart 1. Basis.

A. When a claim has not been denied but payment is not made as provided by Minnesota Statutes, section 176.221, the failure is deemed inexcusable delay under Minnesota Statutes, section 176.225, subdivision 5.

B. Where other payment of temporary total, temporary partial, permanent total, or permanent partial disability benefits is not made within three business days of the date provided by statute or rule on more than three occasions in any 12-month period, the failure is deemed inexcusable.

Subp. 2. Amount.

The amount of the increase in payment under Minnesota Statutes, section 176.225, subdivision 5, for a delay under subpart 1, item A, is calculated as 25 percent of the payment found to be delayed.

The amount of the increase in payment assessed under subpart 1, item B, will be calculated at 25 percent of the payment found to be delayed.

Subp. 3. Payable to.

The amount of any penalty assessed under this part is payable to the employee.

Subp. 4. Assessment.

A. The commissioner's designee must complete a delayed payment worksheet containing information identifying the claim and setting forth the time period of late payment.

B. The calculation of a penalty under this part for late payment of temporary total, temporary partial, or permanent total disability benefits must be as follows:

C. The calculation of a penalty for late payment of permanent partial disability benefits, including economic recovery compensation and impairment compensation under subpart 1, item B, must be as follows:

History

Statutory Authority: MS s 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484

Minn. R. 5220.2800 [Repealed, 11 SR 1530]

[Repealed, 11 SR 1530]

Minn. R. 5220.2810 Failure to Release Medical Data; Penalty

Subpart 1. Application for penalty.

Any party or the division may request a penalty assessment against a collector or possessor for failure to release medical data in accordance with Minnesota Statutes, section 176.138. The application must be in writing, clearly state the factual basis upon which the penalty is requested, and be accompanied by copies of the written requests for medical data made by the applicant and any response received. The application also must be accompanied by a copy of the written notification to the employee of the request for medical data, unless the employee requested the medical data.

Subp. 2. Assessment of penalty.

Upon receipt of an application for a penalty assessment, the division shall assess a penalty if it determines that the request meets the following requirements:

A. the medical data requested is related to a current claim for compensation, which means any claim for compensation under Minnesota Statutes, chapter 176, for which benefits are currently being paid or are being claimed by an employee, whether or not a claim petition has been filed;

B. the requested medical data is specifically identified and in existence at the time of the request;

C. the requested medical data is directly related to a current injury or disability for which compensation is claimed or being paid;

D. the applicant sent written notification of the request for medical data to the employee at the time the request was made;

E. if required by federal law, appropriate authorizations for release of information were furnished; and

F. the requested medical data was not provided within seven working days after receipt of the request by a party and receipt of appropriate authorizations, if required by federal law.

Subp. 3. Amount.

A. The division must send a warning letter before a monetary penalty is assessed unless the initial request for records is from the division. The warning letter must advise the collector or possessor against whom the penalty is sought of the obligation to provide medical data under Minnesota Statutes, section 176.138, and that a penalty will be assessed if it fails to provide the requested data within seven working days after the warning letter and to file written verification of the release of the data or a copy of the data with the division within that time.

B. If the requested data is not provided and written verification filed with the division within seven working days after receipt of a required warning letter or the division's request where no warning letter is required, a penalty of $300 shall be imposed.

C. If the requested data is not provided and written verification filed with the division within 30 days after the date of a required warning letter or the division's request where no warning letter is required, a penalty of $450 will be imposed.

D. If the requested data is not provided and written verification filed with the division within 60 days after the date of a required warning letter or the division's request where no warning letter is required, a penalty of $600 will be imposed.

Subp. 4. Payable to.

The amount of any penalty assessed under this part is payable to the commissioner for deposit in the assigned risk safety account.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015

Minn. R. 5220.2820 Failure to Make Timely Report of Injury; Penalty

Subpart 1. Basis.

A penalty may be assessed under Minnesota Statutes, section 176.231, subdivision 10:

A. against the employer, if a work-related death or serious injury occurs to an employee and:

B. against the employer, if any other injury which must be reported to the division occurs and:

C. against the insurer, if:

Subp. 2. Amount.

If the employer or insurer has violated subpart 1 and has had no similar violations in the 12-month period prior to the assessment, an advisory letter informing the employer or insurer of the violation and the statutory requirement must be sent. If the employer or insurer has had one violation of subpart 1 in the past 12 months, a penalty of $125 must be assessed. If the employer or insurer has had two violations in the past 12 months, a penalty of $250 must be assessed. If the employer or insurer has had three violations in the past 12 months, a penalty of $375 must be assessed. If the employer or insurer has had four or more violations in the past 12 months, a penalty of $500 must be assessed.

Subp. 3. Assessment.

The penalty must be assessed by written notice of penalty assessment informing the employer or insurer of the number of violations in the past 12 months on record and the amount of the penalty. The notice must contain instructions for payment.

Subp. 4. Payable to.

The penalty is payable to the commissioner for deposit in the assigned risk safety account.

Subp. 5.

[Repealed, 18 SR 2546]

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015; 38 SR 726

Minn. R. 5220.2830 Other Failure to File Report in Manner or Within Time Limits Provided; Penalty

Subpart 1. Basis.

The division may assess a penalty for failure to file a required report if:

A. a report other than the first report of injury required to be filed by Minnesota Statutes, section 176.231, is not filed in the manner or within the time limitations prescribed;

B. a report on a form prescribed by the commissioner is requested by the commissioner but is not provided within 21 days of the commissioner's request; or

C. a changed or corrected electronic first report of injury that corrects all identified errors, as provided in part 5220.2530, subpart 5, item C, is not filed within 60 days after the division sent the insurer or self-insured employer an electronic acknowledgment transmission describing the errors.

Subp. 2. Amount.

A. If a report under subpart 1, item A, is not filed in the manner or within the time limitations prescribed, a penalty may be assessed under Minnesota Statutes, section 176.231, subdivision 10, as follows:

B. If, after a letter request from the commissioner or authorized designee, a report under subpart 1, item B, is not received by the division within 21 days, a penalty of $125 must be assessed. A failure to file a report after a second request will result in an additional penalty assessment of $375. A subsequent failure will result in penalty assessments of $500.

C. If the changed or corrected report under subpart 1, item C, is not electronically filed in the manner or within the time limitations prescribed, a penalty may be assessed under Minnesota Statutes, section 176.231, subdivision 10, as follows:

Subp. 3. Payable to.

The penalty is payable to the commissioner for deposit in the assigned risk safety account.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484; 35 SR 2015; 38 SR 726

Minn. R. 5220.2840 [Repealed, L 2025 c 27 art 1 s 9]

[Repealed, L 2025 c 27 art 1 s 9]

Minn. R. 5220.2850 Failure of Uninsured or Self-Insured to Pay; Penalty

The commissioner, through an authorized designee or representative, will seek reimbursement of benefits paid from the special fund and the penalties provided under Minnesota Statutes, sections 176.181, subdivision 3, and 176.183, subdivision 2, by filing petitions for contribution and reimbursement or recovery, and through other collection mechanisms or remedies available in the civil courts.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546; 35 SR 2015

Minn. R. 5220.2860 [Repealed, 23 SR 1484]

[Repealed, 23 SR 1484]

Minn. R. 5220.2865 Failure to Insure; Penalty

Subpart 1. Definitions.

For purposes of this part, the following terms have the meanings given them.

A. "Avoided premium" means the workers' compensation insurance premium computed pursuant to Minnesota Statutes, chapter 79, by multiplying the employer's payroll for the uninsured period by the applicable assigned risk plan workers' compensation insurance rate and adjusted for any applicable experience modification.

B. "Objection" means the written objection filed by an employer with the commissioner pursuant to Minnesota Statutes, section 176.181, subdivision 3.

C. "Order to comply and notice of penalty assessment" means the order to comply and notice of penalty assessment issued by the commissioner and issued to the employer under Minnesota Statutes, section 176.181, subdivision 3.

Subp. 2. Determination of penalty.

In determining the amount of the administrative penalty for the failure to insure, the commissioner must take into consideration the factors listed in Minnesota Statutes, section 14.045. The basis for determining the penalty shall be the employer's avoided premium which shall be adjusted by the factors listed in Minnesota Statutes, section 14.045.

A. No uninsured employer shall be assessed an administrative penalty of less than $200, nor more than $1,000 per employee per week uninsured.

B. For purposes of this subpart, the ability to pay shall not be considered a factor for adjusting the penalty amount.

Subp. 3. Business license or permit penalty.

In addition to the assessed administrative penalty, the commissioner shall assess the penalty amount specified in Minnesota Statutes, section 176.182, against the uninsured employer who did not report, or falsely reported, the required information about their workers' compensation insurance coverage to any state or local governmental agency when obtaining or renewing a license or permit to operate a business in Minnesota.

Subp. 4. Order to comply and penalty assessment.

The commissioner shall, by certified mail, issue to the employer an order to comply and penalty assessment after conducting the investigation authorized by Minnesota Statutes, section 176.181, subdivision 8, paragraph (b).

Subp. 5. Contents of order.

An order to comply and penalty assessment must describe the alleged violations and reference the statute or rule which the employer has violated. The order to comply and penalty assessment must state that the employer has ten working days to object to the order by filing a written objection with the commissioner and stating in detail its reasons for objecting.

Subp. 6. Objections.

The objection must contain:

A. the employer's name and address;

B. the investigation number; and

C. a detailed statement of the reasons for objecting.

Subp. 7. Filing.

The written objection must be filed with the commissioner within ten working days of the date the employer receives the order to comply and penalty assessment. Upon receipt of a timely objection, the commissioner shall attempt to settle informally an agreed upon penalty. If the parties fail to agree, the commissioner shall refer the matter to the Office of Administrative Hearings for an expedited hearing before a compensation judge. An objection may be filed with the commissioner by postage-paid first class mail, personal delivery, or facsimile transmission.

Subp. 8. Hearing.

The compensation judge shall use the contested case procedures contained in Minnesota Statutes, sections 14.57 to 14.62, in conducting the expedited hearing under Minnesota Statutes, section 176.181, subdivision 3.

History

Statutory Authority: MS s 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 23 SR 1484

Minn. R. 5220.2870 Penalty Objection and Hearing

A party to whom notice of assessment has been issued may object to the penalty assessment by filing a written objection with the division on the form prescribed by the commissioner. The objection must also be served on the employee if the penalty is payable to the employee. The objection must be filed and served within 30 days after the date the notice of assessment was served on that party by the division. The written objection must contain a detailed statement explaining the legal or factual basis for the objection and including any documentation supporting the objection. Upon receipt of a timely objection, unresolved issues shall be referred for a hearing to determine the amount and conditions of any penalty. Objections which are not served and filed within the 30-day objection period must be dismissed by a compensation judge.

History

Statutory Authority: MS s 175.17; 175.171; 176.129; 176.138; 176.221; 176.225; 176.231; 176.238; 176.83; 176.84
History: 11 SR 1530; 18 SR 2546; 23 SR 1484

Minn. R. 5220.2880 Examination of Workers' Compensation Files

Subpart 1. Division case.

Persons desiring to examine a file maintained by the division, shall present a written document authorizing their inspection of the file to designated personnel of the division. The authorization must be signed and dated within the preceding six months by a party to the claim who is either the employee, the employer, the insurer, the special compensation fund, a dependent in death cases, or a legal guardian in cases of mental or physical incapacity. The authorization must specify the person or party authorized to review the file. The authorization is placed in and becomes part of the file. Information from division files may not be released over the telephone without the written authorization required by this subpart.

Subp. 2. Limitation on access.

This part shall not be construed to grant greater access to the files than that given by the Minnesota Government Data Practices Act or the Workers' Compensation Act.

History

Statutory Authority: MS s 175.17; 176.83
History: 11 SR 1530

Minn. R. 5220.2890 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2900 [Repealed, 11 SR 1530]

[Repealed, 11 SR 1530]

Minn. R. 5220.2910 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2920 Repealed by subpart

Subpart 1.

[Repealed, 29 SR 1448]

Subp. 2.

[Repealed, 29 SR 1448]

Subp. 3.

[Repealed, 29 SR 1448]

Subp. 4.

[Repealed, 29 SR 1448]

Subp. 5.

[Repealed, 29 SR 1448]

Subp. 6.

[Repealed, 35 SR 2015]

Subp. 7.

[Repealed, 29 SR 1448]

Subp. 8.

[Repealed, 29 SR 1448]

Minn. R. 5220.2930 Dependent's Benefits

Subpart 1. Allocation of compensation by judge.

A. A party may petition for an allocation of benefits under Minnesota Statutes, section 176.111, subdivision 10. The petition may contain a proposed allocation. The petition must be served on all parties and filed with the division within one year after the date of death. If a petition for allocation is not filed in a timely manner and the death occurred after June 30, 1981, the allocation will be as provided in subpart 2.

B. A party may object to a proposed allocation by serving on all parties and filing an objection with the division within 20 days after service of the petition. The objection must contain a clear and concise statement of the specific grounds for the objection and must be accompanied by any documentary evidence supporting the objection.

C. A settlement judge shall rule on the petition without a hearing. If a party objects to the judge's decision, the party may request a hearing by filing with the division a written request for hearing within 30 days after the decision was filed. Upon receipt of a timely request for hearing, the matter will be referred to the office for hearing.

Subp. 2. Allocation of compensation in other cases.

In all cases where there has been no allocation of benefits by a judge under subpart 1, and the death occurs after June 30, 1981, compensation to which dependents are entitled under Minnesota Statutes, section 176.111, shall be allocated as follows:

A. If the deceased employee leaves a surviving spouse and one dependent child, 84 percent of the compensation due under Minnesota Statutes, section 176.111, shall be paid to the surviving spouse and the remaining 16 percent of the compensation shall be paid for the benefit of the dependent child.

B. If the deceased employee leaves a surviving spouse and two or more dependent children, 75 percent of the compensation due under Minnesota Statutes, section 176.111, shall be paid to the surviving spouse and the remaining 25 percent shall be paid for the benefit of the dependent children. This allocation shall apply from the date of death until a court-determined allocation is made, if any.

Subp. 3.

[Repealed, 18 SR 2546]

Subp. 4. Factors in allocating.

Factors which may justify a different allocation from that provided in subpart 2 include special circumstances which necessitate greater income to one or more of the dependents and the existence of other adequate means of support, other than workers' compensation benefits, for certain dependents but not for others.

Subp. 5. Offset for government survivor benefits.

An offset for government survivor benefits is allowed under Minnesota Statutes, section 176.111, subdivision 21, only to the extent that the government survivor benefits, when combined with the weekly workers' compensation benefits, exceed the weekly wage of the deceased employee at the time of death or exceeds the dependents allocated portion of the weekly wage for deaths occurring prior to July 1, 1981. For purposes of this offset, the weekly wage must be increased by the adjustments provided by Minnesota Statutes, section 176.645.

A. Deaths prior to July 1, 1981. If there is a surviving spouse and one or more dependent children in a single household, the offset must be computed twice, once separately for the spouse and once separately for the children, the children being taken as a group. For purposes of this computation, the weekly wage, as adjusted pursuant to Minnesota Statutes, section 176.645, is allocated between the spouse and children in the same proportion as benefits are allocated pursuant to this rule. Mother's and father's insurance benefits under United States Code, title 42, section 402(g), must be allocated to the children.

B. Deaths after June 30, 1981.

History

Statutory Authority: MS s 14.388; 175.17; 175.171; 176.83
History: 11 SR 1530; 18 SR 2546; 35 SR 2015

Minn. R. 5220.2940 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2950 [Repealed, 18 SR 2546]

[Repealed, 18 SR 2546]

Minn. R. 5220.2960 Commissioner Interim Notices and Orders

The commissioner may develop and publish commissioner interim notices and orders concerning matters within the authority of the department. Interim notices and orders do not have the force and effect of law, except where specifically authorized by statute, but may be relied upon by the public until revoked or modified to bind the department. The purpose of an interim notice or order is to provide uniform information and guidance to the public concerning department action. An interim notice or order may be relied upon to bind the department until a statute, Appellate Court decision, rule, or subsequent commissioner's notice or order conflicts with the notice or order, until the date stated in the notice or order, or until one year after publication, whichever occurs first. An interim notice or order under this part binds the department only if the published notice or order is clearly identified as an interim notice or order and is given an indexing number.

History

Statutory Authority: MS s 175.17; 175.171; 176.83
History: 18 SR 2546

Minn. R. 5220.7100 [Repealed, 9 SR 333]

[Repealed, 9 SR 333]

Minn. R. 5220.7200 [Repealed, 9 SR 333]

[Repealed, 9 SR 333]

Chapter 5221 FEES FOR MEDICAL SERVICES

Minn. R. 5221.0100 Definitions

Subpart 1. Scope.

The following terms have the meanings given in this chapter unless the context clearly indicates a different meaning.

Subp. 1a. Ambulatory surgical center.

"Ambulatory surgical center" means a distinct entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization and is accredited by Medicare or is an outpatient surgical center as defined in part 4675.0100, subpart 8, and licensed by the Minnesota Department of Health.

Subp. 1b. Appropriate record.

"Appropriate record" is a legible medical record or report that substantiates the nature and necessity of a service being billed and its relationship to the work injury.

Subp. 2. Bill or billing.

"Bill" or "billing" means a provider's statement of charges and services rendered for treatment of a work related injury.

Subp. 3. Charge.

"Charge" means the payment requested by a provider on a bill for a particular service. This chapter does not prohibit a provider from billing usual and customary charges that are in excess of the amount listed in the fee schedule.

Subp. 4. Code.

"Code" means the alphabetic, numeric, or alphanumeric symbol used to identify a specific health care service, place of service, or diagnosis as described in items A to G.

A. "Billing code" means a procedure code as defined in item F plus any applicable modifiers as defined in subpart 10a. A billing code is used to identify a specific health care service, article, or supply for billing purposes.

B. "CPT code" means a numeric code included in the Current Procedural Terminology Coding System manual, incorporated by reference in part 5221.0405, item B. A CPT code is used to identify a specific medical service, article, or supply.

C. "HCPCS code" means a numeric or alphanumeric code included in the Centers for Medicare and Medicaid Services' Common Procedure Coding System. An HCPCS code is used to identify a specific medical service, article, or supply. HCPCS level I codes are the numeric CPT codes listed in the CPT manual, incorporated by reference in part 5221.0405, item B. HCPCS level II codes are alphanumeric codes created for national use. HCPCS level II codes are listed in the HCPCS manual, incorporated by reference in part 5221.0405, item C.

D. "ICD-9-CM code" or an "ICD-10-CM code" means an alphanumeric code included in the International Classification of Diseases, Clinical Modification manual, incorporated by reference in part 5221.0405, item A. An ICD-9-CM code or ICD-10-CM code is used to identify a particular medical or chiropractic diagnosis.

E. "Place of service code" means the code used to identify the type of facility and classification of service as inpatient or outpatient service on the uniform billing claim formats required by Minnesota Statutes, sections 62J.50 to 62J.61, and the corresponding uniform companion guides adopted by the Minnesota Department of Health under Minnesota Statutes, section 62J.61.

F. "Procedure code" means a numeric or alphanumeric code used to identify a particular health care service. Procedure codes used in this chapter include CPT codes, HCPCS codes, revenue codes, Codes on Dental Procedures and Nomenclature (CDT codes), and codes in the National Drug Code Directory (NDC).

G. "Revenue code" means a numeric or alphanumeric code included in the UB-04 Data Specifications manual, incorporated by reference in part 5221.0405, item E. Revenue codes are used in institutional settings such as hospitals to identify an individual or group of medical services, articles, or supplies.

Subp. 5. Commissioner.

"Commissioner" means the commissioner of the Department of Labor and Industry.

Subp. 6. Compensable injury.

"Compensable injury" means an injury or condition for which a payer is liable under Minnesota Statutes, chapter 176.

Subp. 6a. Conversion factor.

"Conversion factor" means the dollar value of the maximum fee payable for one relative value unit of a compensable health care service delivered under Minnesota Statutes, chapter 176, as specified in part 5221.4020, subpart 1b.

Subp. 6b. Division.

"Division" means the Workers' Compensation Division of the Department of Labor and Industry.

Subp. 6c. Emergency care.

Subp. 7.

[Repealed, 18 SR 1472]

Subp. 8.

[Repealed, 18 SR 1472]

Subp. 9. Injury.

"Injury" is as defined in Minnesota Statutes, section 176.011, subdivision 16 as a "personal injury."

Subp. 10. Medical fee schedule.

"Medical fee schedule" means the list of codes, service descriptions, and corresponding dollar amounts allowed under parts 5221.4005 to 5221.4070 and Minnesota Statutes, section 176.136.

Subp. 10a. Modifier.

"Modifier" means a two-digit number or two-letter symbol that is added to a procedure code to indicate that the service rendered differs in some material respect from the service as described in this chapter or in the CPT or HCPCS manual in effect on the date the service was rendered. Only those modifiers listed and described in the CPT or HCPCS manual in effect on the date the service was rendered may be used. Applicable modifiers must be used with a procedure code, even if the modifier has no effect on the payment level.

Subp. 11. Payer.

"Payer" refers to any entity responsible for payment and administration of workers' compensation claims under Minnesota Statutes, chapter 176.

Subp. 11a. Physician.

"Physician" means a person who is authorized by law to practice the medical profession within the United States, is in good standing in the profession, and includes only those persons holding the degree D.O. (Doctor of Osteopathic Medicine) or M.D. (Doctor of Medicine), as defined in Minnesota Statutes, sections 176.011, subdivision 17, and 176.135, subdivision 2a.

Subp. 12. Provider.

"Provider" means a health care provider as defined in Minnesota Statutes, section 176.011, subdivision 12a.

Subp. 13.

[Repealed, 18 SR 1472]

Subp. 14.

[Repealed, 18 SR 1472]

Subp. 14a. Relative value unit or RVU.

"Relative value unit" or "RVU" means the numeric value assigned to a health care service or procedure to represent or quantify its worth, as compared to a standard service. Relative value units are in the tables described in part 5221.4005.

Subp. 15. Service or treatment.

"Service" or "treatment" means any procedure, operation, consultation, supply, product, or other thing performed or provided for the purpose of curing or relieving an injured worker from the effects of a compensable injury under Minnesota Statutes, section 176.135, subdivision 1.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 15 SR 124; 18 SR 1472; 25 SR 1142; L 2002 c 277 s 32; 30 SR 1053; 38 SR 306; 40 SR 328; L 2016 c 119 s 7; 41 SR 1127

Minn. R. 5221.0200 Authority

This chapter is adopted under the authority of Minnesota Statutes, sections 175.171; 176.135, subdivisions 2 and 7; 176.136; 176.231; and 176.83.

History

Statutory Authority: MS s 14.388; 175.171; 176.101; 176.135; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 18 SR 1472; 41 SR 1127

Minn. R. 5221.0300 Purpose

This chapter is intended to prohibit health care providers treating employees with compensable injuries from receiving excessive reimbursement for their services. This chapter defines the payer's maximum liability for medical services, articles, and supplies. This chapter also governs health care provider communication with parties; required reporting of medical, disability, and billing information under Minnesota Statutes, chapter 176; change of health care provider; and criteria for determining, serving, and filing maximum medical improvement.

History

Statutory Authority: MS s 175.171; 176.101; 176.135; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 18 SR 1472

Minn. R. 5221.0400 Scope

The following are subject to this chapter: all entities responsible for payment and administration of medical claims compensable under Minnesota Statutes, chapter 176; providers of medical services or supplies for compensable injuries under Minnesota Statutes, section 176.135, subdivision 1; and employees as defined in Minnesota Statutes, section 176.011, subdivision 9. This chapter shall be applied in all relevant determinations made by compensation judges at the department and the Office of Administrative Hearings, and by the commissioner.

History

Statutory Authority: MS s 175.171; 176.101; 176.135; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 18 SR 2545

Minn. R. 5221.0405 Incorporations by Reference

The following documents are incorporated by reference to the extent cited in this chapter. Many of these documents may be accessed through the Internet by contacting the organization listed.

A. The following documents are related to the International Classification of Diseases diagnostic codes.

B. The Physician's Current Procedural Terminology (CPT manual), 2016 Professional Edition, and any subsequent revisions. CPT codes are subject to frequent change. The manual is published by and may be purchased from the American Medical Association, Order Department: P.O. Box 930876, Atlanta, GA, 31193-0876, or from the American Medical Association website at https://commerce.ama-assn.org/store/. It is available through the Minitex interlibrary loan system.

C. The alphanumeric Healthcare Common Procedure Coding System (HCPCS manual), 2016 edition and any subsequent revisions. It is subject to frequent change. It is published by the Practice Management Information Corporation (PMIC) under the authority of the Centers for Medicare and Medicaid Services and may be purchased from medical bookstores, or through PMIC, 200 West 22nd Street, #253, Lombard, IL 60148, (800) 633-7467, or www.pmiconline.com. It is available through the Minitex interlibrary loan system and on the Centers for Medicare and Medicaid Services website at http://www.cms.gov/Medicare/Coding/HCPCSReleaseCodeSets/Alpha-Numeric-HCPCS.html.

D. The Codes on Dental Procedures and Nomenclature (CDT code), 2016, and any subsequent revisions. The CDT code is published by the American Dental Association and may be purchased from its website at http://www.ada.org/en/store. It is available through the Minitex interlibrary loan system.

E. The UB-04 Data Specifications Manual (UB-04 Manual), 2016, and any subsequent revisions adopted by the National Uniform Billing Committee (NUBC). It is subject to frequent change. It is published by and may be purchased from the American Hospital Association. It is available through the Minitex interlibrary loan system and on the American Hospital Association's website at http://www.ahaonlinestore.com.

F. The National Drug Code Directory, published, maintained, and distributed by the federal Department of Health and Human Services, U.S. Food and Drug Administration. The directory is available for viewing or printing free of charge on the Internet at the U.S. Food and Drug Administration's website at http://www.fda.gov/cder/ndc/. The directory is subject to frequent change and amendments to the directory are also incorporated by reference into this chapter.

History

Statutory Authority: MS s 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 25 SR 1142; L 2002 c 277 s 32; 30 SR 1053; 40 SR 328; 41 SR 1127

Minn. R. 5221.0410 Required Reporting and Filing of Medical Information

Subpart 1. Scope.

This part prescribes information the health care provider is required to submit to the employer, insurer, or commissioner. This part does not preclude any party or the commissioner from requesting supplementary reports from the health care provider under Minnesota Statutes, section 176.231, subdivision 4.

Subp. 2. Health care provider report.

Within ten days of receipt of a request for information on the prescribed health care provider report form from an employer, insurer, or the commissioner, a health care provider must respond on the report form or in a narrative report that contains the same information requested on the form.

The health care provider's report form prescribed by the commissioner must include the information required by items A to M:

A. information identifying the employee and employer, and insurer, if known;

B. date of first examination for this injury or disease by the health care provider;

C. for reports dated before October 1, 2015, the diagnosis and appropriate ICD-9-CM diagnostic codes for the injury or disease. For reports dated on or after October 1, 2015, the diagnosis and appropriate ICD-10-CM diagnostic codes for the injury or disease must be used;

D. history of the injury or disease as given by the employee;

E. the relationship of the injury or disease to employment activities;

F. information regarding any preexisting or other conditions affecting the employee's disability;

G. information about future treatment including, but not limited to, hospital admission, surgery, or referral to another doctor;

H. information regarding any surgery that has been performed;

I. information regarding the employee's ability to work, any work restrictions, and dates of disability;

J. information regarding the employee's permanent partial disability rating, in accordance with subpart 4;

K. information regarding whether the employee is unable to return to former employment for medical reasons attributed to the injury;

L. information regarding maximum medical improvement in accordance with subpart 3; and

M. signature of health care provider, license or registration number, and identification information.

Subp. 3. Maximum medical improvement.

For injuries occurring on or after January 1, 1984, or upon request for earlier injuries, the health care provider must report to the self-insured employer or insurer, maximum medical improvement, when ascertainable, on the health care provider report form or in a narrative report. "Maximum medical improvement" is a medical and legal concept defined by Minnesota Statutes, section 176.011, subdivision 13a.

A. For purposes of subitems (1) and (2), "the employee's condition" includes the signs, symptoms, physical and clinical findings, and functional status that characterize the complaint, illness, or injury. "Functional status" means the ability of an individual to engage in activities of daily life and vocational activities. Except as otherwise provided in item B:

B. This item applies to musculoskeletal injuries that fall within any category under parts 5223.0070, 5223.0080, 5223.0110 to 5223.0150, and 5223.0170 for dates of injury before July 1, 1993, and that fall within any category under parts 5223.0370 to 5223.0390 and 5223.0440 to 5223.0550 for dates of injury on or after July 1, 1993. When more than one year has elapsed since the date of a musculoskeletal injury that falls within any of the above categories, the only factors in determining maximum medical improvement shall be whether a decrease is anticipated in the employee's estimated permanent partial disability rating or a significant improvement is anticipated in the employee's work ability as documented on the report of work ability described in subpart 6. If medical reports show no decrease in the employee's estimated permanent partial disability or no significant improvement in the employee's work ability in any three-month period later than one year after the injury, the employee is presumed to have reached maximum medical improvement. This presumption can only be rebutted by a showing that a decrease in the employee's permanent partial disability rating or significant improvement in the work ability has occurred or is likely to occur beyond this three-month period. The medical reports relied upon as establishing maximum medical improvement under this item must be served on the employee in accordance with item C. This item applies only to injuries of the musculoskeletal system, except where the injury is a spinal cord injury resulting in permanent paralysis, a head injury with loss of consciousness, or where surgery has been performed within the previous six months. In these cases, the factors listed in item A shall be used to determine maximum medical improvement.

C. If the employer or insurer does not serve a notice of intention to discontinue benefits or a petition to discontinue benefits under Minnesota Statutes, section 176.238, at the same time a narrative maximum medical improvement report is served, then the report must be served with a cover letter containing the information in subitems (1) to (6). Serving the cover letter with the maximum medical improvement report does not replace the notice of intention to discontinue benefits or petition to discontinue benefits required by Minnesota Statutes, section 176.238. The cover letter must include:

Subp. 4. Permanent partial disability.

The health care provider must render an opinion of permanent partial disability when ascertainable, but no later than the date of maximum medical improvement. The rating must be reported on the health care provider report form or in a narrative report. In making a rating of permanent partial disability, the health care provider must specify any applicable category of the permanent partial disability schedule in effect for the employee's date of injury. If a zero rating is appropriate, this rating must also be reported.

The health care provider may refer the employee to another health care provider for an opinion of the employee's permanent partial disability rating if the primary health care provider feels unable to make the determination in complicated cases involving impairments to more than one body part or multiple citations under the permanent partial disability schedule. In such cases, the treating provider must be available for consultation with the evaluating provider, and must make all relevant medical records available, without charge to the payer. The evaluating provider is entitled to reimbursement from the payer for a consultation as limited by the medical fee schedule.

Subp. 5. Required reporting to division.

For those injuries that are required to be reported to the division under Minnesota Statutes, section 176.231, subdivision 1, the self-insured employer or insurer or third-party administrator shall file with the division the health care provider report form prescribed in subpart 2 or a narrative report that indicates that the employee has reached maximum medical improvement, or that indicates a preliminary or final permanent partial disability rating. The commissioner shall, by written request under Minnesota Statutes, section 176.231, subdivisions 3 and 7, require the filing of the health care provider report at additional times as necessary to monitor compliance with Minnesota Statutes, chapter 176, in accordance with Minnesota Statutes, sections 176.231, subdivision 6, and 176.251. Reports dated before October 1, 2015, filed under this subpart must include the appropriate ICD-9-CM diagnostic codes for the injury or disease. Reports dated on or after October 1, 2015, filed under this subpart must include the appropriate ICD-10-CM diagnostic codes for the injury or disease.

Subp. 6. Report of work ability.

Each primary health care provider as defined in part 5221.0430, subpart 1, must complete and submit to the employee a report of work ability. A health care provider providing service under the direction or prescription of another provider is not required to complete a report of work ability.

A. For all work injuries, the primary health care provider must complete a report of work ability within ten days of a request by an insurer or at the intervals stated in subitems (1) to (3), unless there are no restrictions or the restrictions are permanent and have been so indicated in a report of work ability:

B. The report of work ability must be either on the form prescribed by the commissioner or in a report that contains the same information as the report of work ability. The report of work ability prescribed by the commissioner shall include:

C. The report of work ability must be based on the health care provider's most recent evaluation of the employee's signs, symptoms, physical and clinical findings, and functional status.

D. The report of work ability must be provided to the employee and a copy of the report must be placed in the employee's medical record. Promptly upon receipt, the employee shall submit the report of work ability to the employer or the insurer and the assigned qualified rehabilitation consultant. The commissioner shall, by written request under Minnesota Statutes, sections 176.102, subdivision 7, and 176.231, subdivisions 3 and 7, require the filing of a report of work ability when necessary to monitor compliance with Minnesota Statutes, chapter 176, in accordance with Minnesota Statutes, sections 176.231, subdivision 6, and 176.251.

Subp. 7. Payment and coding for required and supplementary reporting.

A. No charge may be assessed for completion of a health care provider report or report of work ability required by subparts 2 and 6, or for a narrative or other report prepared in lieu of a health care provider report or report of work ability. If a provider itemizes this service on the billing form, the provider must use code 99080 (special reports) when reporting this service.

B. A payer or other party may request supplementary reports from the health care provider for information not required in the health care provider report or the report of work ability. A provider may charge a reasonable amount for requested supplementary reports using code 99199 (unlisted special service or report). Payment for supplementary reports is not subject to the 85 percent payment limit as specified in part 5221.0500, subpart 2, item F.

Subp. 8. Proper filing of documents with division.

A health care provider report or narrative report required by the division under this part may be filed by facsimile or electronic transmission, if available at the division. Filing is completed at the time that the facsimile or electronic transmission is received by the commissioner. A report received after 4:30 p.m. shall be deemed received on the next open state business day. The filed facsimile or transmitted information has the same force and effect as the original. Where the quality of the document is at issue, the commissioner shall require the original document to be filed.

A narrative report filed with the division must, at the top of the first page, identify the employee by name, Social Security number, and date of injury. The name of the self-insured employer, insurer, and administrator if appropriate, must also be identified. The filer must identify the reason the report is submitted, and must highlight the corresponding pertinent sections of the report.

History

Statutory Authority: MS s 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 25 SR 1142; 40 SR 328; 41 SR 1127

Minn. R. 5221.0420 Health Care Provider Participation with Return to Work Planning

Subpart 1. Cooperation with return to work planning.

In addition to completing the required report of work ability under part 5221.0410, subpart 6, a health care provider must participate cooperatively in the planning of an injured employee's return to work by communicating with the employee, employer, insurer, rehabilitation providers, and the commissioner in accordance with this part. A health care provider must release the employee to return to work, with restrictions if necessary, at the earliest appropriate time.

If no qualified rehabilitation consultant has requested an opinion under subpart 2, item B, subitem (1), the health care provider must respond within ten calendar days of receipt of a request by the employee, employer, or insurer regarding whether the physical requirements of a proposed job are within the employee's medical restrictions or whether the health care provider requires further information. The health care provider may respond in writing, in person, or by telephone. The health care provider may require that the proposed job be described in writing. The provider may also agree to review a videotape of the job.

Subp. 2. Communication with assigned qualified rehabilitation consultant.

When an employee is receiving vocational rehabilitation services under Minnesota Statutes, section 176.102, the health care provider must communicate with the assigned qualified rehabilitation consultant as follows:

A. A valid patient authorization is required for communication with the assigned qualified rehabilitation consultant. Under part 5220.1802, it is the assigned qualified rehabilitation consultant's responsibility to obtain the patient authorization and send it to the health care provider. Within ten calendar days of receipt of a request for information, the health care provider must respond to the assigned qualified rehabilitation consultant in person, by telephone, or in writing when any of the circumstances specified in item B occur. When an opinion about a proposed job is requested, the health care provider may require that the proposed job be described in writing. The provider may also agree to review a videotape of the job.

B. The health care provider must respond to a request for communication from the assigned qualified rehabilitation consultant upon initial assignment of a qualified rehabilitation consultant. Thereafter, the health care provider must respond to a request no more than once in any 30-calendar day period, except that the provider must also respond to a request when any of the following occur:

Subp. 3. Reimbursement for services.

A health care provider may not require prepayment for communication required by this part. The provider must bill the employer and insurer for the services rendered. Return to work services for communication directly with the employee alone must be included in the appropriate level of evaluation and management service. For a return to work service provided to anyone other than the employee, a provider may charge a reasonable amount under this part using code 99199 (unlisted special service or report). Payment for return to work services coded as 99199 under this subpart is not subject to the 85 percent payment limit as specified in part 5221.0500, subpart 2, item F.

History

Statutory Authority: MS s 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 25 SR 1142

Minn. R. 5221.0430 Change of Health Care Provider

Subpart 1. Primary health care provider.

The individual health care provider directing and coordinating medical care to the employee following the injury is the primary health care provider. If the employee receives medical care after the injury from a provider on two occasions, the provider is considered the primary health care provider if that individual directs and coordinates the course of medical care provided to the employee. The employee may have only one primary health care provider at a time. The selection of a provider by an employee covered by a certified managed care plan is governed by chapter 5218.

Subp. 2. Change of health care provider.

Following selection of a primary provider, the employee may change primary providers once within the first 60 days after initiation of medical treatment for the injury without the need for approval from the insurer, the department, or a workers' compensation judge. After the first 60 days following initiation of medical treatment for the injury, any further changes of primary provider must be approved by the insurer, the department, or a workers' compensation judge. However, at any time throughout the claim, transfer of medical care coordination due to conditions beyond the employee's control, such as retirement, death, cessation from practice of the primary provider, or a referral from the primary provider to another provider, does not require prior approval. If the employee is covered by a certified managed care plan, a change of providers is governed by chapter 5218, Minnesota Statutes, section 176.1351, subdivision 2, clause (11), and procedures under the plan.

Subp. 3. Unauthorized change; prohibited payments.

If the employee or health care provider fails to obtain approval of a change of provider before commencing treatment where required by this part, the insurer is not liable for the treatment rendered prior to approval unless the insurer has agreed to pay for the treatment. Treatment rendered before a change of provider is approved under this subpart is not inappropriate if the treatment was provided in an emergency situation and prior approval could not reasonably have been obtained.

Subp. 4. Change of primary provider not approved.

After the first 60 days following initiation of medical treatment for the injury, or after the employee has exercised the employee's right to change doctors once, the department, a certified managed care organization, or a compensation judge shall not approve a party's request to change primary providers, where:

A. a significant reason underlying the request is an attempt to block reasonable treatment or to avoid acting on the provider's opinion concerning the employee's ability to return to work;

B. the change is to develop litigation strategy rather than to pursue appropriate diagnosis and treatment;

C. the provider lacks the expertise to treat the employee for the injury;

D. the travel distance to obtain treatment is an unnecessary expense and the same care is available at a more reasonable location;

E. at the time of the employee's request, no further treatment is needed; or

F. for another reason, the request is not in the best interest of the employee and the employer.

History

Statutory Authority: MS s 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 25 SR 1142

Minn. R. 5221.0500 Excessive Charges; Limitation of Payer Liability

Subpart 1. Excessive health care provider charges.

A billing charge for services, articles, or supplies provided to an employee with a compensable injury is excessive if any of the conditions in items A to I apply to the charge. A payer is not liable for a charge which meets any of these conditions:

A. the charge wholly or partially duplicates another charge for the same service, article, or supply, such that the charge has been paid or will be paid in response to another billing;

B. the charge exceeds the provider's current usual and customary charge, as specified in subpart 2, item B, for the same or similar service, article, or supply in cases unrelated to workers' compensation injuries;

C. the charge is described by a billing code that does not accurately reflect the actual service provided;

D. the service does not comply with the treatment standards and requirements adopted under Minnesota Statutes, section 176.83, subdivision 5, concerning the reasonableness and necessity, quality, coordination, level, duration, frequency, and cost of services;

E. the service was performed by a provider prohibited from receiving reimbursement under Minnesota Statutes, chapter 176, pursuant to Minnesota Statutes, sections 176.83, 176.103, 176.1351, and 256B.0644;

F. the service, article, or supply is not usual, customary, and reasonably required for the cure or relief of the effects of a compensable injury or is provided at a level, duration, or frequency that is excessive, based on accepted medical standards for quality health care and accepted rehabilitation standards under Minnesota Statutes, section 176.136, subdivision 2, clause (2);

G. the service, article, or supply was delivered in violation of the federal Medicare anti-kickback statutes and regulations as specified in part 5221.0700, subpart 1a;

H. where approval for a change of doctor is required by part 5221.0430 for the provider submitting the charge, and approval has not been obtained from the payer, commissioner, or compensation judge; or

I. the service is outside the scope of practice of the particular provider or is not generally recognized within the particular profession of the provider as of therapeutic value for the specific injury or condition, under Minnesota Statutes, section 176.136, subdivision 2, clause (3).

Subp. 2. Limitation of payer liability.

A payer is not liable for health care charges which are excessive under subpart 1. If the charges are not excessive under subpart 1, a payer's liability for payment of charges is limited as provided in items A to F.

A. If the medical fee schedule applies to the service according to part 5221.4005, subpart 3, the payer's liability shall be limited to the maximum amount allowed for any service, article, or supply in the medical fee schedule in effect on the date of the service, or the provider's usual and customary fee, whichever is lower.

B. Except as provided in items C to F, if the maximum fee for service, article, or supply is not limited by parts 5221.4005 to 5221.4070, the payer's liability for payment shall be limited to 85 percent of the provider's usual and customary charge, or 85 percent of the prevailing charge for similar treatment, articles, or supplies furnished to an injured person when paid for by the injured person, whichever is lower.

C. Payment for services, articles, and supplies provided to an employee while an outpatient at a hospital shall be as provided in parts 5221.4005 to 5221.4070, except as provided in Minnesota Statutes, section 176.136, subdivision 1b. The payer's liability for services provided by a nursing home that participates in the medical assistance program shall be the rate established by the commissioner of human services.

D. Payment for services, articles, and supplies provided to an employee who is an inpatient at a hospital shall be as provided in Minnesota Statutes, sections 176.136, subdivision 1b, and 176.1362.

E. Charges for cost of copies of medical records and postage are governed by parts 5219.0100 to 5219.0300 and are not subject to the 85 percent reimbursement limit specified in item B. Travel expenses incurred by an employee for compensable medical services shall be paid at the rate equal to the rate paid by the employer for ordinary business travel expenses, or the rate paid by the state of Minnesota under the commissioner's plan for employment-related travel, whichever is lower. Reimbursement for employee travel expenses is not subject to the 85 percent reimbursement limit specified in item B.

F. Charges for supplementary reports that are not required reports under part 5221.0410, subpart 7, and charges for return to work services under part 5221.0420, subpart 3, are not subject to the 85 percent reimbursement limit specified in item B.

Subp. 3. Collection of excessive charges.

A provider may not collect or attempt to collect payment from an injured employee, or any other source, charges for a compensable injury which the payer has determined are excessive under subpart 1 or which exceed the maximum amount payable specified in subpart 2, unless payment is ordered by the commissioner, compensation judge, or Workers' Compensation Court of Appeals. Unless the provider or the employee has filed a claim for a determination of the amount payable with the commissioner, the health care provider must remove the charges from the billing statement. If a dispute exists as to whether an employee's injury is compensable under Minnesota Statutes, chapter 176, and the employee has general health insurance, payment of medical bills is governed by Minnesota Statutes, section 176.191, subdivision 3.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 18 SR 1472; 25 SR 1142; 38 SR 306; 41 SR 1127

Minn. R. 5221.0550 [Repealed, 18 SR 1472]

[Repealed, 18 SR 1472]

Minn. R. 5221.0600 Payer Responsibilities

Subpart 1. Compensability.

This chapter does not require a payer to pay a charge for a service that is not for the treatment of a compensable injury or a charge that is the primary obligation of another payer.

Subp. 2. Determination of excessiveness.

Subject to a determination of the commissioner or compensation judge, the payer shall determine whether a charge or service is compensable by evaluating the charge and service according to the conditions of excessiveness and payer liability specified in part 5221.0500, subparts 1 and 2, and Minnesota Statutes, section 176.136, subdivision 2. If the payer determines that the provider has assigned an incorrect code for a service, the payer may determine the correct code for the service and evaluate liability for payment on the basis of the correct code.

Subp. 3. Determination of charges.

As soon as reasonably possible, and no later than 30 calendar days after receiving the bill, the payer shall:

A. pay the charge or any portion of the charge that is not denied;

B. deny all or a portion of a charge on the basis that the injury is noncompensable; the charge is excessive or noncompensable under Minnesota Statutes, section 176.136, subdivision 2; or part 5221.0500, subparts 1 and 2; or the charges are not submitted on the appropriate billing form prescribed in part 5221.0700; or

C. request specific additional information to determine whether the charge or the condition is compensable. The payer shall make a determination as set forth in items A and B no later than 30 calendar days following receipt of the provider's response to the initial request for specific additional information.

Subp. 4. Notification.

Within 30 calendar days of receipt of the bill, the payer shall provide written notification to the employee and provider of denial of part or all of a charge, or of any request for additional information, except that the employer or insurer is not required to notify the employee of payment of charges that have been reduced according to Minnesota Statutes, section 176.136, subdivision 1, 1a, or 1b. Written notification shall include:

A. the basis for denial of all or part of a charge that the payer has determined is not for a compensable injury under part 5221.0100, subpart 6;

B. the basis for denial or reduction of each charge and the specific amounts being denied or reduced for each charge meeting the conditions of an excessive or noncompensable charge under part 5221.0500, subparts 1 and 2, or Minnesota Statutes, section 176.136, subdivision 2;

C. denial of a charge for failure to submit it on the billing form prescribed in part 5221.0700, subpart 2; and

D. a request for an appropriate record or the specific information requested to allow for proper determination of the bill under this part. The payer shall specify the applicable rule, part, and subpart in this chapter supporting its denial or reduction of a charge. A general statement that a service or charge "exceeds the fee schedule or treatment parameters" is not adequate notification. If payment is denied under item B, C, or D, the payer shall reconsider the charges in accordance with this rule as soon as reasonably possible, and no later than 30 calendar days after receipt of additional relevant information or documents. Notice of denial of part or all of a charge shall be given by the payer consistent with the guidelines in this subpart.

Subp. 5. Penalties.

Failure to comply with the requirements of this part may subject the payer to the penalties provided in Minnesota Statutes, sections 176.221, 176.225, and 176.194.

Subp. 6. Collection of excessive payment.

Any payment made to a provider which is determined to be wholly or partially excessive, according to the conditions prevailing at the time of payment, may be collected from the provider by the payer in the amount that the reimbursement was excessive. The payer must demand reimbursement of the excessive payment from the provider within one year of the payment.

History

Statutory Authority: MS s 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 18 SR 1472; 25 SR 1142; 35 SR 2015

Minn. R. 5221.0650 Data Collection, Retention, and Reporting Requirements

Subpart 1. Scope.

This part applies to workers' compensation insurers, self-insurers, group self-insurers, adjusters, and third-party administrators who act on behalf of an insurer, self-insurer, the assigned risk plan, and the Minnesota Insurance Guaranty Association.

Subp. 2. Purpose.

The purpose of this part is to establish procedures and requirements for reporting medical and related data regarding treatment of work-related injuries. The data shall be provided in order for the department to monitor and evaluate medical services and supplies under Minnesota Statutes, chapter 176.

Subp. 3. Retention period.

Data described in subpart 4 shall be collected and stored by the parties listed in subpart 1, beginning July 1, 1994, for all medical services and supplies provided to an employee under Minnesota Statutes, chapter 176, for ten years from the date of injury, or four years from the date the claim is closed, whichever is later.

Subp. 4. Required data.

The data in items A and B shall be collected and stored by the parties listed in subpart 1.

A. Required data for professional services and supplies includes all elements required on the uniform billing form under part 5221.0700, subpart 2a, and:

B. Required data for inpatient and outpatient hospital services and supplies includes all elements required on the uniform billing form under part 5221.0700, subpart 2b, and:

Subp. 5. Reporting requirements.

The data in subpart 4 shall be periodically sampled according to the sampling specifications prescribed by the research design for a study initiated by the commissioner under Minnesota Statutes, sections 175.17, 175.171, 176.103, and 176.1351. The samples shall be reported within 90 days of the request of the commissioner. The requested data shall be provided without charge to the department by a mutually agreeable standard of information exchange such as hard copy, computerized form, or electronic data interchange.

History

Statutory Authority: MS s 175.171; 176.101; 176.135; 176.136; 176.231; 176.83
History: 18 SR 1472

Minn. R. 5221.0700 Provider Responsibilities

Subpart 1. Usual charges.

No provider shall submit a charge for a service that exceeds the amount that the provider charges for the same type of service in cases unrelated to workers' compensation injuries.

Subp. 1a. Conflicts of interest.

All health care providers subject to this chapter are bound by the federal Medicare antikickback statute in section 1128B(b) of the Social Security Act, United States Code, title 42, section 1320a-7b(b), and regulations adopted under it, pursuant to Minnesota Statutes, section 62J.23. Any medical services or supplies provided in violation of these provisions are not compensable under Minnesota Statutes, chapter 176.

Subp. 2. Submission of information.

Providers except for hospitals must supply with the bill a copy of an appropriate record that adequately documents the service and substantiates the nature and necessity of the service or charge. Hospitals must submit an appropriate record upon request by the payer. All charges billed after January 1, 1994, for workers' compensation health care services, articles, and supplies, except for United States government facilities rendering health care services for veterans, must be submitted to the payer in the formats prescribed in subparts 2a, 2b, 2c, and 2d, and in accordance with items A to C.

A. Charges for services, articles, and supplies must be submitted to the payer directly by the health care provider actually furnishing the service, article, or supply. This includes but is not limited to the following:

B. Charges must be submitted to the payer in the manner required by subparts 2a, 2b, 2c, and 2d, within 60 days from the date the health care provider knew the condition being treated was claimed by the employee as compensable under workers' compensation. Failure to submit charges within the 60 days is not a basis to deny payment, but is a basis for disciplinary action against the provider under Minnesota Statutes, section 176.103. Failure to submit claims within the time frames specified in Minnesota Statutes, section 62Q.75, subdivision 3, may result in denial of payment.

C. This part does not limit the collection of other information the provider may be required to report under any other state or federal jurisdiction.

Subp. 2a. ASC X12 Health Care Claim: Professional (837) format.

Except as provided in subparts 2b, 2c, and 2d, charges for all services, articles, and supplies that are provided for a claimed workers' compensation injury must be submitted to the payer electronically in the ASC X12 Health Care Claim: Professional (837) format required by Minnesota Statutes, sections 62J.50 to 62J.61, and the corresponding uniform companion guide adopted by the Department of Health under Minnesota Statutes, sections 62J.536 and 62J.61.

Subp. 2b. ASC X12 Health Care Claim: Institutional (837) format.

A. Hospitals licensed under Minnesota Statutes, section 144.50, must submit charges electronically in the ASC X12 Health Care Claim: Institutional (837) format required by Minnesota Statutes, sections 62J.50 to 62J.61, and the corresponding uniform companion guide adopted by the Minnesota Department of Health under Minnesota Statutes, sections 62J.536 and 62J.61.

B. When the billing format in item A provides only summary information, an itemized listing of all services and supplies provided during the inpatient hospitalization must be attached, except as otherwise provided in Minnesota Statutes, section 176.1362. The itemized list must include:

Subp. 2c. Submission of drug charges.

A. Itemized charges for drugs dispensed for a claimed workers' compensation injury by a licensed community/outpatient pharmacy must be submitted to the payer electronically in the National Council for Prescription Drug Programs (NCPDP) Version D, Release 0 format required by Minnesota Statutes, sections 62J.50 to 62J.61, and the corresponding uniform companion guide adopted by the Minnesota Department of Health under Minnesota Statutes, sections 62J.536 and 62J.61.

B. Charges for drugs dispensed by a practitioner as defined in Minnesota Statutes, section 151.01, subdivision 23, who is permitted to dispense drugs under Minnesota Statutes, chapter 151, may be submitted to the payer according to the applicable requirements of this subpart or subpart 2a.

C. Charges for drugs dispensed by a hospital may be submitted according to the applicable requirements of this subpart or subpart 2b.

D. The terms "community/outpatient pharmacy," "dispense," "drug," "practitioner," and "usual and customary charge" in this subpart have the meanings given to them in part 5221.4070, subpart 1a.

Subp. 2d. ASC X12 Health Care Claim: Dental (837) format.

Charges for dental services must be submitted to the payer electronically in the ASC X12 Health Care Claim: Dental (837) format required by Minnesota Statutes, sections 62J.50 to 62J.61, and the corresponding uniform companion guide adopted by the Minnesota Department of Health under Minnesota Statutes, sections 62J.536 and 62J.61.

Subp. 3. Billing code.

A. The provider shall undertake professional judgment to assign the correct approved billing code, and any applicable modifiers, in the CPT, HCPCS, NDC, or UB-04 Data Specifications manual in effect on the date the service, article, or supply was rendered, using the appropriate provider group designation, and according to the instructions and guidelines in this chapter. No provider may use a billing code that is assigned a "D," "F," "G," or "H" status as described in part 5221.4020, subpart 2a, item D. Where several component services which have different CPT codes may be described in one more comprehensive CPT code, only the single CPT code most accurately describing the procedure performed or service rendered may be reported. Dental procedures not included in CPT or HCPCS shall be coded using the Code on Dental Procedures and Nomenclature (CDT code) as published by the American Dental Association. Inpatient services shall be coded using the same codes, formats, and details that are required for billing for hospital inpatient services by the Medicare program as required by Minnesota Statutes, section 176.1362, subdivision 1, paragraph (c).

B. The codes for services in parts 5221.4030 to 5221.4070 may be submitted with two-digit or two-letter suffixes called "modifiers" as defined in part 5221.0100, subpart 10a. Except as otherwise specifically provided in parts 5221.4005 to 5221.4070, the use of a modifier does not change the maximum fee to be calculated according to part 5221.4020.

C. Provider group designation.

Subp. 4. Cooperation with payer.

Pursuant to Minnesota Statutes, section 176.138, providers shall comply within seven working days with payers' proper written requests for copies of existing medical data concerning the services provided, the patient's condition, the plan of treatment, and other issues pertaining to the payer's determination of compensability or excessiveness.

Subp. 5.

[Repealed, 18 SR 1472]

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 9 SR 601; 13 SR 2609; 18 SR 1472; 25 SR 1142; 30 SR 1053; 38 SR 306; L 2014 c 291 art 4 s 58; 41 SR 1127

Minn. R. 5221.0800 [Repealed, 18 SR 1472]

[Repealed, 18 SR 1472]

Minn. R. 5221.0900 [Repealed, 13 SR 2609]

[Repealed, 13 SR 2609]

Minn. R. 5221.1000 Repealed by subpart

Subpart 1.

[Repealed, 18 SR 1472]

Subp. 2.

[Repealed, 18 SR 1472]

Subp. 3.

[Repealed, 18 SR 1472]

Subp. 4.

[Repealed, 18 SR 1472]

Subp. 5.

[Repealed, 18 SR 1472]

Subp. 6.

[Repealed, 18 SR 1472]

Subp. 7.

Subp. 2.

[Repealed, 18 SR 1472]

Subp. 3.

[Repealed, 10 SR 765]

Subp. 4.

[Repealed, 10 SR 765]

Subp. 5.

[Repealed, 10 SR 765]

Subp. 6.

[Repealed, 10 SR 765]

Subp. 7.

[Repealed, 10 SR 765]

Subp. 8.

[Repealed, 10 SR 765]

Subp. 9.

[Repealed, 10 SR 765]

Subp. 10.

[Repealed, 10 SR 765]

Minn. R. 5221.2600 Repealed by subpart

Subpart 1.

[Repealed, 18 SR 1472]

Subp. 2.

[Repealed by amendment, 13 SR 2609]

Subp. 3.

[Repealed, 10 SR 765]

Subp. 4.

[Repealed, 10 SR 765]

Subp. 5.

[Repealed, 10 SR 765]

Minn. R. 5221.2650 [Repealed, 18 SR 1472]

[Repealed, 18 SR 1472]

Minn. R. 5221.2700 [Repealed, 14 SR 722]

[Repealed, 14 SR 722]

Minn. R. 5221.2750 [Repealed, 18 SR 1472]

[Repealed, 18 SR 1472]

Minn. R. 5221.2800 Repealed by subpart

Subpart 1.

[Repealed, 18 SR 1472]

Subp. 2.

[Repealed, 18 SR 1472]

Subp. 3.

MR 1985 [Repealed, 10 SR 765]

Subp. 3.

[Repealed, 18 SR 1472]

Subp. 4.

[Repealed, 18 SR 1472]

Minn. R. 5221.2900 [Repealed, 18 SR 1472]

[Repealed, 18 SR 1472]

Minn. R. 5221.3000 Repealed by subpart

Subpart 1.

[Repealed, 18 SR 1472]

Subp. 2.

[Repealed, 18 SR 1472]

Subp. 3.

[Repealed, 10 SR 765]

Subp. 3.

[Repealed, 18 SR 1472]

Subp. 4.

[Repealed, 10 SR 765]

Subp. 5.

A. the tables in the Medicare National Physician Fee Schedule Relative Value File and the Geographic Practice Cost Indices File most recently incorporated by reference by the commissioner by publishing in the State Register pursuant to Minnesota Statutes, section 176.136, subdivision 1a; and

B. parts 5221.4005 to 5221.4061, which contain instructions for applying the Medicare Physician Fee Schedule tables described in item A to determine the maximum fees for treatment of injured workers under Minnesota Statutes, section 176.136.

Subp. 2. Effective date.

The medical fee schedule applies to treatment provided on or after the effective date of:

A. the most recent fee schedule tables adopted pursuant to Minnesota Statutes, section 176.136, subdivision 1a, as described in subpart 1; and

B. corresponding rules in parts 5221.4005 to 5221.4061 to implement the fee schedule tables.

Subp. 3. Applicability.

The medical fee schedule applies to a charge for a particular health care service if:

A. the medical service is compensable under Minnesota Statutes, section 176.135;

B. the service conforms to a CPT, HCPCS, or revenue billing code in effect on the date the service was rendered; and

C. the billing code for the service is listed under the appropriate provider group designation for the health care provider that rendered the service.

History

Statutory Authority: MS s 14.38; 14.386; 14.388
History: 35 SR 227; 41 SR 1127

Minn. R. 5221.4010 Employer's Liability for Services Under Medical Fee Schedule

Unless the maximum fee is adjusted under part 5221.4035, 5221.4051, or 5221.4061, the employer's liability for services included in parts 5221.4030 to 5221.4061 is limited to 100 percent of the fee schedule amount calculated according to the formula in part 5221.4020 or the provider's usual and customary fee for the service, whichever is lower. The employer's liability for pharmacy services is as provided in part 5221.4070.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 25 SR 1142; 35 SR 227

Minn. R. 5221.4020 Determining Fee Schedule Payment Limits

Subpart 1.

[Repealed, 35 SR 227]

Subp. 1a.

[Repealed, 35 SR 227]

Subp. 1b. Conversion factors and maximum fee formulas.

A. Except as provided in parts 5221.4035, 5221.4050, 5221.4051, 5221.4060, 5221.4061, and 5221.4070, the maximum fee in dollars for a health care service subject to the medical fee schedule is calculated according to subitems (1) to (4).

B. The conversion factors for services, articles, and supplies included in parts 5221.4030 to 5221.4061 are as provided in Minnesota Statutes, section 176.136, subdivision 1a, as follows:

Subp. 1c. Sample calculation.

The following is a sample calculation for determining the maximum fee, excluding any applicable adjustments in parts 5221.4030 to 5221.4061, for a new patient office examination between 15 and 29 minutes (procedure code 99202) in a clinic based on the 2025 National Physician Fee Schedule Relative Value July Release:

Subp. 2.

[Repealed, 35 SR 227]

Subp. 2a. Key to abbreviations and terms and payment instructions.

Columns A to AE are found in the tables in the Medicare National Physician Fee Schedule Relative Value File most recently incorporated by reference by the commissioner by publishing in the State Register pursuant to Minnesota Statutes, section 176.136, subdivision 1a. These columns list indicators necessary to determine the maximum fee for the service. Further payment adjustments may apply as specified in this subpart.

A. Column A is the "HCPCS code." This column identifies the CPT/HCPCS code. This code identifies the health care service described in column 4.

B. Column B is the "modifier." This column identifies when there is a technical/professional modifier. Column B contains a modifier if there is a technical component (TC) and a professional component (26) for the service. Column N governs the use of the modifiers. Column B also contains a modifier "53" to identify codes that have a separate RVU for a procedure that has been terminated by the physician before completion.

C. Column C is the "Description." This column is an abbreviated CPT/HCPCS narrative description of the procedure code. A detailed description of the service appears in the CPT or HCPCS manual incorporated by reference in the applicable medical fee schedule.

D. Column D is the "Status Code."

E. Column E is "Not Used for Medicare Payment." This column is not used in Minnesota workers' compensation.

F. Column F is the "Work RVU." This column lists the RVU for the physician work component of the formulas in subpart 1b, item A.

G. Column G is the "Nonfacility Practice Expense RVU." This column lists the RVU for the resource-based practice expense component of the formulas in subpart 1b, item A, for the nonfacility setting.

H. Column H is the "Nonfacility NA Indicator." This column is not used in Minnesota workers' compensation.

I. Column I is the "Facility Practice Expense RVU." This column lists the RVU for the resource-based practice expense component of the formulas in subpart 1b, item A, for services provided by a health care provider in a facility setting, such as a hospital or ambulatory surgical center.

J. Column J is the "Facility NA Indicator." This column is not used in Minnesota workers' compensation.

K. Column K is the "Malpractice RVU." This column lists the RVU for the malpractice expense component of the formulas in subpart 1b, item A, for services provided by a health care provider in both nonfacility and facility settings.

L. Column L is the "Nonfacility Total RVU." This column is not used in Minnesota workers' compensation.

M. Column M is the "Facility Total RVU." This column is not used in Minnesota workers' compensation.

N. Column N is the "PC/TC Indicator." Indicator "0" indicates physician service codes. This indicator identifies codes that describe physician services such as office visits, consultations, and surgical procedures. The concept of PC/TC does not apply to codes with this indicator since physician services cannot be split into professional and technical components. Modifiers 26 and TC cannot be used with these codes. The RVUs include values for physician work, practice expense, and malpractice expense. There are some codes with no work RVUs. Indicator "1" identifies codes for diagnostic tests. Codes with this indicator have both a professional and technical component. Modifiers 26 and TC can be used with these codes. The total RVUs for codes reported with a 26 modifier include values for physician work, practice expense, and malpractice expense. The total RVUs for codes reported with a TC modifier include values for practice expense and malpractice expense only. The total RVUs for codes reported without a modifier include values for physician work, practice expense, and malpractice expense. Indicator "2" indicates professional component only codes. This indicator identifies stand-alone codes that describe the physician work portion of selected diagnostic tests for which there is an associated code that describes the technical component of the diagnostic test only, and another associated code that describes the global test. An example of a professional component only code is CPT code 93010, electrocardiogram; interpretation and report. Modifiers 26 and TC cannot be used with these codes. The total RVUs for professional component only codes include values for physician work, practice expense, and malpractice expense. Indicator "3" indicates technical component only codes. This indicator identifies stand-alone codes that describe the technical component, such as staff and equipment costs, of selected diagnostic tests for which there is an associated code that describes the professional component of the diagnostic test only. An example of a technical component only code is CPT code 93005, electrocardiogram; tracing only, without interpretation and report. A "3" indicator also identifies codes that are covered only as diagnostic tests and therefore do not have a related professional code. Modifiers 26 and TC cannot be used with these codes. The total RVU for technical component only codes includes values for practice expense and malpractice expense only. Indicator "4" indicates global test only codes. This indicator identifies stand-alone codes that describe selected diagnostic tests for which there are associated codes that describe (a) the professional component of the test only; and (b) the technical component of the test only. Modifiers 26 and TC cannot be used with these codes. The total RVUs for global procedure only codes include values for physician work, practice expense, and malpractice expense. The total RVUs for global procedure only codes equals the sum of the total RVU for the professional component only and technical component only codes combined. Indicator "5" indicates incident to codes. Indicator "5" is not used in Minnesota workers' compensation. Indicator "6" indicates laboratory physician interpretation codes. This indicator identifies clinical laboratory codes for which separate payment for interpretations by laboratory physicians may be made. Modifier TC cannot be used with these codes. The total RVU for laboratory physician interpretation codes includes values for physician work, practice expense, and malpractice expense. Indicator "7" indicates physical therapy services, for which payment may not be made. This indicator is not used in Minnesota workers' compensation. Indicator "8" indicates physician interpretation codes. This indicator is not used in Minnesota workers' compensation. Indicator "9" indicates "not applicable." The concept of a professional/technical component does not apply.

O. Column O is the "Global Days indicator." This column indicates the application of the global surgery package. It provides time frames and other circumstances that apply to each surgical procedure. Part 5221.4035 provides additional factors affecting payment. Indicator "000" indicates endoscopic or minor procedure with related preoperative and postoperative relative values on the day of the procedure only included in the RVU amount. Indicator "010" indicates a procedure with preoperative relative values on the day of the procedure and postoperative relative values during a ten-day postoperative period included in the RVU amount. Indicator "090" indicates major surgery with a one-day preoperative period and a 90-day postoperative period included in the RVU amount. Indicator "MMM" indicates maternity codes. The usual global period does not apply. Indicator "XXX" indicates the global surgery package concept does not apply to the code. Indicator "YYY" indicates the global surgery package concept may apply. If the provider and payor cannot agree to a specified global period, the global period shall be determined by the commissioner or compensation judge. For purposes of indicator "YYY," the global period shall include normal, uncomplicated follow-up care for the procedure. Indicator "ZZZ" indicates the code is related to a primary service and has the same global period as the primary service. However, it is considered an add-on code and is paid separately.

P. Column P is the "Preoperative Percentage." This column indicates the percentage of the total maximum fee calculated under subpart 1b that applies to the preoperative portion of the global surgical package. This percentage is paid when a separate physician performs the preoperative portion of a surgical procedure.

Q. Column Q is the "Intraoperative Percentage." This column indicates the percentage of the total maximum fee calculated under subpart 1b that applies to the intraoperative portion of the global surgical package, including postoperative work in the hospital. This percentage is paid when a physician performs the intraoperative portion of a surgical package.

R. Column R is the "Postoperative Percentage." This column indicates the percentage of the total maximum fee calculated under subpart 1b that applies to the postoperative portion of the global surgical package that is provided in the office after discharge from the hospital. This is the percentage amount of the global surgical package that is paid when a physician performs the postoperative portion of a surgical package.

S. Column S governs payment for Multiple Procedures. The numerical indicators in column S indicate applicable payment adjustment rules for multiple procedures. Indicator "0" indicates no payment adjustment rules for multiple procedures apply. Indicator "2" indicates standard payment adjustment rules for multiple procedures apply as provided in part 5221.4035, subpart 5. Indicator "3" indicates special rules for multiple endoscopic/arthroscopic procedures apply as provided in part 5221.4035, subpart 5, item E. Indicator "4" indicates special rules for multiple diagnostic imaging procedures apply as provided in parts 5221.4035, subpart 5, item F; and 5221.4061, subpart 3. Indicator "5" indicates special rules for multiple therapy services apply as provided in parts 5221.4035, subpart 5, item G; 5221.4051; and 5221.4061. Indicator "6" indicates special rules for multiple diagnostic cardiovascular services apply as provided in part 5221.4035, subpart 5, item H. Indicator "7" indicates special rules for multiple diagnostic ophthalmology services apply as provided in part 5221.4035, subpart 5, item I. Indicator "9" indicates that the concept of multiple procedures does not apply, except as otherwise provided in parts 5221.4051, subpart 2; and 5221.4061, subpart 1a.

T. Column T governs payment for Bilateral Procedures. Symbols in column T indicate services subject to payment adjustment according to part 5221.4035, subpart 6. Indicator "0" indicates that no payment adjustments apply to bilateral procedures. Indicator "1" indicates that bilateral payment adjustments apply. Indicator "2" indicates no further bilateral payment adjustments apply. Indicator "3" indicates that no bilateral payment adjustments apply. Indicator "9" indicates that the concept of bilateral procedures does not apply.

U. Column U governs payment for assistant-at-surgery. Symbols in column U indicate services when an assistant-at-surgery may be paid. Indicator "0" indicates an assistant-at-surgery may not be paid unless supporting documentation is submitted to establish medical necessity, in which case payment is made according to part 5221.4035, subpart 7. Indicator "1" indicates an assistant-at-surgery may not be paid. Indicator "2" indicates that an assistant-at-surgery may be paid according to part 5221.4035, subpart 7. Indicator "9" indicates that the concept of assistant-at-surgery does not apply.

V. Column V governs payment for Cosurgeons. Indicators in column V indicate services for which two surgeons may be paid. Indicator "0" indicates cosurgeons are not permitted for this procedure and no payment for a cosurgeon may be made. Indicator "1" indicates cosurgeons may be paid, with supporting documentation establishing the medical necessity of two surgeons for the procedure. Where necessity is established, payment is made according to part 5221.4035, subpart 8. Indicator "2" indicates cosurgeons are paid according to part 5221.4035, subpart 8. Indicator "9" indicates that the concept of cosurgeons does not apply.

W. Column W governs payment for Team Surgery. Indicators in this column indicate services for which team surgeons may be paid. Part 5221.4035, subpart 9, defines team surgery. Indicator "0" indicates team surgeons are not permitted for this procedure and no payment may be made for team surgeons. Indicator "1" indicates team surgeons may be paid, if supporting documentation establishes medical necessity of a team. The maximum fee for the service is limited by part 5221.0500, subpart 2, items B to F, and Minnesota Statutes, section 176.136, subdivision 1b. Indicator "2" indicates team surgeons are permitted. The maximum fee for the service is limited by part 5221.0500, subpart 2, items B to F, and Minnesota Statutes, section 176.136, subdivision 1b. Indicator "9" indicates that the concept of team surgery does not apply.

X. Column X is the "Endoscopic Base Code." The code in this column identifies an endoscopic base code for each code with a multiple surgery indicator of "3" in column S.

Y. Column Y is the Medicare conversion factor. The conversion factor in this column is not used in Minnesota workers' compensation. The conversion factors for Minnesota workers' compensation are specified in subpart 1b.

Z. Column Z relates to Physician Supervision of Diagnostic Procedures. This column is not used in Minnesota workers' compensation.

AA. Column AA is the Calculation Flag. This column is not used in Minnesota workers' compensation.

AB. Column AB is the "Diagnostic Imaging Family Indicator." Indicator "88" in this field identifies the applicable diagnostic service family for the HCPCS codes with a multiple procedure indicator of "4" in column S. Indicator "99" indicates the concept does not apply.

AC. Column AC is the "Nonfacility Practice Expense Used for OPPS Payment Amount." This column is not used in Minnesota workers' compensation.

AD. Column AD is the "Facility Practice Expense Used for OPPS Payment Amount." This column is not used in Minnesota workers' compensation.

AE. Column AE is the "Malpractice Used for OPPS Payment Amount." This column is not used in Minnesota workers' compensation.

Subp. 3. Supplies, separate billing allowed.

Except as otherwise provided in subpart 2a, charges for the following supplies provided during an evaluation and management service in the office may be billed separately and paid according to the maximum fee established by the formula in subpart 1b if positive RVUs are assigned or, if no positive RVUs are assigned, the charges are limited by part 5221.0500, subpart 2:

A. injectable drugs and antigens;

B. splints, casts, and other devices used in the treatment of fractures and dislocations;

C. all take-home supplies provided by the health care provider or hospital, regardless of type;

D. orthotic device used for the purpose of supporting a weak or deformed body member or restricting or eliminating motion in a diseased or injured part of the body. Braces meet this definition. Elastic stockings and bandages applied in the office do not meet this definition; and

E. prosthetic devices which replace all or part of an internal body organ, or replace all or part of the function of a permanently inoperative or malfunctioning internal body organ. A foley catheter for a permanently incontinent patient meets this definition. A catheter used to obtain a urine specimen does not meet this definition.

Subp. 4. Codes 99455 and 99456.

The CPT manual describes two codes for "Work Related or Medical Disability Evaluation Services" (codes 99455 and 99456). These codes are used to report evaluations performed to establish baseline information prior to life or disability insurance certificates being issued. They are not to be used for reporting services for treatment or evaluation of a compensable work injury under parts 5221.0410 and 5221.0420 or Minnesota Statutes, chapter 176.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83; 326B.01 to 326B.194
History: 18 SR 1472; 21 SR 420; 22 SR 500; 23 SR 595; 24 SR 302; 25 SR 730; 25 SR 1142; 26 SR 490; 27 SR 378; 28 SR 315; 29 SR 358; 30 SR 291; 31 SR 324; 32 SR 570; 33 SR 549; 34 SR 353; 35 SR 227; 35 SR 461; 36 SR 314; 37 SR 373; 38 SR 306; 39 SR 287; 40 SR 332; 41 SR 385; 42 SR 361; 43 SR 384; 44 SR 412; 45 SR 302; 46 SR 293; 47 SR 253; 48 SR 319; 49 SR 357; 50 SR 287

Minn. R. 5221.4030 Medical/Surgical Procedure Codes

Subpart 1. Key to abbreviations and terms.

For descriptions of columns, abbreviations, and terms, see part 5221.4020, subpart 2a.

Subp. 2.

[Repealed, 20 SR 530]

Subp. 2a.

[Repealed, 25 SR 1142]

Subp. 2b.

[Repealed, 35 SR 227]

Subp. 3. List of medical/surgical procedure codes.

The medical/surgical conversion factor in part 5221.4020, subpart 1b, item B, for the applicable date of service applies to the health care providers listed in part 5221.0700, subpart 3, item C, subitem (2), when they provide services, articles, or supplies identified by a procedure code in the Medicare Physician Fee Schedule tables described in part 5221.4005, except for:

A. Pathology and laboratory procedure codes described in part 5221.4040, subpart 3;

B. Physical medicine and rehabilitation procedure codes described in part 5221.4050, subpart 2d, item A; and

C. Chiropractic procedure codes described in part 5221.4060, subpart 2d, item D.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 25 SR 1142; 28 SR 1209; 35 SR 227; 50 SR 287

Minn. R. 5221.4032 [Repealed, 35 SR 227]

[Repealed, 35 SR 227]

Minn. R. 5221.4033 Outpatient Limitation for Medical/Surgical Facility Fee

Subpart 1. No facility fee.

Procedures whose codes are listed in subpart 2b are predominantly performed in office settings and, therefore, no additional facility fees are payable when the procedure is performed by the employee's treating health care provider, unless it is an emergency or medically necessary to perform the procedure in a nonoffice setting or after normal office hours. This part does not preclude payment of a facility fee where the employee is treated by emergency room or urgent care staff.

Subp. 1a. Payment of facility fee.

Except where the facility fee is precluded from payment in subpart 1, fees for ambulatory surgical center and hospital outpatient surgical center are paid in accordance with part 5221.0500, subpart 2.

A. Services and supplies included in facility fee. The services in subitems (1) to (8) are included in the facility fee. There may be no separate payment for these services and supplies:

B. Services and supplies in subitems (1) to (7) are paid separately from the facility fee:

Subp. 2a.

[Repealed, 25 SR 1142]

Subp. 2b. Procedure codes subject to limitation.

A. Surgery: Integumentary system:

B. Surgery: Musculoskeletal system:

C. Surgery: Respiratory, cardiovascular, hemic and lymphatic systems:

D. Surgery: Digestive system:

E. Surgery: Urinary, male genital, female genital, maternity care and delivery systems:

F. Surgery: Endocrine, nervous, eye and ocular adnexa, and auditory systems:

G. Medicine, evaluation and management services:

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 25 SR 1142; 38 SR 306; 47 SR 253; 50 SR 287

Minn. R. 5221.4034 [Repealed, 25 SR 1142]

[Repealed, 25 SR 1142]

Minn. R. 5221.4035 Fee Adjustments for Medical/Surgical Services

Subpart 1. Definition of a global surgical package.

Coding and payment for all surgical procedures is based on a global surgical package as described in this part and part 5221.4020, subpart 2a, items O, P, Q, and R. Physicians are not paid separately for visits or other services that are included in the global package.

A. To determine the global period for surgeries with a 090 global period in column O, include the day immediately before the day of surgery, the day of surgery, and the 90 days immediately following the day of surgery. EXAMPLE: Date of surgery, September 10; preoperative period, September 9; last day of global period, December 9. To determine the global period for procedures with a 010 global period in column O, count the day of surgery and the appropriate number of days immediately following the date of surgery. EXAMPLE: Date of surgery, January 5; last day of global period, January 15. The global period for procedures with a 000 global period include only the services provided on the day of surgery.

B. Columns P, Q, and R of the Medicare Relative Value tables incorporated by reference in part 5221.4005 designate the percentages of the global package assigned to preoperative services, intraoperative services, and postoperative services. These are used to determine the percent of the maximum fee, established by the formula in part 5221.4020, subpart 1b, that is paid to physicians providing one or more components of the global package. EXAMPLE: For physicians who perform the surgery and furnish all of the usual preoperative, intraoperative, and postoperative work the maximum fee is 100 percent (the sum or the percentages in columns P, Q, and R) of the maximum fee established by the formula in part 5221.4020, subpart 1b, for the appropriate CPT code and any appropriate modifiers for the surgical procedure only. Payment for physicians who furnish less than the full global package is described in subpart 4. Other subparts may affect coding and payment for services for which a global period applies. Subpart 2 further defines services included in the global surgical package. Subpart 3 further defines services not included in the global surgical package. Subpart 4 governs coding and payment adjustment for physicians furnishing less than the full global package. Subpart 5 specifies additional coding and payment requirements for multiple surgeries. Subpart 6 specifies additional coding and payment requirements for bilateral procedures. Subpart 7 specifies additional coding and payment requirements for assistant-at-surgery. Subpart 8 specifies additional coding and payment requirements for cosurgeons. Subpart 9 specifies additional coding and payment requirements for team surgery.

Subp. 2. Components of a global surgical package.

The global surgical package includes coding and payment instructions for the following services related to the surgery when furnished by the physician who performs the surgery. The services included in the global surgical package may be furnished in any setting, for example, in hospitals, ambulatory surgical centers, outpatient hospital surgical centers, and physicians' offices. Visits to a patient in an intensive care or critical care unit are also included if made by the surgeon. However, certain critical care services identified by CPT codes 99291 and 99292 are payable separately as specified in subpart 3, item L. Included in the global surgical package are:

A. preoperative visits as follows:

B. intraoperative services which include services that are normally a usual and necessary part of a surgical procedure;

C. all additional medical or surgical services required of the surgeon during the postoperative period of the surgery because of complications which do not require additional trips to the operating room. Subpart 3, item G, governs services for postoperative complications which require a return trip to the operating room;

D. postoperative visits which include follow-up visits during the global period of the surgery that are related to recovery from the surgery;

E. postsurgical pain management by the surgeon;

F. supplies, except for those noted in subpart 3, item I; and

G. miscellaneous services such as dressing changes; local incisional care; removal of operative pack; removal of cutaneous sutures and staples, lines, wires, tubes, drains, casts, and splints; insertion, irrigation and removal of urinary catheters, routine peripheral intravenous lines, nasogastric and rectal tubes, and changes and removal of tracheostomy tubes.

Subp. 3. Services not included in global surgical package.

The services listed in items A to O are not included in the global surgical package. These services may be coded and paid for separately. Physicians must use appropriate modifiers as set forth in this subpart.

A. The initial consultation or evaluation of the problem by the surgeon to determine the need for a surgical procedure is coded and paid as specified in subitems (1) and (2):

B. Services of other physicians are not included in the global surgical package and are separately coded and paid as follows:

C. Visits unrelated to the diagnosis for which the surgical procedure is performed, unless the visits occur due to complications of the surgery, are not included in the global surgical package and are separately payable. Physicians must use the following modifiers if appropriate:

D. Treatment for the underlying condition or an added course of treatment which is not part of normal recovery from surgery is not included in the global surgical package and is separately payable. Complications from the surgical procedure are governed by item G and subpart 2, item C.

E. Diagnostic tests and procedures, including diagnostic radiological procedures and diagnostic biopsies, are not included in the global surgical package and are separately coded and payable. If a diagnostic biopsy with a ten-day global period precedes a major surgery on the same day or in the ten-day period, the major surgery is payable separately.

F. Clearly distinct surgical procedures during the postoperative period which are not reoperations for complications (reoperations for complications are governed by item G) are not included in the global surgical package and are separately payable. This includes procedures done in two or more parts for which the decision to stage the procedure is made prospectively or at the time of the first procedure. Examples of this are procedures to diagnose and treat epilepsy, codes 61533, 61534-61536, 61539, 61541, and 61543, which may be performed in succession within 90 days of each other. CPT modifier 58 must be used to code for staged or related surgical procedures done during the global period of the first procedure. The global period for the staged or subsequent procedures is separate from the global period for the proceeding procedure.

G. Treatment for postoperative complications which requires a return trip to the operating room is not included in the global surgical package and is separately coded and paid as specified in this item. This additional procedure is referred to as a reoperation. "Operating room," for this purpose, is defined as a place of service specifically equipped and staffed for the sole purpose of performing procedures. Operating room includes a cardiac catheterization suite, laser suite, and endoscopy suite. It does not include a patient's room, minor treatment room, recovery room, or intensive care unit, unless the patient's condition was so critical there would be insufficient time for transportation to an operating room.

H. If a less extensive procedure fails, and a more extensive procedure is required, the second procedure is coded and paid separately.

I. Surgical trays are not paid separately. Payment for the surgical tray is included in the RVUs for the surgical procedure.

J. Splints, casting, and take-home supplies are coded and paid separately.

K. Immunosuppressive therapy for organ transplants is coded and paid separately.

L. Critical care services (CPT codes 99291 and 99292) unrelated to the surgery, where a seriously injured or burned patient is critically ill and requires constant attendance of the physician, provided during a global surgical period, are coded and paid separately.

M. Except as provided in part 5221.0410, subpart 7, item A, the physician may separately bill a reasonable amount for supplementary reports and services directly related to the employee's ability to return to work, fitness for job offers, and opinions as to whether or not the condition was related to a work-related injury. Coding and payment for these services is governed by parts 5221.0410, subpart 7; 5221.0420, subpart 3; and 5221.0500, subpart 2.

N. The global surgical package does not apply, and separate coding and payment is allowed, for an initial service that meets both of the conditions in subitems (1) and (2):

O. Surgeries for which services performed are significantly greater or more complex than usually required must be coded with CPT modifier 22 added to the CPT code for the procedure. Additional requirements for use of this modifier are in subitems (1) to (5).

Subp. 4. Physicians furnishing less than full global package.

There are occasions when more than one physician provides services included in the global surgical package. It may be the case that the physician who performs the surgical procedure does not furnish the follow-up care. Payment for the postoperative and postdischarge care is split between two or more physicians where the physicians agree on the transfer of care. Coding and payment requirements for physicians furnishing less than the full global package are:

A. When more than one physician furnishes services that are included in the global surgical package, the maximum fee for each physician is a percentage of the total maximum fee established by the formula in part 5221.4020, subpart 1b, multiplied by the sum of the percentages in columns P, Q, and R for the type of operative service provided. For example, the maximum fee for a physician who performs the preoperative and postoperative services, but not the intraoperative service, would be as follows:

B. Where physicians agree on the transfer of care during the global period, they must add the appropriate CPT modifier to the surgical procedure code:

C. Physicians who share postoperative management with another physician must submit additional information showing when they assumed and relinquished responsibility for the postoperative care. If the physician who performed the surgery relinquishes care at the time of discharge, the physician need only show the date of surgery when billing with CPT modifier 54. However, if the surgeon also cares for the patient for some period following discharge, the surgeon must show the date of surgery and the date on which postoperative care was relinquished to another physician. The physician providing the remaining postoperative care must show the date care was assumed.

D. If a surgeon performs a procedure with a global period of 010 or 090 days, and cares for the patient until time of discharge from a hospital or ambulatory surgical center, the maximum fee for this surgeon's services is: Modifier 54 is used to identify these services.

E. If a health care provider who did not perform the surgery assumes surgical follow-up care of a patient after discharge from the hospital or ambulatory surgical center, then the maximum fee for this practitioner's services is: CPT modifier 55 is used to identify these services.

F. If several health care providers furnish postoperative care, the maximum fee for the postoperative period is divided among the practitioners based on the number of days for which each health care provider was primarily responsible for care of the patient. CPT modifier 55 (for postoperative management only) is used to identify postoperative services furnished by more than one provider.

G. If the providers have agreed to a payment distribution of the global fee that differs from the distributions set forth in items D to F, then payments will be made accordingly, if the agreed-upon distribution is documented and explained on the bill for the procedure and is not prohibited by Minnesota Statutes, section 147.091, subdivision 1, paragraph (p).

Subp. 5. Coding and payment for multiple surgeries and procedures.

Part 5221.4020, subpart 2a, item S, and column S in the tables incorporated by reference in part 5221.4005, subpart 1, item A, describe codes subject to the multiple procedures payment restrictions. Multiple surgeries are separate surgeries performed by a single physician on the same patient at the same operative session or on the same day for which separate payment may be allowed.

A. The coding requirements in subitems (1) and (2) apply to multiple surgeries that have an indicator of 2 or 3 in column S by the same physician on the same day as specified in items D and E:

B. There may be instances in which two or more physicians each perform distinctly different, unrelated surgeries on the same patient on the same day, for example, in some multiple trauma cases. When this occurs, CPT modifier 51 is not used and the multiple procedure payment reductions do not apply unless one of the surgeons individually performs multiple surgeries.

C. If any of the multiple surgeries are bilateral or cosurgeries, first determine the allowed amount for the procedure as specified in subpart 6 or 8, next rank this amount with the remaining procedures, and finally, apply the appropriate multiple surgery payment reductions as specified in items D and E.

D. For procedures with an indicator of 2 in column S, if the procedures are reported on the same day as another procedure with an indicator of 2, the maximum fee for the procedure with the highest amount calculated under part 5221.4020, subpart 1b, is paid at 100 percent of the amount calculated, and the maximum fee for each additional procedure with an indicator of 2 is paid at 50 percent of the amount calculated under part 5221.4020, subpart 1b.

E. For procedures with an indicator of 3 in column S, the multiple endoscopy payment rules apply if the procedure is billed with another endoscopy with the same base code. Column X lists the endoscopic base code for each code in column A with a multiple surgery indicator of 3. For purposes of this item, the term "endoscopy" also includes arthroscopy procedures. If an endoscopy procedure is performed on the same day as another endoscopy procedure within the same base code, the maximum fee for the procedure with the highest amount calculated under part 5221.4020, subpart 1b, is 100 percent of the amount calculated. The maximum fee for every other procedure with the same base code is reduced by the amount calculated under part 5221.4020, subpart 1b, for the endobase code in column X. No separate payment is made for the endobase procedure when other endoscopy procedures with the same base code are performed on the same day.

F. For diagnostic imaging procedures with an indicator of 4 in column S, special rules for the technical component (TC) and professional component (PC) of diagnostic imaging procedures apply if the procedure is billed with another diagnostic imaging procedure with indicator 88 in column AB. If the procedure is furnished by the same provider, or different providers in the same group practice, to the same patient in the same session on the same day as another procedure with indicator 88, the procedures must be ranked according to the maximum fee for the technical component and professional component, calculated according to the formula in part 5221.4020, subpart 1b. The technical component with the highest maximum fee is paid at 100 percent, and the technical component of each subsequent procedure is paid at 50 percent. The professional component with the highest maximum fee is paid at 100 percent, and the professional component of each subsequent procedure is paid at 95 percent. For example (for illustrative purposes):

G. For procedures with an indicator of 5 in column S that are not also listed in part 5221.4050, subpart 2d, or 5221.4060, subpart 2d, the rules in subitems (1) to (4) apply to establish the maximum fee according to the formula in part 5221.4020, subpart 1b.

H. For diagnostic cardiovascular services with an indicator of 6 in column S, the procedures must be ranked according to the maximum fee for the technical component (TC) calculated according to the formula in part 5221.4020, subpart 1b. Full payment is made for the TC service with the highest payment. Payment is made at 75 percent for subsequent TC services furnished by the same provider, or by multiple providers in the same group practice, to the same patient on the same day. There is no reduction for the professional component (26). For example (for illustrative purposes):

I. For diagnostic ophthalmology services with an indicator of 7 in column S, the procedures must be ranked according to the maximum fee for the technical component (TC) calculated according to the formula in part 5221.4020, subpart 1b. Full payment is made for the TC service with the highest payment. Payment is made at 80 percent for subsequent TC services furnished by the same provider, or by multiple providers in the same group practice, to the same patient on the same day. There is no reduction for the professional component (26). For example (for illustrative purposes):

J. For procedures with an indicator of 0 or 9, no payment rules for multiple or endoscopy procedures apply.

Subp. 6. Coding and payment for bilateral surgeries and procedures.

Part 5221.4020, subpart 2a, item T, and column T in the tables incorporated by reference in part 5221.4005, subpart 1, describe codes subject to the bilateral procedures payment restrictions. Bilateral surgeries are procedures performed on both sides of the body during the same operative session or on the same day.

A. For procedures with an indicator of 0, 3, or 9 in column T, no bilateral payment provisions apply. For procedures with an indicator of 0, the 150 percent bilateral adjustment in item B is inappropriate because of physiology or anatomy or because the code description specifically states that it is a unilateral procedure and there is an existing code for the bilateral procedure. If the procedure is reported with modifier 50, or with modifiers RT and LT, the maximum fee for both sides is the fee calculated according to part 5221.4020, subpart 1b, for a single code. If the provider or payer reassigns a correct code for a bilateral procedure the maximum fee is the amount calculated according to part 5221.4020, subpart 1b, for the correct code and corresponding indicator. Services with an indicator of 3 are generally radiology procedures or other diagnostic tests that are not subject to bilateral payment adjustments. If the procedure is reported with modifier 50 or is reported for both sides on the same day by any other means, such as with RT and LT modifiers or with a 2 in the units field, the maximum fee for each side is the amount calculated according to the formula in part 5221.4020, subpart 1b, for each side. If the procedure is reported as a bilateral procedure and with other procedure codes on the same day, determine the maximum fee for the bilateral procedure before applying any multiple procedure rules as specified in subpart 5, item C. For procedures with an indicator of 9, the concept of bilateral surgeries does not apply.

B. For procedures with an indicator of 1 in column T, if the code is billed with modifier 50 or is reported twice on the same day by any other means, such as with RT and LT modifiers or with a 2 in the units field, the maximum fee is 150 percent of the amount calculated according to the formula in part 5221.4020, subpart 1b, for a single code. The bilateral adjustment is applied before any multiple procedure rules as specified in subpart 5, item C.

C. For procedures with an indicator of 2, no further bilateral adjustments apply because the RVUs are already based on the procedure being performed as a bilateral procedure. If the procedure is reported with modifier 50 or is reported twice on the same day by any other means, such as with RT and LT modifiers or with a 2 in the units field, the maximum fee for both sides is the amount calculated according to part 5221.4020, subpart 1b, for a single code.

Subp. 7. Coding and payment for assistant-at-surgery.

Part 5221.4020, subpart 2a, item U, and column U in the tables incorporated by reference in part 5221.4005, subpart 1, describe codes subject to the assistant-at-surgery payment restrictions. An assistant-at-surgery must use the appropriate CPT or HCPCS modifier in accordance with their provider type. Payment for a physician assistant-at-surgery is not allowed when payment is made for cosurgeons or team surgeons for the same procedures. For procedures with an indicator of 0 (where medical necessity is established) or 2 in column U the maximum fee for an assistant-at-surgery is as follows:

A. For a physician who is an assistant-at-surgery, 16 percent of the global surgery fee is paid. This is paid in addition to the global fee paid to the surgeon.

B. If the assistant surgery service is performed by a provider who is not a physician, but who has advanced training to act as an assistant-at-surgery consistent with their scope of practice, 13.6 percent of the global surgery fee is paid. This is paid in addition to the global fee paid to the surgeon.

Subp. 8. Coding and payment for cosurgeons.

Part 5221.4020, subpart 2a, item V, and column V in the tables incorporated by reference in part 5221.4005, subpart 1, describe codes subject to the cosurgeon's payment adjustments. Under some circumstances, the individual skills of two or more surgeons are required to perform surgery on the same patient during the same operative session. This may be required because of the complex nature of the procedures or the patient's condition. It is cosurgery if two surgeons, each in a different specialty, are required to perform a specific procedure, for example, heart transplant. Cosurgery also refers to surgical procedures involving two surgeons performing the parts of the procedure simultaneously, for example, bilateral knee replacement. In these cases, the additional physicians are not acting as assistants-at-surgery.

A. If cosurgeons are required to do a procedure, each surgeon codes for the procedure with CPT modifier 62 which indicate two surgeons.

B. For procedures with an indicator of 1, where necessity of cosurgeons is established, or 2 in column V, the amount paid for the procedure is 125 percent of the global fee, divided equally between the two surgeons. If the cosurgeons have agreed to a different payment distribution, payments will be made accordingly, if the agreed-upon distribution is documented and explained on the bill for the procedure, and is not prohibited by Minnesota Statutes, section 147.091, subdivision 1, paragraph (p).

C. For procedures with an indicator of 0 or 9 in column V, either cosurgeons are not allowed or the concept of cosurgery does not apply and cosurgery fee adjustments do not apply.

D. If surgeons of different specialties are each performing a distinctly different procedure with specific CPT codes, cosurgery fee adjustments do not apply even if the procedures are performed through the same incision. If one of the surgeons performs multiple procedures, the multiple procedure rules in subpart 5 apply to that surgeon's services.

Subp. 9. Coding and payment for team surgery.

Part 5221.4020, subpart 2a, item W, and column W in the tables incorporated by reference in part 5221.4005, subpart 1, govern application of the team surgery concept.

A. If a team of surgeons, that is, more than two surgeons of different specialties, is required to perform a specific procedure, each surgeon bills for the procedure with the CPT modifier 66 which indicates a surgical team.

B. For procedures with an indicator of 1, where necessity of a team is established, or 2 in column W, the amount paid for the procedure is limited by part 5221.0500, subpart 2, items B to F, and Minnesota Statutes, section 176.136, subdivision 1b.

C. For procedures with an indicator of 0 or 9 in column W, either team surgery is not allowed or the concept of team surgery does not apply.

Subp. 10. Unbundling surgical services.

Where several component services which have different CPT codes may be described in one more comprehensive CPT code, only the single CPT code most accurately and comprehensively describing the procedure performed or service rendered may be reported. Intraoperative services, incidental surgeries, or components of more major surgeries are not separately billable or payable.

For example, an anterior arthrodesis of the lumbar spine using the anterior interbody technique may be performed by two surgeons. One of the surgeons may perform opening or the approach for the anterior arthrodesis while a different surgeon performs the arthrodesis. In this instance, the surgeons are acting as cosurgeons performing different components of a major surgery. The opening or approach is not a separately billable or payable procedure. Both surgeons must code this service using the anterior arthrodesis code and are paid for the procedure as cosurgeons as specified in subpart 8.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 176.135; 176.1351; 176.136; 176.83
History: 25 SR 1142; 35 SR 227; 38 SR 306; 40 SR 328; 41 SR 385; 41 SR 1127; 44 SR 412; 47 SR 253

Minn. R. 5221.4040 Pathology and Laboratory Procedure Codes

Subpart 1. Key to abbreviations and terms.

For descriptions of columns, abbreviations, and terms, see part 5221.4020, subpart 2a.

Subp. 2a.

[Repealed, 25 SR 1142]

Subp. 2b.

[Repealed, 30 SR 291]

Subp. 2c.

[Repealed, 35 SR 227]

Subp. 3. List of pathology and laboratory codes.

The pathology and laboratory conversion factor in part 5221.4020, subpart 1b, item B, applies to the health care providers listed in part 5221.0700, subpart 3, item C, subitem (3), when they provide the services, articles, or supplies identified by procedure codes 80000 through 89999 in the Medicare Physician Fee Schedule tables described in part 5221.4005.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 20 SR 1163; 25 SR 1142; 30 SR 291; 35 SR 227

Minn. R. 5221.4041 [Repealed, 35 SR 227]

[Repealed, 35 SR 227]

Minn. R. 5221.4050 Physical Medicine and Rehabilitation Procedure Codes

Subpart 1. Key to abbreviations and terms.

For descriptions of columns, abbreviations, and terms, see part 5221.4020, subpart 2a.

Subp. 2a.

[Repealed, 25 SR 1142]

Subp. 2b.

[Repealed, 30 SR 291]

Subp. 2c.

[Repealed, 35 SR 227]

Subp. 2d. List of physical medicine and rehabilitation procedure codes.

The physical medicine and rehabilitation conversion factor in part 5221.4020, subpart 1b, item B, applies to the health care providers listed in part 5221.0700, subpart 3, item C, subitem (4), when they provide, within their scope of practice, the services, articles, or supplies identified by any of the following procedure codes in the Medicare Physician Fee Schedule tables described in part 5221.4005:

A. physical medicine and rehabilitation procedure codes from 97010 to 97799, 97810 to 97814, 98960 to 98981, and V5336 to V5364; and

B. procedure codes 95992, 99199, and G0283.

Subp. 3. Additional payment instructions.

The instructions and examples in items A to D are in addition to CPT code descriptions found in the CPT manual. Additional instructions include both general instructions for a group of codes as well as specific instructions for an individual specific code.

A. Supervised modalities.

B. Constant attendance modalities.

C. Additional specific instructions for therapeutic procedure codes 97110 to 97546.

D. Additional specific instructions and examples for other physical medicine activities.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 20 SR 858; 25 SR 1142; 30 SR 291; 35 SR 227; 38 SR 306; 41 SR 385; 41 SR 1127; 44 SR 412; 47 SR 253; 50 SR 287

Minn. R. 5221.4051 Fee Adjustments for Physical Medicine and Rehabilitation Services

Subpart 1. Multiple procedure payment reduction.

For procedures identified in part 5221.4050, subpart 2d, with indicator 5 in column S, the rules in items A to D apply to establish the maximum fee according to the formula in part 5221.4020, subpart 1b.

A. When more than one unit or procedure with an indicator of 5 is provided to the same patient on the same day, full payment is made for the unit or procedure with the highest practice expense (PE) relative value unit (RVU).

B. For subsequent units and procedures furnished to the same patient on the same day, full payment is made for the work and malpractice expense RVUs and 50 percent payment is made for the PE RVU.

C. For therapy services furnished by a provider, a group practice, or incident to a provider's service, the reduction described in this part applies to all services furnished to a patient on the same day, regardless of whether the services are provided in one therapy discipline or multiple disciplines, such as physical therapy, occupational therapy, or speech-language pathology, and regardless of the type of provider or supplier.

D. For example, for illustrative purposes only; example does not reflect actual maximum fee:

Subp. 2. Electrical stimulation.

For purposes of the workers' compensation fee schedule, CPT code 97014, electrical stimulation therapy, is subject to the multiple procedure payment reduction provided in subpart 1. Indicator 9 in column S of the RVU table does not apply to CPT code 97014.

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 25 SR 1142; 35 SR 227; 38 SR 306; 41 SR 385

Minn. R. 5221.4060 Chiropractic Procedure Codes

Subpart 1. Key to abbreviations and terms.

For descriptions of columns, abbreviations, and terms, see part 5221.4020, subpart 2a.

Subp. 2a.

[Repealed, 25 SR 1142]

Subp. 2b.

[Repealed, 30 SR 291]

Subp. 2c.

[Repealed, 35 SR 227]

Subp. 2d. List of chiropractic procedure codes.

The chiropractic conversion factor in part 5221.4020, subpart 1b, item B, applies to the health care providers listed in part 5221.0700, subpart 3, item C, subitem (5), when they provide, within their scope of practice, services, articles, or supplies identified by any of the following procedure codes in the Medicare Physician Fee Schedule tables described in part 5221.4005:

A. radiologic examination procedure codes from 72020 to 73660;

B. pathology and laboratory procedure codes 81000 and 81002;

C. physical medicine and rehabilitation procedure codes from 97010 to 97150 and 97530 to 97799;

D. chiropractic manipulative treatment procedure codes 98940, 98941, 98942, and 98943;

E. evaluation and management service procedure codes 99202, 99203, 99211, 99212, and 99213;

F. procedure codes 99199 and G0283; and

G. acupuncture codes 97810 to 97814.

Subp. 3. Select chiropractic procedure code descriptions, instructions, and examples.

The following instructions and examples are in addition to CPT code descriptions found in the CPT manual. Additional instructions include both general instructions for a group of codes as well as specific instructions for an individual specific code.

A. Supervised modalities.

B. Constant attendance modalities.

C. Additional specific instructions for therapeutic procedure codes 97110 to 97546.

D. Additional specific instructions and examples for other physical medicine activities.

Subp. 4. Evaluation and management services coding and reporting.

A. Evaluation and management services may be coded and paid separately from the chiropractic manipulative therapy services described by CPT codes 98940 to 98943 only if the condition requires a significant, separately identifiable evaluation and management service above and beyond the usual preservice, intraservice, and postservice work associated with the manipulative procedure, as described in subitems (1) to (3). When performing the evaluation and management service on the same day as a spinal or extraspinal manipulation, the evaluation and management code must be coded using the CPT modifier 25.

B. Circumstances in which a separate evaluation and management service is appropriate under item A include the following:

C. A reexamination in the following circumstances may be coded and paid as a separate evaluation and management service if the reexamination is above and beyond the usual preservice, intraservice, and postservice work associated with the manipulative procedure as described in item A, subitems (1) to (3):

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 20 SR 530; 22 SR 500; 25 SR 1142; 30 SR 291; 35 SR 227; 38 SR 306; 41 SR 385; 41 SR 1127; 44 SR 412; 47 SR 253; 50 SR 287

Minn. R. 5221.4061 Fee Adjustments for Chiropractic Services

Subpart 1. Multiple procedure payment reduction.

For procedures identified in part 5221.4060, subpart 2d, with indicator 5 in column S, the rules in items A to D apply to establish the maximum fee according to the formula in part 5221.4020, subpart 1b.

B. For subsequent units and procedures furnished to the same patient on the same day, full payment is made for the work and malpractice expense RVUs and 50 percent payment is made for the PE RVU.

D. For example, for illustrative purposes only; example does not reflect actual maximum fee:

Subp. 1a. Electrical stimulation.

Subp. 2. Extraspinal code.

If the extraspinal code (98943) is used in conjunction with any of the spinal chiropractic manipulative treatment (CMT) codes (98940 to 98942) on the same day, the extraspinal code must be coded with CPT modifier 51. The CPT modifier 51 reduces the RVU of 98943 when used in conjunction with any of the CMT codes (98940 to 98942) on the same day by 50 percent.

Subp. 3. Diagnostic imaging procedures.

For diagnostic imaging procedures with an indicator of 4 in column S, special rules for the technical component and professional component (PC) apply if the procedure is billed with another diagnostic imaging procedure with indicator 88 in column AB. If the procedure is furnished by the same provider, or different providers in the same group practice, to the same patient in the same session on the same day as another procedure with indicator 88, the procedures must be ranked according to the maximum fee for the technical component and professional component, calculated according to the formula in part 5221.4020, subpart 1b. The technical component with the highest maximum fee is paid at 100 percent, and the technical component of each subsequent procedure is paid at 50 percent. The professional component with the highest maximum fee is paid at 100 percent, and the professional component of each subsequent procedure is paid at 95 percent. For example (for illustrative purposes):

History

Statutory Authority: MS s 14.38; 14.386; 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 25 SR 1142; 35 SR 227; 38 SR 306; 41 SR 385; 44 SR 412

Minn. R. 5221.4062 [Repealed, 35 SR 227]

[Repealed, 35 SR 227]

Minn. R. 5221.4070 Pharmacy

Subpart 1. Substitution of generically equivalent drugs.

A generically equivalent drug must be dispensed according to Minnesota Statutes, section 151.21.

Subp. 1a. Definitions.

The terms in this part have the following meanings.

A. "Community/outpatient pharmacy" has the meaning given in part 6800.0100, subpart 2.

B. "Dispense" has the meaning given in Minnesota Statutes, section 151.01.

C. "Drug" has the meaning given in Minnesota Statutes, section 151.01.

D. "Hospital pharmacy" has the meaning given in Minnesota Rules, part 6800.0100, subpart 3.

E. "Pharmacy" has the meaning given in Minnesota Statutes, section 151.01, and includes:

F. "Practitioner" has the meaning given in Minnesota Statutes, section 151.01, and includes persons or entities that the practitioner has designated by contract or other means to act on its behalf to submit its charges to the workers' compensation payer.

G. "Usual and customary charge" has the meaning given in part 5221.0500, subparts 1, item B, and 2, item B, subitem (1).

H. "Workers' compensation payer" or "payer" means any of the following entities:

Subp. 2. Procedure code; usual and customary charge.

A. Providers must use the procedure codes in the National Drug Code Directory maintained and published by the federal Department of Health and Human Services, United States Food and Drug Administration. Procedure codes are not required for over-the-counter drugs.

B. An entity that is designated by the pharmacy or practitioner to submit its charges for a drug to the workers' compensation payer shall not submit a charge that is more than the pharmacy's or practitioner's usual and customary charge for the drug at the time it is dispensed.

Subp. 3. Maximum fee.

A. Except as provided in subparts 4 and 5 and Minnesota Statutes, section 176.136, subdivision 1b, the workers' compensation payer's liability for compensable prescription drugs dispensed for outpatient use by a hospital pharmacy, practitioner, or community/outpatient pharmacy shall be limited to the lower of:

B. Except as provided in subparts 4 and 5 and Minnesota Statutes, section 176.136, subdivision 1b, the workers' compensation payer's liability for compensable over-the-counter drugs dispensed for outpatient use by a hospital pharmacy, practitioner, or community/outpatient pharmacy shall be, on the date the drug was dispensed, the lower of:

C. Except as provided in subpart 5, the workers' compensation payer's liability for compensable prescription drugs provided to an inpatient by a hospital is governed by Minnesota Statutes, sections 176.136, subdivision 1b, and 176.1362. The maximum fee for drugs dispensed for use at home, to an inpatient being discharged, is governed by item A or B, or subpart 4, as applicable.

Subp. 4. Maximum fee for electronic transactions.

A. The maximum fee specified in this item applies only if the requirements of item B or D are met. Except as provided in subpart 5, the workers' compensation payer's liability under items B and D for compensable drugs dispensed for outpatient use by a large hospital pharmacy, a practitioner, or a community/outpatient pharmacy shall be, on the date the drug was dispensed, the lower of:

B. The maximum fee specified in item A applies if:

C. If the workers' compensation payer authorizes payment of a drug claim under item B, subitem (2), the payer may not later deny or adjust payment of the claim that was specified in the transaction. If the payer does not authorize payment under item B, subitem (2), but later pays for the drug, the maximum fee specified in subpart 3 applies.

D. If the requirements in item B have not been met, the maximum fee specified in item A also applies if all of the following requirements are met:

E. The pharmacy or practitioner must transmit reversal transactions electronically for all drugs originally billed electronically to the payer that are not picked up for the employee. Upon receipt of a reversal transaction for a previously approved billing, the payer must be able to cancel the billing if it has not yet been paid or deduct the value of the reversed billing from the next payment to the pharmacy or practitioner if the claim has already been paid. The payer may only deduct the amount of the original payment for the drug. If there is no future payment anticipated, the pharmacy or practitioner must refund the amount to the payer.

Subp. 5. Other contracts.

Subparts 3 and 4 do not apply where a contract between a pharmacy, practitioner, or network of pharmacies or practitioners, and a workers' compensation payer provides for a different reimbursement amount.

History

Statutory Authority: MS s 14.388; 175.171; 176.101; 176.135; 176.1351; 176.136; 176.231; 176.83
History: 18 SR 1472; 25 SR 1142; 30 SR 1053; 41 SR 1127

Minn. R. 5221.6010 Authority

Parts 5221.6010 to 5221.8900 are adopted under the authority of Minnesota Statutes, sections 176.83, subdivisions 1, 3, 4, and 5, and 176.103, subdivision 2.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412

Minn. R. 5221.6020 Purpose and Application

Subpart 1. Purpose.

Parts 5221.6010 to 5221.6600 establish parameters for reasonably required treatment of employees with compensable workers' compensation injuries to prevent excessive services under Minnesota Statutes, sections 176.135 and 176.136, subdivision 2. Parts 5221.6010 to 5221.6600 do not affect any determination of liability for an injury under Minnesota Statutes, chapter 176, and are not intended to expand or restrict a health care provider's scope of practice under any other statute.

Subp. 2. Application.

All treatment must be medically necessary as defined in part 5221.6040, subpart 10. In the absence of a specific parameter, any applicable general parameters govern. A departure from a parameter that limits the duration or type of treatment may be appropriate in any one of the circumstances specified in part 5221.6050, subpart 8. Parts 5221.6010 to 5221.6600 apply to all treatment provided after January 4, 1995, regardless of the date of injury. All limitations on the duration of a specific treatment modality or type of modality begin with the first time the modality is initiated after January 4, 1995. However, consideration may be given to treatment initiated under the emergency rules (parts 5221.6050 to 5221.6500 [Emergency]). Parts 5221.6010 to 5221.6600 do not apply to treatment of an injury after an insurer has denied liability for the injury. However, in such cases the rules do apply to treatment initiated after liability has been established. References to days and weeks in parts 5221.6050 to 5221.6600 mean calendar days and weeks unless specified otherwise.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412

Minn. R. 5221.6030 Incorporation by Reference

See part 5221.0405 for incorporation by reference of documents related to the International Classification of Diseases (ICD-9-CM and ICD-10-CM) diagnostic codes.

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; L 2002 c 277 s 32; 40 SR 328

Minn. R. 5221.6040 Definitions

Subpart 1. Scope.

The terms used in parts 5221.6010 to 5221.6600 have the meanings given them in this part.

Subp. 2. Active treatment.

"Active treatment" means treatment specified in parts 5221.6200, subpart 4; 5221.6205, subpart 4; 5221.6210, subpart 4; 5221.6300, subpart 4; and 5221.6305, subpart 2, item C, which requires active patient participation in a therapeutic program to increase flexibility, strength, endurance, or awareness of proper body mechanics.

Subp. 3. Chronic pain syndrome.

"Chronic pain syndrome" means any set of verbal or nonverbal behaviors that:

A. involve the complaint of enduring pain;

B. differ significantly from the patient's preinjury behavior;

C. have not responded to previous appropriate treatment;

D. are not consistent with a known organic syndrome which has remained untreated; and

E. interfere with physical, psychological, social, or vocational functioning.

Subp. 4. Condition.

A patient's "condition" means the symptoms, physical signs, clinical findings, and functional status that characterize the complaint, illness, or injury related to a current claim for compensation.

Subp. 5. Emergency treatment.

"Emergency treatment" means treatment that is:

A. required for the immediate diagnosis and treatment of a medical condition that, if not immediately diagnosed and treated, could lead to serious physical or mental disability or death; or

B. immediately necessary to alleviate severe pain. Emergency treatment includes treatment delivered in response to symptoms that may or may not represent an actual emergency but that is necessary to determine whether an emergency exists.

Subp. 6. Etiology.

"Etiology" means the anatomic alteration, physiologic dysfunction, or other biological or psychological abnormality which is considered a cause of the patient's condition.

Subp. 7. Functional status.

"Functional status" means the ability of an individual to engage in activities of daily living and other social, recreational, and vocational activities.

Subp. 7a. Illegal substance.

"Illegal substance" means a drug or other substance that is illegal under state or federal controlled substances law, but does not include a patient's use of medical cannabis permitted under Minnesota Statutes, sections 152.22 to 152.37.

Subp. 8. Initial nonsurgical management or treatment.

"Initial nonsurgical management or treatment" is initial treatment provided after an injury that includes passive treatment, active treatment, injections, and durable medical equipment under parts 5221.6200, subparts 3, 4, 5, and 8; 5221.6205, subparts 3, 4, 5, and 8; 5221.6210, subparts 3, 4, 5, and 8; 5221.6300, subparts 3, 4, 5, and 8; and 5221.6305, subpart 2. Scheduled and nonscheduled medication may be a part of initial nonsurgical treatment. Initial nonsurgical management does not include surgery or chronic management modalities under part 5221.6600.

Subp. 8a. Intractable pain.

"Intractable pain" is as defined in Minnesota Statutes, section 152.125.

Subp. 8b. Medical contraindication.

"Medical contraindication" means a condition that makes the use of a particular treatment or medication inadvisable because of an increased risk of harm to the patient.

Subp. 9. Medical imaging procedures.

A "medical imaging procedure" is a technique, process, or technology used to create a visual image of the body or its function. Medical imaging includes, but is not limited to: X-rays, tomography, angiography, venography, myelography, computed tomography (CT) scanning, magnetic resonance imaging (MRI) scanning, ultrasound imaging, nuclear isotope imaging, PET scanning, and thermography.

Subp. 10. Medically necessary treatment.

"Medically necessary treatment" means those health services for a compensable injury that are reasonable and necessary for the diagnosis and cure or significant relief of a condition consistent with any applicable treatment parameter in parts 5221.6050 to 5221.6600. Where parts 5221.6050 to 5221.6600 do not govern, the treatment must be reasonable and necessary for the diagnosis or cure and significant relief of a condition consistent with the current accepted standards of practice within the scope of the provider's license or certification.

Subp. 10a. Modality.

A "modality" is the application or use of a therapeutic agent or regimen. Examples include the active treatment modalities described in subpart 2, the passive treatment modalities described in subpart 12, and the injection modalities described in subpart 13.

Subp. 10b. Morphine-equivalent milligrams.

For purposes of part 5221.6110, subpart 8, morphine-equivalent milligrams shall be determined using the following conversions. Morphine 30 milligrams orally is equivalent to:

A. codeine 200 milligrams oral;

B. fentanyl transdermal 12.5 mcg/hr;

C. hydrocodone 30 milligrams oral;

D. hydromorphone 7.5 milligrams oral;

E. levorphanol 4 milligrams oral;

F. oxycodone 20 milligrams oral; and

G. oxymorphone 10 milligrams oral.

Subp. 11. Neurologic deficit.

"Neurologic deficit" means a loss of function secondary to involvement of the central or peripheral nervous system. This may include, but is not limited to, motor loss; spasticity; loss of reflex; radicular or anatomic sensory loss; loss of bowel, bladder, or erectile function; impairment of special senses, including vision, hearing, taste, or smell; or deficits in cognitive or memory function.

A. "Static neurologic deficit" means any neurologic deficit that has remained the same by history or noted by repeated examination since onset.

B. "Progressive neurologic deficit" means any neurologic deficit that has become worse by history or noted by repeated examination since onset.

Subp. 11a. Pain medicine specialist.

A "pain medicine specialist" is a health care provider with at least five years of experience in the assessment and treatment of chronic complex pain problems for more than one patient; or who has completed fellowship training in pain management.

Subp. 12. Passive treatment.

"Passive treatment" is any treatment modality specified in parts 5221.6200, subpart 3; 5221.6205, subpart 3; 5221.6210, subpart 3; 5221.6300, subpart 3; and 5221.6305, subpart 2, item B. Passive treatment modalities include bedrest; thermal treatment; traction; acupuncture; electrical muscle stimulation; braces; manual and mechanical therapy; massage; and adjustments.

Subp. 13. Therapeutic injection.

"Therapeutic injection" is any injection modality specified in parts 5221.6200, subpart 5; 5221.6205, subpart 5; 5221.6210, subpart 5; 5221.6300, subpart 5; and 5221.6305, subpart 2, item A. Therapeutic injections include trigger point injections, sacroiliac injections, facet joint injections, facet nerve blocks, nerve root blocks, epidural injections, soft tissue injections, peripheral nerve blocks, injections for peripheral nerve entrapment, and sympathetic blocks.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412; 35 SR 138; 40 SR 5

Minn. R. 5221.6050 General Treatment Parameters; Excessive Treatment; Prior Notification

Subpart 1. General.

A. All treatment must be medically necessary treatment, as defined in part 5221.6040, subpart 10. The health care provider must evaluate the medical necessity of all treatment under item B on an ongoing basis. Parts 5221.6050 to 5221.6600 do not require or permit any more frequent examinations than would normally be required for the condition being treated, but do require ongoing evaluation of the patient that is medically necessary, consistent with accepted medical practice.

B. The health care provider must evaluate at each visit whether initial nonsurgical treatment for the low back, cervical, thoracic, upper extremity, complex regional pain syndrome, reflex sympathetic dystrophy, causalgia, and cognate conditions specified in parts 5221.6200, 5221.6205, 5221.6210, 5221.6300, and 5221.6305, is effective according to subitems (1) to (3). No later than any applicable treatment response time in parts 5221.6200 to 5221.6305, the health care provider must evaluate whether the passive, active, injection, or medication treatment modality is resulting in progressive improvement as specified in subitems (1) to (3):

C. The health care provider must use the least intensive setting appropriate and must assist the employee in becoming independent in the employee's own care to the extent possible so that prolonged or repeated use of health care providers and medical facilities is minimized.

Subp. 2. Documentation.

A health care provider must maintain an appropriate record, as defined in part 5221.0100, subpart 1a, of any treatment provided to a patient.

Subp. 3. Nonoperative treatment.

Health care providers shall provide a trial of nonoperative treatment before offering or performing surgical treatment unless the treatment for the condition requires immediate surgery, unless an emergency situation exists, or unless the accepted standard of initial treatment for the condition is surgery.

Subp. 4. Chemical dependency.

The health care provider shall maintain diligence to detect incipient or actual chemical dependency to any medication prescribed for treatment of the employee's condition. In cases of incipient or actual dependency, the health care provider shall refer the employee for appropriate evaluation and treatment of the dependency.

Subp. 5. Referrals between health care providers.

The primary health care provider directing the course of treatment shall make timely and appropriate referrals for consultation for opinion or for the transfer of care if the primary health care provider does not have any reasonable alternative treatment to offer and there is a reasonable likelihood that the consultant may offer or recommend a reasonable alternative treatment plan. This subpart does not prohibit a referral for consultation in other circumstances based on accepted medical practice and the patient's condition.

A. Referrals from consulting health care provider. If the consultant has reasonable belief that another consultation is appropriate, that consultant must coordinate further referral with the original treating health care provider unless the consultant has been approved as the employee's treating health care provider. The consultant is under no obligation to provide or recommend treatment or further referral, if in the consultant's opinion, all reasonable and necessary treatment has been rendered. The consultant shall in this situation refer the employee back to the original treating health care provider for further follow-up.

B. Information sent to consultant. When a referring health care provider arranges for consultation or transfer of care, except in cases of emergency, the referring health care provider shall, with patient authorization, summarize for the consultant orally or in writing the conditions of injury, the working diagnosis, the treatment to date, the patient's response to treatment, all relevant laboratory and medical imaging studies, return to work considerations, and any other information relevant to the consultation. In addition, the referring health care provider shall make available to the consultant, with patient authorization, a copy of all medical records relevant to the employee's injury.

Subp. 6. Communication between health care providers and consideration of prior care.

A. Information requested by new health care provider. Upon accepting for treatment a patient with a workers' compensation injury, the health care provider shall ask the patient if treatment has been previously given for the injury by another health care provider. If the patient reports that treatment has been previously given for the injury by another health care provider and if the medical records for the injury have not been transferred, the new health care provider shall request authorization from the employee for relevant medical records. Upon receipt of the employee authorization, the new health care provider shall request relevant medical records from the previous health care providers. Upon receipt of the request for medical records and employee authorization, the previous health care providers shall provide the records within seven working days.

B. Treatment by prior health care provider. If the employee has reported that care for an injury has been previously given:

C. Employee refusal. An employee's refusal to provide authorization for release of medical records does not justify repeat treatment or diagnostic testing. An insurer is not liable for repeat diagnostic testing or other duplicative treatment prohibited by this subpart.

Subp. 7. Determinations of excessive treatment; notice of denial to health care providers and employee; expedited processing of medical requests.

A. In addition to services deemed excessive under part 5221.0500 and Minnesota Statutes, section 176.136, subdivision 2, treatment is excessive if:

B. If the insurer denies payment for treatment that departs from a parameter under parts 5221.6050 to 5221.6600, the insurer must provide the employee and health care provider with written notice of the reason for the denial and that the treatment rules permit departure from the parameters in specified circumstances. If the insurer denies authorization for proposed treatment after prior notification has been given under subpart 9, the insurer must provide the employee and health care provider in writing with notice of the reason why the information given by the health care provider does not support the proposed treatment and notice of the right to review of the denial under subpart 9, item C. The insurer may not deny payment for a program of chronic management that the insurer has previously authorized for an employee, either in writing or by routine payment for services, without providing the employee and the employee's health care provider with at least 30 days' notice of intent to apply any of the chronic management parameters in part 5221.6600 to future treatment. The notice must include the specific parameters that will be applied in future determinations of compensability by the insurer.

C. If the insurer denies authorization or payment for treatment governed by parts 5221.6050 to 5221.6600, the health care provider or the employee may request a determination from the commissioner or compensation judge by filing a medical request or petition under chapter 5220 and Minnesota Statutes, sections 176.106 and 176.305. The medical request may not be filed before completion of the managed care plan's dispute resolution process, if applicable. If the health care provider has notified the insurer of proposed treatment requiring prior notification under subpart 9, the health care provider or employee must describe or attach a copy of the notification, and any response from the insurer, to the medical request filed with the department. The insurer may, but is not required to, file a medical response where the insurer's response to prior notification under subpart 9 has been attached to the medical request. If the insurer elects to file a medical response in such cases, it must be received within ten working days of the date the medical request was filed with the department. The commissioner or compensation judge may issue a decision based on written submissions no earlier than ten working days after receipt of the medical request, unless a medical response has been filed sooner.

D. A determination of the compensability of medical treatment under Minnesota Statutes, chapter 176, must include consideration of the following factors:

Subp. 8. Departures from parameters.

A departure from a parameter that limits the duration or type of treatment in parts 5221.6050 to 5221.6600 may be appropriate in any one of the circumstances specified in items A to E. The health care provider must provide prior notification of the departure as required by subpart 9.

A. Where there is a documented medical complication.

B. Where previous treatment did not meet the accepted standard of practice and the requirements of parts 5221.6050 to 5221.6600 for the health care provider who ordered the treatment.

C. Where the treatment is necessary to assist the employee in the initial return to work where the employee's work activities place stress on the part of the body affected by the work injury. The health care provider must document in the medical record the specific work activities that place stress on the affected body part, the details of the treatment plan and treatment delivered on each visit, the employee's response to the treatment, and efforts to promote employee independence in the employee's own care to the extent possible so that prolonged or repeated use of health care providers and medical facilities is minimized.

D. Where the treatment continues to meet two of the following three criteria, as documented in the medical record:

E. Where there is an incapacitating exacerbation of the employee's condition. However, additional treatment for the incapacitating exacerbation may not exceed, and must comply with, the parameters in parts 5221.6050 to 5221.6600.

Subp. 9. Prior notification; health care provider and insurer responsibilities.

Prior notification is the responsibility of the health care provider who wants to provide the treatment in item A. Prior notification need not be given in any case where emergency treatment is required.

A. The health care provider must notify the insurer of proposed treatment in subitems (1) to (4) at least seven working days before the treatment is initiated, except as otherwise provided in subitem (4):

B. The health care provider's prior notification required by item A may be made orally, or in writing, and shall provide the following information, when relevant:

C. The insurer must provide a toll-free facsimile and telephone number for health care providers to provide prior notification. The insurer must respond orally or in writing to the requesting health care provider's prior notification of proposed treatment in item A within seven working days of receipt of the request. Within the seven days, the insurer must either approve the request, deny authorization, request additional information, request that the employee obtain a second opinion, or request an examination by the employer's physician. A denial must include notice to the employee and health care provider of the reason why the information given by the health care provider in item B does not support the treatment proposed, along with notice of the right to review of the denial under subitem (3).

Subp. 10. Certified managed care plans.

The insurer may delegate responsibility for the notices required in subpart 7, item B, and the response to prior notification under subpart 9, to the certified managed care plan with which the insurer has contracted to manage the employee's medical treatment under Minnesota Statutes, section 176.135, subdivision 1f. Alternatively, the managed care plan may act as an intermediary between the treating health care provider and the insurer. In either case, the notices and time periods in subparts 7, 8, and 9 also apply to the managed care plan. Where the insurer has delegated responsibility to the managed care plan, the insurer may not later deny treatment authorized by the plan.

Subp. 11. Outcome studies.

The commissioner shall perform outcome studies on the treatment modalities in parts 5221.6200 to 5221.6600. The modalities to be studied shall be selected in consultation with the Workers' Compensation Medical Services Review Board. The commissioner may require health care providers who use these modalities to prospectively gather and report outcome information on patients treated, with necessary consent of the employee. The health care providers shall report the outcome information on the modalities in parts 5221.6200 to 5221.6600 on a form prescribed by the commissioner, which may include:

A. the name of the health care provider;

B. the name of the patient, date of injury, date of birth, gender, and, with patient permission, level of education and social security number;

C. the name of the workers' compensation insurer and managed care plan, if any;

D. the pretreatment and posttreatment employment status;

E. the nature of treatment given before and after the treatment being studied for the same condition;

F. the diagnosis, symptoms, physical findings, and functional status before and after the treatment being studied for the same condition; and

G. the presence or absence of preexisting or concurrent conditions.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412; 35 SR 138; L 2014 c 182 c 8; L 2016 c 119 s 7; 44 SR 1266

Minn. R. 5221.6100 Parameters for Medical Imaging

Subpart 1. General principles.

All medical imaging must comply with items A to E. Except for emergency evaluation of significant trauma, a health care provider must document in the medical record an appropriate history and physical examination, along with a review of any existing medical records and laboratory or imaging studies regarding the patient's condition, before ordering any imaging study.

A. Effective imaging. A health care provider should initially order the single most effective imaging study for diagnosing the suspected etiology of a patient's condition. No concurrent or additional imaging studies should be ordered until the results of the first study are known and reviewed by the treating health care provider. If the first imaging study is negative, no additional imaging is indicated except for repeat and alternative imaging allowed under items D and E.

B. Appropriate imaging. Imaging solely to rule out a diagnosis not seriously being considered as the etiology of the patient's condition is not indicated.

C. Routine imaging. Imaging on a routine basis is not indicated unless the information from the study is necessary to develop a treatment plan.

D. Repeat imaging. Repeat imaging, of the same views of the same body part with the same imaging modality is not indicated except as follows:

E. Alternative imaging.

Subp. 2. Specific imaging procedures for low back pain.

Except for the emergency evaluation of significant trauma, a health care provider must document in the medical record an appropriate history and physical examination, along with a review of any existing medical records and laboratory or imaging studies regarding the patient's condition, before ordering any imaging study of the low back.

A. Computed tomography (CT) scanning is indicated any time that one of the following conditions is met:

B. Magnetic resonance imaging (MRI) scanning is indicated any time that one of the following conditions is met:

C. Myelography is indicated in the following circumstances:

D. Computed tomography myelography is indicated in the following circumstances:

E. Intravenous enhanced CT scanning is indicated only if there has been previous surgery to the lumbar spine, and the imaging study is being used to differentiate scar due to previous surgery from disc herniation or tumor, but only if intrathecal contrast for CT-myelography is contraindicated and MRI scanning is not available or is also contraindicated.

F. Gadolinium enhanced MRI scanning is indicated when:

G. Discography is indicated when:

H. Computed tomography discography is indicated when:

I. Nuclear isotope imaging (including technicium, indium, and gallium scans) are not indicated unless tumor, stress fracture, infection, avascular necrosis, or inflammatory lesion is suspected on the basis of history, physical examination findings, laboratory studies, or the results of other imaging studies.

J. Thermography is not indicated for the diagnosis of any of the clinical categories of low back conditions in part 5221.6200, subpart 1, item A.

K. Anterior-posterior (AP) and lateral X-rays of the lumbosacral spine are limited by subitems (1) and (2).

L. Oblique X-rays of the lumbosacral spine are limited by subitems (1) and (2).

M. Electronic X-ray analysis of plain radiographs and diagnostic ultrasound of the lumbar spine are not indicated for diagnosis of any of the low back conditions in part 5221.6200, subpart 1, item A.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412; 35 SR 138

Minn. R. 5221.6105 Medications

Subpart 1. Scope.

Subparts 2 to 4 apply to use of medication in an outpatient setting. Subparts 2 to 4 do not require a health care provider to prescribe any class of drugs in the treatment of any patient.

Subp. 2. Nonsteroidal anti-inflammatory drugs (NSAIDs).

Nonsteroidal anti-inflammatory drugs (NSAIDs) are drugs with analgesic, antipyretic, and anti-inflammatory effects. The term "nonsteroidal" is used to distinguish these drugs from steroids. NSAIDs act as inhibitors of the enzyme cyclooxygenase. For the purposes of this subpart, NSAIDs include diflunisal but not other salicylates or acetaminophen. NSAIDs can be divided into two groups, nonselective NSAIDs and COX-2 inhibitors. Examples of nonselective NSAIDs include diclofenac, diflunisal, etodolac, fenoprofen, flurbiprofen, ibuprofen, indomethacin, ketoprofen, ketorolac, meclofenamate, mefenamic acid, meloxicam, nabumetone, naproxen, oxaprozin, piroxicam, sulindac, and tolmetin. An example of a COX-2 inhibitor is celecoxib.

A. NSAIDs are indicated for the symptomatic relief of acute and chronic musculoskeletal pain. NSAIDs must be prescribed at the lowest clinically effective dose, as determined by the prescribing health care provider, but not to exceed the manufacturer's maximum daily dosage.

B. When treating musculoskeletal pain, a generic nonselective NSAID is indicated unless a COX-2 inhibitor is indicated as specified in item C.

C. A COX-2 inhibitor may be indicated instead of a nonselective NSAID for:

D. NSAIDs are indicated only for the shortest duration needed as determined by the prescribing health care provider.

Subp. 3. Opioid analgesics.

An opioid is any agent that binds to opioid receptors. There are three broad classes of opioids: opium alkaloids, such as morphine and codeine; semisynthetic opioids such as heroin and oxycodone; and fully synthetic opioids such as meperidine and methadone. Opioid analgesics include codeine, hydrocodone, levorphanol, methadone, morphine, hydromorphone, and oxycodone.

A. Opioid analgesics are indicated for the symptomatic relief of acute and chronic pain that has been inadequately relieved by nonopioid medications. Opioid analgesics must be prescribed at the lowest clinically effective dose, as determined by the prescribing health care provider.

B. When treating pain, a generic oral opioid analgesic is indicated.

C. A course of oral opioid analgesics or combination of an oral opioid and a nonopioid analgesic is limited as provided in subitems (1) to (3).

D. Meperidine is not indicated in the treatment of acute or chronic pain.

E. Transcutaneous opioid analgesics are only indicated in patients with a documented disorder that prevents adequate oral dosing.

F. Oral transmucosal and buccal preparations are only indicated for the treatment of breakthrough pain and only in patients with a documented disorder that prevents adequate dosing with swallowed medications.

Subp. 4. Muscle relaxants.

A muscle relaxant is a drug which decreases the tone of a muscle. For the purposes of this subpart, muscle relaxants include carisoprodol, chlorzoxazone, cyclobenzaprine, metaxalone, methocarbamol, orphenadrine, and tizanidine. This subpart does not limit the use of medications that may be used to treat spasticity.

A. Muscle relaxants are indicated for the symptomatic relief of acute and chronic musculoskeletal pain. Muscle relaxants must be prescribed at the lowest clinically effective dose, as determined by the prescribing health care provider, but not to exceed the manufacturer's maximum daily dosage.

B. When treating musculoskeletal pain, a generic muscle relaxant is indicated.

C. A course of muscle relaxants or combination of a muscle relaxant and an analgesic is limited as provided in subitems (1) to (3).

D. Benzodiazepines are not indicated as muscle relaxants for the symptomatic relief of acute and chronic musculoskeletal pain.

History

Statutory Authority: MS s 176.103; 176.83
History: 35 SR 138; 40 SR 5

Minn. R. 5221.6110 Long-Term Treatment with Opioid Analgesic Medication

Subpart 1. Application.

This part applies to the use of oral, oral transmucosal, buccal, and transdermal opioid analgesic medications and does not apply to the use of parenteral or intrathecal opioid analgesic medications. The choice of specific opioid analgesic medication is governed by part 5221.6105, subpart 3. For purposes of this part, "long-term treatment with opioid analgesic medication" means that:

A. a health care provider documents a plan to initiate treatment for intractable pain by prescribing opioid analgesic medication to be taken daily for at least 90 days; or

B. a health care provider continues prescribing opioid analgesic medication for a patient who has been prescribed opioid analgesic medication to be taken daily for at least 90 days.

Subp. 2. Indications and documentation.

Long-term treatment with opioid analgesic medication is not indicated for treatment of workers' compensation injuries unless the requirements in this part are met. The prescribing health care provider must document in the medical record the patient selection criteria, the assessments performed, whether there are any potential contraindications to the long-term prescription of opioid analgesics, the elements of the treatment program, the written treatment contract, an objective assessment of the success of the treatment program, and the results of periodic monitoring and testing.

Subp. 3. Pain and function assessment tools.

When a health care provider initiates a plan for long-term treatment with opioid analgesic medication, the provider must assess the patient's level of pain and function using the following tools:

A. a tool validated in peer-reviewed scientific literature for the assessment of pain. Examples are the Brief Pain Inventory, the Chronic Pain Grade, the Neuropathic Pain Scale, the Visual Analog Scale, the Numeric Rating Scale, or the Verbal Descriptive Scales; and

B. a tool validated in peer-reviewed scientific literature for the assessment of function. Examples are the SF-36 Health Survey, the QuickDASH Outcome Measure, the Quality of Life (QOL) Scale, the Oswestry Disability Index, the Neck Disability Index, or the Short Musculoskeletal Function Assessment. The results of these assessments provide the baseline for determining the success of the treatment program as specified in subpart 8, item B.

Subp. 4. Patient selection criteria.

Before initiating a plan for long-term treatment with opioid analgesic medication, the prescribing health care provider must determine that all of the following criteria are met:

A. the patient cannot maintain function at work, or in the activities of daily living, without long-term use of opioid analgesic medication;

B. the patient does not have a Somatic Symptom Disorder as defined in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5);

C. all other reasonable medical treatment options have been exhausted as determined by either a pain medicine specialist or a health care provider specializing in the treatment of the area, system, or organ of the body identified as the source of the pain;

D. the patient does not have a history of failing to comply with treatment or failing to take medication as prescribed;

E. the patient does not have a current Substance Use Disorder as defined in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5); and

F. a qualitative urine drug test confirms that the patient is not using any illegal substances.

Subp. 5. Potential contraindications.

Items A and B apply to potential contraindications.

A. Before beginning long-term treatment with opioid analgesic medication, the prescribing health care provider must assess whether any of the following circumstances are present and, if present, whether they constitute contraindications to the long-term treatment with opioid analgesic medication:

B. The prescribing health care provider may obtain an appropriate specialty consultation to assist with the assessments in this subpart or determine if the long-term prescription of opioid analgesic medication is appropriate.

Subp. 6. Opioid risk assessment; program of treatment.

A. Long-term treatment with opioid analgesic medication must be part of an integrated program of treatment that complies with this subpart and that is documented in the medical record.

B. The health care provider must complete an opioid risk assessment using a tool validated in the peer-reviewed scientific literature. Examples of this type of assessment tool are the Opioid Risk Tool; the Diagnosis, Intractability, Risk, Efficacy Scale (DIRE); and the Screener and Opioid Assessment for Patients with Pain - Revised (SOAPP-R). The provider must disclose the results of the assessment to the patient.

C. The patient and the prescribing health care provider must sign a formal written treatment contract that meets the requirements of subpart 7.

D. All opioid analgesic medications must be used in fixed schedules of dosing and prescribed in an amount sufficient to preclude exhaustion of a prescription on a weekend, holiday, or vacation day when the prescribing health care provider is not available.

E. Other treatment modalities are permitted in conjunction with long-term treatment with opioid analgesic medication, to the extent indicated by parts 5221.6010 to 5221.6600.

F. The prescribing health care provider must have a written plan for treatment of episodic pain due to the injury being treated, specifying the modality or medication to be used, the frequency and scheduling of the modality or dosing of medication, the duration of use, the circumstances for contacting the prescribing health care provider, and treatment of possible side effects of the medications.

G. All prescriptions for long-term treatment with opioid analgesic medication must be written only by the prescribing health care provider or the designated proxy. The patient must agree to inform the prescribing health care provider if short-term treatment with opioid analgesic medications or other controlled drugs is prescribed by other health care providers in the treatment of acute injuries or conditions so that overall care can be properly coordinated. Examples of acute medical problems are dental procedures, acute trauma, surgery, or emergency medical treatment. The patient must also agree to inform the prescribing health care provider of any use of medical cannabis permitted under Minnesota Statutes, sections 152.22 to 152.37.

H. The prescribing health care provider must discuss with the patient the risks associated with the long-term treatment with opioid analgesic medication, the specific medications to be used, and possible side effects.

I. All medications and other treatment modalities for the work-related injury must be prescribed or provided on referral by the single health care provider party to the written treatment contract or by a proxy designated in the medical record by the health care provider party to the written treatment contract.

J. The prescribing health care provider must document in the medical record the name of the drug prescribed, the dose, the dosing schedule, the amount to be dispensed, and the number of refills allowed, if any, for each opioid analgesic prescribed.

K. The prescribing health care provider must establish a schedule of follow-up visits for monitoring the treatment.

L. The prescribing health care provider must provide written reports of work ability or restrictions as required by part 5221.0410, subpart 6.

M. If long-term treatment with opioid analgesic medication is discontinued, the prescribing health care provider must prescribe a schedule of tapering dosages and ancillary medications as needed to minimize symptoms of withdrawal, taking into account the type, dose, and duration of the opioid medication being discontinued. The health care provider must offer alternative pain management treatment or referral to another provider.

Subp. 7. Written treatment contract.

A patient receiving long-term treatment with opioid analgesic medication must enter into a written treatment contract with the prescribing health care provider as part of the integrated program of treatment. The written contract must be made part of the patient's medical record. A copy of the contract must be provided to the patient. Except when discontinuance is required by subpart 8, items E and F, the prescribing health care provider has discretion to discontinue treatment with opioid analgesic medication if the provider believes that the patient has not complied with the terms of the contract. Discontinuance must be according to a tapering schedule as described in subpart 6, item M. The contract must include the following:

A. the goals of long-term treatment with opioid analgesic medication; the program of treatment identified in subpart 6, items D, G, H, I, K, L, and M; and the monitoring described in subpart 8, items E, F, and G;

B. an agreement by the patient to comply with treatment prescribed in addition to the opioid analgesic medication;

C. an agreement by the patient that only one replacement refill or prescription is permitted in the event of lost or stolen medication or prescription, but only the first time the patient alleges that the prescription or medication was lost or stolen and only at the discretion of the prescribing health care provider;

D. an agreement by the patient that prescriptions or medications will not be renewed earlier than scheduled;

E. an agreement by the patient to notify all other health care providers of the treatment contract and its stipulations before receiving any prescription medications and to notify the prescribing health care provider party to the contract of medications received from other health care providers;

F. an agreement by the prescribing health care provider that arrangements must be made ahead of time to renew prescriptions when the prescribing health care provider is on vacation or otherwise unavailable;

G. an agreement by the prescribing health care provider to be available or provide coverage for episodic pain not responsive to planned interventions;

H. a statement that, except for the required discontinuance provided in subpart 8, items E and F, the prescribing health care provider has discretion to discontinue treatment with opioid analgesics using a schedule of tapering dosages if the patient does not comply with any of the agreements set out in the written treatment contract; and that if opioid analgesics are discontinued the provider must offer alternative pain management treatment or referral to another provider;

I. an agreement by the patient to:

J. the dated signatures of the patient and prescribing health care provider. The commissioner shall develop a form for a model written contract addressing items A to J. If a prescribing health care provider uses the commissioner's form, then the contract shall be deemed to meet the requirements of this subpart once completed and made part of the patient's medical record. The patient and prescribing health care provider must enter into a new written contract whenever it is deemed necessary by the prescribing health care provider.

Subp. 8. Monitoring long-term treatment with opioid analgesic medications.

The prescribing health care provider who is party to the treatment contract must monitor treatment that includes long-term prescription of opioid analgesic medications. The prescribing health care provider must document the monitoring in the medical record. Monitoring must include everything in items A to G.

A. The prescribing health care provider must schedule regular follow-up visits with the patient. Visits must be at least quarterly in the first year of treatment and no less than annually thereafter, except for patients taking more than 120 morphine-equivalent milligrams per day who must be seen at least every three months, and except for patients at high risk of dependency or abuse under subpart 6, item B, who must be seen every month for the first six months and every three months thereafter.

B. At each follow-up visit, the prescribing health care provider must assess the success of the program treatment in meeting its goals. The prescribing health care provider must assess pain and function at each follow-up visit, using the same tools chosen for the initial assessment in subpart 3. The program is considered successful if there is improvement in both pain and function within six months after long-term treatment with opioid analgesic medication is initiated, and this improvement is at least maintained at subsequent follow-up assessments.

C. At each follow-up visit, the prescribing health care provider must assess the possible side effects of treatment, misuse of medications, aberrant behaviors indicative of addiction, or contraindications to continuing treatment.

D. At each follow-up visit, the prescribing health care provider must assess the patient's adherence to the entire program of treatment.

E. At least semiannually, the prescribing health care provider must review the patient's prescription history in the Minnesota prescription monitoring program to validate correct medication usage, except that the prescription history must be reviewed at every follow-up visit for each patient who is taking more than 120 morphine-equivalent milligrams per day or is at high risk for dependence or abuse under subpart 6, item B. If there is more than one instance of unreported opiate prescriptions from other providers, the health care provider must discontinue opioid medications using a schedule of tapering dosages as described in subpart 6, item M.

F. The prescribing health care provider has discretion to order urine drug testing as part of a patient's monitoring, except that monitoring must include urine drug testing at least twice per year for each patient who is taking more than 120 morphine-equivalent milligrams per day or is at high risk for dependence or abuse under subpart 6, item B.

G. The prescribing health care provider must provide a referral to a pain medicine specialist for consultation under any of the following circumstances:

Subp. 9. Notice and plan for compliance.

A prescribing provider's failure to comply with any requirement of this part is not a basis to deny payment for treatment with opioid analgesics unless the insurer has previously sent the provider and the patient a copy of this part and has given the provider at least 30 days to initiate a plan to come into compliance. The insurer is required to send the provider and patient the notice and provide 30 days to initiate a plan for compliance only once.

Subp. 10. Patients currently receiving treatment.

For a patient who is receiving long-term treatment with opioid analgesic medication on the effective date of this part, the prescribing health care provider must, within three months of receipt of written notice of this part from the insurer to the provider and patient:

A. assess the patient's current level of pain and function using tools validated in peer-reviewed scientific literature as required in subpart 3;

B. meet all of the requirements of subpart 6, items C to M;

C. complete a written contract with the patient that complies with the requirements of subpart 7; and

D. establish monitoring of the treatment that complies with the requirements of subpart 8.

Subp. 11. Incorporation by reference.

The Diagnostic and Statistical Manual of Mental Disorders, fifth edition (DSM-5), copyrighted by the American Psychiatric Association, is incorporated by reference. It is not subject to frequent change, although the American Psychiatric Association publishes DSM-5 errata and coding updates. DSM-5 is published by American Psychiatric Publishing, Inc. (APPI), and may be purchased from them by calling 800-368-5777 or by ordering online at the APPI website. It is also available from other bookstores and online retailers. It is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 176.83
History: 40 SR 5

Minn. R. 5221.6200 Low Back Pain

Subpart 1. Diagnostic procedures for treatment of low back injury.

A health care provider shall determine the nature of the condition before initiating treatment.

A. An appropriate history and physical examination must be performed and documented. Based on the history and physical examination the health care provider must assign the patient at each visit to the appropriate clinical category according to subitems (1) to (4). The diagnosis must be documented in the medical record. For the purposes of subitems (2) and (3), "radicular pain" means pain radiating distal to the knee, or pain conforming to a dermatomal distribution and accompanied by anatomically congruent motor weakness or reflex changes. This part does not apply to fractures of the lumbar spine, or back pain due to an infectious, immunologic, metabolic, endocrine, neurologic, visceral, or neoplastic disease process. For treatment on or after October 1, 2015, an ICD-10-CM code that is equivalent to an applicable ICD-9-CM code listed in this item must be used instead of the ICD-9-CM code. The General Equivalence Mappings tool established by the Centers for Medicare and Medicaid Services must be used to determine the equivalent ICD-10-CM code or codes.

B. Laboratory tests are not indicated in the evaluation of a patient with regional low back pain, radicular pain, or cauda equina syndrome, except in any of the following circumstances:

C. Medical imaging evaluation of the lumbosacral spine must be based on the findings of the history and physical examination and cannot be ordered before the health care provider's clinical evaluation of the patient. Medical imaging may not be performed as a routine procedure and must comply with all of the standards in part 5221.6100, subparts 1 and 2. The health care provider must document the appropriate indications for any medical imaging studies obtained.

D. EMG and nerve conduction studies are always inappropriate for regional low back pain as defined in item A, subitem (1). EMG and nerve conduction studies may be an appropriate diagnostic tool for radicular pain and cauda equina syndrome as defined in item A, subitems (2) to (4), after the first three weeks of radicular symptoms. Repeat EMG and nerve conduction studies for radicular pain and cauda equina syndrome are not indicated unless a new neurologic symptom or finding has developed which in itself would warrant electrodiagnostic testing. Failure to improve with treatment is not an indication for repeat testing.

E. The use of the following procedures or tests is not indicated for the diagnosis of any of the clinical categories in item A:

F. Computerized range of motion or strength measuring tests are not indicated during the period of initial nonsurgical management, but may be indicated during the period of chronic management when used in conjunction with a computerized exercise program, work hardening program, or work conditioning program. During the period of initial nonsurgical management, computerized range of motion or strength testing may be performed but must be done in conjunction with and shall not be reimbursed separately from an office visit with a physician, chiropractic evaluation or treatment, or physical or occupational therapy evaluation or treatment.

G. Personality or psychosocial evaluations may be indicated for evaluating patients who continue to have problems despite appropriate care. The treating health care provider may perform this evaluation or may refer the patient for consultation with another health care provider in order to obtain a psychological evaluation. These evaluations may be used to assess the patient for a number of psychological conditions which may interfere with recovery from the injury. Since more than one of these psychological conditions may be present in a given case, the health care provider performing the evaluation must consider all of the following:

H. Diagnostic analgesic blocks or injection studies include facet joint injection, facet nerve injection, epidural differential spinal block, nerve block, and nerve root block.

I. A comprehensive functional capacity assessment or evaluation (FCE) is an individualized examination and evaluation that objectively measures the patient's current level of function and the ability to perform functional or work-related tasks, and it predicts the potential to sustain these tasks over a defined time frame. The components of a comprehensive FCE include, but are not limited to, neuromusculoskeletal screening, tests of manual material handling, assessment of functional mobility, and measurement of postural tolerance.

J. Consultations with other health care providers can be initiated at any time by the treating health care provider consistent with accepted medical practice.

Subp. 2. General treatment parameters for low back pain.

A. All medical care for low back pain, appropriately assigned to a clinical category in subpart 1, item A, is determined by the clinical category to which the patient has been assigned. General parameters for treatment modalities are set forth in subparts 3 to 10. Specific treatment parameters for each clinical category are set forth in subparts 11 to 13, as follows:

B. In general, a course of treatment is divided into three phases.

C. A treating health care provider may refer the employee for a consultation at any time during the course of treatment consistent with accepted medical practice.

Subp. 3. Passive treatment modalities.

A. Except as set forth in item B or part 5221.6050, subpart 8, the use of passive treatment modalities in a clinical setting as set forth in items C to I is not indicated beyond 12 calendar weeks after any of the passive modalities in item C to I are initiated. There are no limitations on the use of passive treatment modalities by the employee at home.

C. Adjustment or manipulation of joints includes chiropractic and osteopathic adjustments or manipulations:

D. Thermal treatment includes all superficial and deep heating and cooling modalities. Superficial thermal modalities include hot packs, hot soaks, hot water bottles, hydrocollators, heating pads, ice packs, cold soaks, infrared, whirlpool, and fluidotherapy. Deep thermal modalities include diathermy, ultrasound, and microwave.

E. Electrical muscle stimulation includes muscle stimulation, low-volt therapy, sine wave therapy, stimulation of peripheral nerve, galvanic stimulation, TENS, interferential, and microcurrent techniques.

F. Mechanical traction is the therapeutic use of mechanically induced tension created by a pulling force to produce a combination of distraction and gliding to relieve pain and increase flexibility. Mechanical traction may be continuous, static, intermittent, inversion, gravity, or positional. Examples of mechanical traction include power traction, intersegmental motorized mobilization, vertebral axial decompression, autotraction (active), and 90/90.

G. Acupuncture treatments:

H. Manual therapy includes manual traction, myofascial release, joint mobilization and manipulation, manual lymphatic drainage, soft-tissue mobilization and manipulation, trigger point therapy, acupressure, muscle stimulation - manual (nonelectrical), and any form of massage:

I. Phoresis includes iontophoresis and phonophoresis:

J. Bedrest. Prolonged restriction of activity and immobilization are detrimental to a patient's recovery. Bedrest should not be prescribed for more than seven days.

K. Spinal braces and other movement-restricting appliances. Bracing required for longer than two weeks must be accompanied by active muscle strengthening exercise to avoid deconditioning and prolonged disability:

Subp. 4. Active treatment modalities.

Active treatment modalities must be used as set forth in items A to D. Use of active treatment modalities can extend past the 12-week limitation on passive treatment modalities so long as the maximum duration for the active modality is not exceeded.

A. Education must teach the patient about pertinent anatomy and physiology as it relates to spinal function for the purpose of injury prevention. Education includes training on posture, biomechanics, and relaxation. The maximum number of treatments is three visits, which includes an initial education and training session, and two follow-up visits.

B. Posture and work method training must instruct the patient in the proper performance of job activities. Topics include proper positioning of the trunk, neck, and arms, use of optimum biomechanics in performing job tasks, and appropriate pacing of activities. Methods include didactic sessions, demonstrations, exercises, and simulated work tasks. The maximum number of treatments is three visits.

C. Worksite analysis and modification must examine the patient's work station, tools, and job duties. Recommendations are made for the alteration of the work station, selection of alternate tools, modification of job duties, and provision of adaptive equipment. The maximum number of treatments is three visits.

D. Exercise, which is important to the success of an initial nonsurgical treatment program and a return to normal activity, must include active patient participation in activities designed to increase flexibility, strength, endurance, or muscle relaxation. Exercise must, at least in part, be specifically aimed at the musculature of the lumbosacral spine. While aerobic exercise and extremity strengthening may be performed as adjunctive treatment, this shall not be the primary focus of the exercise program. Exercises must be evaluated to determine if the desired goals are being attained. Strength, flexibility, and endurance must be objectively measured. While the provider may objectively measure the treatment response as often as necessary for optimal care, after the initial evaluation the health care provider may not bill for the tests sooner than two weeks after the initial evaluation and monthly thereafter. Subitems (1) and (2) govern supervised and unsupervised exercise, except for computerized exercise programs and health clubs, which are governed by part 5221.6600.

Subp. 5. Therapeutic injections.

Injection modalities are indicated as set forth in items A to C. Use of injections can extend past the 12-week limit on passive treatment modalities so long as the maximum treatment for injections is not exceeded.

A. Therapeutic injections, including injections of trigger points, facet joints, facet nerves, sacroiliac joints, sympathetic nerves, epidurals, nerve roots, and peripheral nerves. Therapeutic injections can only be given in conjunction with active treatment modalities directed to the same anatomical site.

B. Permanent lytic or sclerosing injections, including radio frequency denervation of the facet joints. These injections can only be given in conjunction with active treatment modalities directed to the same anatomical site:

C. Prolotherapy and botulinum toxin injections are not indicated in the treatment of low back problems and are not reimbursable.

Subp. 6. Surgery, including decompression procedures and arthrodesis.

Surgery may only be performed if it also meets the specific parameters specified in subparts 11 to 13 and part 5221.6500. The health care provider must provide prior notification of nonemergency inpatient surgery according to part 5221.6050, subpart 9.

A. In order to optimize the beneficial effect of surgery, postoperative therapy with active and passive treatment modalities may be provided, even if these modalities had been used in the preoperative treatment of the condition. In the postoperative period the maximum treatment duration with passive treatment modalities in a clinical setting from the initiation of the first passive modality used, except bedrest or bracing, is as follows:

B. Repeat surgery must also meet the parameters of subparts 11 to 13 and part 5221.6500, and is not indicated unless the need for the repeat surgery is confirmed by a second opinion obtained before surgery, if a second opinion is requested by the insurer.

C. Spinal cord stimulators have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

D. Intrathecal drug delivery systems have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

Subp. 7. Chronic management.

Chronic management of low back pain must be provided according to the parameters of part 5221.6600.

Subp. 8. Durable medical equipment.

Durable medical equipment is indicated only in the situations specified in items A to D. The health care provider must provide prior notification as required in items B and C according to part 5221.6050, subpart 9.

A. Lumbar braces, corsets, or supports are indicated as specified in subpart 3, item K.

B. For patients using electrical stimulation or mechanical traction devices at home, the device and any required supplies are indicated within the parameters of subpart 3, items E and F. Prior notification must be provided to the insurer for purchase of the device or for use longer than one month. The insurer may provide equipment if it is comparable to that prescribed by the health care provider.

C. Exercise equipment for home use, including bicycles, treadmills, and stairclimbers, are indicated only within the context of a program or plan of an approved chronic management program. This equipment is not indicated during initial nonsurgical care or during reevaluation and surgical therapy. Prior notification must be provided to the insurer for the purchase of home exercise equipment. The insurer may decide which brand of a prescribed type of exercise equipment is provided to the patient. If the employer has an appropriate exercise facility on its premises with the prescribed equipment, the insurer may mandate use of that facility instead of authorizing purchase of the equipment for home use.

D. The following durable medical equipment is not indicated for home use for any of the low back conditions described in subpart 1, item A:

Subp. 9. Evaluation of treatment by health care provider.

The health care provider must evaluate at each visit whether the treatment is medically necessary, and must evaluate whether initial nonsurgical treatment is effective according to items A to C. No later than the time for treatment response established for the specific modality as specified in subparts 3, 4, and 5, the health care provider must evaluate whether the passive, active, injection, or medication treatment modality is resulting in progressive improvement as specified in items A to C:

A. the employee's subjective complaints of pain or disability are progressively improving, as evidenced by documentation in the medical record of decreased distribution, frequency, or intensity of symptoms;

B. the objective clinical findings are progressively improving, as evidenced by documentation in the medical record of resolution or objectively measured improvement in physical signs of the injury; and

C. the employee's functional status, especially vocational activity, is progressively improving, as evidenced by documentation in the medical record, or successive reports of work ability, of less restrictive imitations on activity. If there is not progressive improvement in at least two items of items A to C, the modality must be discontinued or significantly modified, or the provider must reconsider the diagnosis. The evaluation of the effectiveness of the treatment modality can be delegated to an allied health professional directly providing the treatment, but remains the ultimate responsibility of the treating health care provider.

Subp. 10. Scheduled and nonscheduled medication.

The health care provider must document the rationale for the use of any medication. Treatment with medication may be appropriate during any phase of treatment and must comply with all of the applicable parameters in part 5221.6105. The prescribing health care provider must determine that ongoing medication is effective treatment for the patient's condition and that the most cost-effective regimen is used.

Subp. 11. Specific treatment parameters for regional low back pain.

A. Initial nonsurgical treatment must be the first phase of treatment for all patients with regional low back pain under subpart 1, item A, subitem (1).

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered or the patient refuses surgical therapy or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management which must be provided according to the parameters of part 5221.6600.

Subp. 12. Specific treatment parameters for radicular pain, with or without regional low back pain, with no or static neurologic deficits.

A. Initial nonsurgical treatment is appropriate for all patients with radicular pain, with or without regional low back pain, with no or static neurologic deficits under subpart 1, item A, subitem (2), and must be the first phase of treatment. It must be provided within the parameters of subpart 11, item A, with the following modifications: epidural blocks, and nerve root and peripheral nerve blocks are the only therapeutic injections indicated for patients with radicular pain only. If there is a component of regional low back pain, therapeutic facet joint injections, facet nerve injections, trigger point injections, and sacroiliac injections may also be indicated.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered, the patient refused surgical therapy, or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with radicular pain, with or without regional back pain, with static neurologic deficits must meet all of the parameters of part 5221.6600.

Subp. 13. Specific treatment parameters for cauda equina syndrome and for radicular pain, with or without regional low back pain, with progressive neurologic deficits.

A. Patients with cauda equina syndrome or with radicular pain, with or without regional low back pain, with progressive neurologic deficits may require immediate or emergency surgical evaluation at any time during the course of the overall treatment. The decision to proceed with surgical evaluation is made by the health care provider based on the type of neurologic changes observed, the severity of the changes, the rate of progression of the changes, and the response to any initial nonsurgical treatments. Surgery, if indicated, may be performed at any time during the course of treatment. Surgical evaluation and surgery shall be provided within the parameters of subpart 11, item B, except that surgical evaluation and surgical therapy may begin at any time.

B. If the health care provider decides to proceed with a course of initial nonsurgical care for a patient with radicular pain with progressive neurologic changes, it must follow the parameters of subpart 12, item A.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered or the patient refuses surgical therapy or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with radicular pain, with or without regional back pain, with foot drop or progressive neurologic changes at first presentation must meet the parameters of part 5221.6600.

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; 35 SR 138; 39 SR 286; 40 SR 328

Minn. R. 5221.6205 Neck Pain

Subpart 1. Diagnostic procedures for treatment of neck injury.

A health care provider shall determine the nature of the condition before initiating treatment.

A. An appropriate history and physical examination must be performed and documented. Based on the history and physical examination the health care provider must assign the patient at each visit to the appropriate clinical category according to subitems (1) to (4). The diagnosis must be documented in the medical record. For the purposes of subitems (2) and (3), "radicular pain" means pain radiating distal to the shoulder. This part does not apply to fractures of the cervical spine or cervical pain due to an infectious, immunologic, metabolic, endocrine, neurologic, visceral, or neoplastic disease process. For treatment on or after October 1, 2015, an ICD-10-CM code that is equivalent to an applicable ICD-9-CM code listed in this item must be used instead of the ICD-9-CM code. The General Equivalence Mappings tool established by the Centers for Medicare and Medicaid Services must be used to determine the equivalent ICD-10-CM code or codes.

B. Laboratory tests are not indicated in the evaluation of a patient with regional neck pain, or radicular pain, except:

C. Medical imaging evaluation of the cervical spine must be based on the findings of the history and physical examination and cannot be ordered prior to the health care provider's clinical evaluation of the patient. Medical imaging may not be performed as a routine procedure and must comply with the standards in part 5221.6100, subpart 1. The health care provider must document the appropriate indications for any medical imaging studies obtained.

D. EMG and nerve conduction studies are always inappropriate for the regional neck pain diagnoses in item A, subitem (1). EMG and nerve conduction studies may be an appropriate diagnostic tool for radicular pain and myelopathy diagnoses in item A, subitems (2) to (4), after the first three weeks of radicular or myelopathy symptoms. Repeat EMG and nerve conduction studies for radicular pain and myelopathy are not indicated unless a new neurologic symptom or finding has developed which in itself would warrant electrodiagnostic testing. Failure to improve with treatment is not an indication for repeat testing.

E. The use of the following procedures or tests is not indicated for the diagnosis of any of the clinical categories in item A:

F. Computerized range of motion or strength measuring tests are not indicated during the period of initial nonsurgical management, but may be indicated during the period of chronic management when used in conjunction with a computerized exercise program, work hardening program, or work conditioning program. During the period of initial nonsurgical management, computerized range of motion or strength testing can be performed but must be done in conjunction with and shall not be reimbursed separately from an office visit, chiropractic evaluation or treatment, or physical or occupational therapy evaluation or treatment.

G. Personality or psychological evaluations may be a useful tool for evaluating patients who continue to have problems despite appropriate care. The treating health care provider may perform this evaluation or may refer the patient for consultation with another health care provider in order to obtain a psychological evaluation. These evaluations may be used to assess the patient for a number of psychological conditions which may interfere with recovery from the injury. Since more than one of these psychological conditions may be present in a given case, the health care provider performing the evaluation must consider all of the following:

H. Diagnostic analgesic blocks or injection studies include facet joint injection, facet nerve block, epidural differential spinal block, nerve block, and nerve root block.

J. Consultations with other health care providers may be initiated at any time by the treating health care provider, consistent with accepted medical practice.

Subp. 2. General treatment parameters for neck pain.

A. All medical care for neck pain appropriately assigned to a clinical category in subpart 1, item A, is determined by the diagnosis and clinical category in subpart 1, item A, to which the patient has been assigned. General parameters for treatment modalities are set forth in subparts 3 to 10. Specific treatment parameters for each clinical category are set forth in subparts 11 to 14, as follows:

B. In general, a course of treatment is divided into three phases.

C. A treating health care provider may refer the employee for a consultation at any time during the course of treatment consistent with accepted medical practice.

Subp. 3. Passive treatment modalities.

C. Adjustment or manipulation of joints includes chiropractic and osteopathic adjustments or manipulations:

D. Thermal treatment includes all superficial and deep heating modalities and cooling modalities. Superficial thermal modalities include hot packs, hot soaks, hot water bottles, hydrocollators, heating pads, ice packs, cold soaks, infrared, whirlpool, and fluidotherapy. Deep thermal modalities include diathermy, ultrasound, and microwave.

G. Acupuncture treatments:

I. Phoresis includes iontophoresis and phonophoresis:

J. Bedrest. Prolonged restriction of activity and immobilization are detrimental to a patient's recovery. Bedrest should not be prescribed for more than seven days.

K. Cervical collars, spinal braces, and other movement-restricting appliances. Bracing required for longer than two weeks must be accompanied by active muscle strengthening exercise to avoid deconditioning and prolonged disability:

Subp. 4. Active treatment modalities.

Active treatment modalities must be used as set forth in items A to D. Use of active treatment modalities may extend past the 12-week limitation on passive treatment modalities, so long as the maximum duration for the active modality is not exceeded.

D. Exercise, which is important to the success of an initial nonsurgical treatment program and a return to normal activity, must include active patient participation in activities designed to increase flexibility, strength, endurance, or muscle relaxation. Exercise must, at least in part, be specifically aimed at the musculature of the cervical spine. While aerobic exercise and extremity strengthening may be performed as adjunctive treatment, it must not be the primary focus of the exercise program. Exercises must be evaluated to determine if the desired goals are being attained. Strength, flexibility, and endurance must be objectively measured. While the provider may objectively measure the treatment response as often as necessary for optimal care, after the initial evaluation the health care provider may not bill for the tests sooner than two weeks after the initial evaluation and monthly thereafter. Subitems (1) and (2) govern supervised and unsupervised exercise, except for computerized exercise programs and health clubs, which are governed by part 5221.6600.

Subp. 5. Therapeutic injections.

Injection modalities are indicated as set forth in items A to C. Use of injections may extend past the 12-week limit on passive treatment modalities, so long as the maximum treatment for injections is not exceeded.

A. Therapeutic injections include trigger points injections, facet joint injections, facet nerve blocks, sympathetic nerve blocks, epidurals, nerve root blocks, and peripheral nerve blocks. Therapeutic injections can only be given in conjunction with active treatment modalities directed to the same anatomical site.

C. Prolotherapy and botulinum toxin injections are not indicated in the treatment of neck problems and are not reimbursable.

Subp. 6. Surgery, including decompression procedures and arthrodesis.

Surgery may only be performed if it meets the specific parameters of subparts 11 to 14 and part 5221.6500. The health care provider must provide prior notification for nonemergency inpatient surgery according to part 5221.6050, subpart 9.

B. Repeat surgery must also meet the parameters of subparts 11 to 14 and part 5221.6500 and is not indicated unless the need for the repeat surgery is confirmed by a second opinion obtained before surgery, if requested by the insurer.

C. Spinal cord stimulators have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

D. Intrathecal drug delivery systems have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

Subp. 7. Chronic management.

Chronic management of neck disorders must be provided according to the parameters of part 5221.6600.

Subp. 8. Durable medical equipment.

Durable medical equipment is indicated only as specified in items A to D. The health care provider must provide prior notification as required in items B and C according to part 5221.6050, subpart 9.

A. Cervical collars, braces, or supports and home cervical traction devices may be indicated within the parameters of subpart 3, items F and K.

B. For patients using electrical stimulation at home, the device and any required supplies are indicated within the parameters of subpart 3, item E. Prior notification must be given for purchase of the device or for use longer than one month. The insurer may provide equipment if it is comparable to that prescribed by the health care provider.

C. Exercise equipment for home use, including bicycles, treadmills, and stairclimbers, are indicated only within the context of a program or plan of an approved chronic management program. This equipment is not indicated during initial nonoperative care or during reevaluation and surgical therapy. Prior notification must be given to the insurer before purchase of the home exercise equipment. The insurer may decide which brand of a prescribed type of exercise equipment is provided to the patient. If the employer has an appropriate exercise facility on its premises with the prescribed equipment, the insurer may mandate the use of that facility instead of authorizing purchase of equipment for home use.

D. The following durable medical equipment is not indicated for home use for any of the neck pain conditions described in subpart 1, item A:

Subp. 9. Evaluation of treatment by health care provider.

The health care provider must evaluate at each visit whether the treatment is medically necessary, and shall evaluate whether initial nonsurgical management is effective according to items A to C.

No later than the time for treatment response established for the specific modality as specified in subparts 3, 4, and 5, the health care provider must evaluate whether the passive, active, injection, or medication treatment modality has resulted in progressive improvement as specified in items A to C:

B. the objective clinical findings are progressively improving, as evidenced by documentation in the medical record of resolution or objectively measured improvement in physical signs of injury; and

C. the employee's functional status, especially vocational activity, is progressively improving, as evidenced by documentation in the medical record, or successive reports of work ability, of less restrictive limitations on activity. If there is not progressive improvement in at least two items of items A to C, the modality must be discontinued or significantly modified or the provider must reconsider the diagnosis. The evaluation of the effectiveness of the treatment modality can be delegated to an allied health professional working under the direction of the treating health care provider but remains the ultimate responsibility of the treating health care provider.

Subp. 10. Scheduled and nonscheduled medication.

Subp. 11. Specific treatment parameters for regional neck pain.

A. Initial nonsurgical treatment must be the first phase of treatment for all patients with regional neck pain under subpart 1, item A, subitem (1).

B. Surgical evaluation or chronic management is indicated if the patient continues with symptoms and physical findings after the course of initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities. The purpose of surgical evaluation is to determine whether surgery is indicated in the treatment of a patient who has failed to recover with initial nonsurgical care. If the patient is not a surgical candidate, then chronic management is indicated.

C. If the patient continues with symptoms and objective physical findings after surgery has been rendered or the patient refuses surgery or the patient was not a candidate for surgery, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management according to part 5221.6600.

Subp. 12. Specific treatment parameters for radicular pain, with or without regional neck pain, with no or static neurologic deficits.

A. Initial nonsurgical treatment is appropriate for all patients with radicular pain, with or without regional neck pain, with no or static neurologic deficits under subpart 1, item A, subitem (2), and must be the first phase of treatment. It must be provided within the parameters of subpart 11, item A, with the following modifications: epidural blocks and nerve root and peripheral nerve blocks are the only therapeutic injections indicated for patients with radicular pain only. If there is a component of regional neck pain, therapeutic facet joint injections, facet nerve blocks, and trigger point injections may also be indicated.

B. Surgical evaluation or chronic management is indicated if the patient continues with symptoms and physical findings after the course of initial nonsurgical care, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities. It must be provided within the parameters of subpart 11, item B, with the following modifications: the only surgical procedures indicated for patients with radicular pain are decompression of a cervical nerve root which must meet the parameters of subpart 6 and part 5221.6500, subpart 2, item B, and cervical arthrodesis, with or without instrumentation. For patients with failed surgery, dorsal column stimulators or morphine pumps may be indicated consistent with subpart 6, item C.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered, the patient refused surgical therapy, or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with radicular pain, with or without regional neck pain, with static neurologic changes must meet all of the parameters of part 5221.6600.

Subp. 13. Specific treatment parameters for radicular pain, with or without regional neck pain, with progressive neurologic changes.

A. Patients with radicular pain, with or without regional neck pain, with progressive neurologic deficits may require immediate or emergency evaluation at any time during the course of their overall treatment. The decision to proceed with surgical evaluation is made by the health care provider based on the type of neurologic changes observed, the severity of the changes, the rate of progression of the changes, and the response to any nonsurgical treatments. Surgery, if indicated, may be performed at any time during the course of treatment. Surgical evaluation and surgery shall be provided within the parameters of subpart 11, item B, with the following modifications:

B. If the health care provider decides to proceed with a course of nonsurgical care for a patient with radicular pain with progressive neurologic changes, it must follow the parameters of subpart 12, item A.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered or the patient refuses surgical therapy or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with radicular pain, with or without regional neck pain, with progressive neurologic changes at first presentation must meet all of the parameters of part 5221.6600.

Subp. 14. Specific treatment parameters for myelopathy.

A. Patients with myelopathy may require emergency surgical evaluation at any time during the course of their overall treatment. The decision to proceed with surgical evaluation is made by the health care provider based on the type of neurologic changes observed, the severity of the changes, the rate of progression of the changes, and the response to any nonsurgical treatments. Surgery, if indicated, may be performed at any time during the course of treatment. Surgical evaluation and surgery shall be provided within the parameters of subpart 11, item B, with the following modifications:

B. If the health care provider decides to proceed with a course of nonsurgical care for a patient with myelopathy, it must follow the parameters of subpart 12, item A.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered or the patient refuses surgical therapy or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with myelopathy must meet all of the parameters of part 5221.6600.

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; 35 SR 138; 39 SR 286; 40 SR 328

Minn. R. 5221.6210 Thoracic Back Pain

Subpart 1. Diagnostic procedures for treatment of thoracic back injury.

A health care provider shall determine the nature of the condition before initiating treatment.

A. An appropriate history and physical examination must be performed and documented. Based on the history and physical examination the health care provider must assign the patient at each visit to the consistency appropriate clinical category according to subitems (1) to (4). The diagnosis must be documented in the medical record. For the purposes of subitems (2) and (3), "radicular pain" means pain radiating in a dermatomal distribution around the chest or abdomen. This part does not apply to fractures of the thoracic spine or thoracic back pain due to an infectious, immunologic, metabolic, endocrine, neurologic, visceral, or neoplastic disease process. For treatment on or after October 1, 2015, an ICD-10-CM code that is equivalent to an applicable ICD-9-CM code listed in this item must be used instead of the ICD-9-CM code. The General Equivalence Mappings tool established by the Centers for Medicare and Medicaid Services must be used to determine the equivalent ICD-10-CM code or codes.

B. Laboratory tests are not indicated in the evaluation of a patient with regional thoracic back pain, or radicular pain, except when a patient's history, age, or examination suggests infection, metabolic-endocrinologic disorders, tumorous conditions, systemic musculoskeletal disorders, such as rheumatoid arthritis or ankylosing spondylitis, or side effects of medications. Laboratory tests may be ordered at any time the health care provider suspects any of these conditions, but the health care provider must justify the need for the tests ordered with clear documentation of the indications. Laboratory tests may also be ordered as part of a preoperative evaluation.

C. Medical imaging evaluation of the thoracic spine must be based on the findings of the history and physical examination and cannot be ordered prior to the health care provider's clinical evaluation of the patient. Medical imaging may not be performed as a routine procedure and must comply with all of the standards in part 5221.6100, subpart 1. The health care provider must document the appropriate indications for any medical imaging studies obtained.

D. EMG and nerve conduction studies are always inappropriate for regional thoracic back pain and radicular pain under item A, subitems (1) to (3).

E. The use of the following procedures or tests is not indicated for the diagnosis of any of the clinical categories in item A:

F. Computerized range of motion or strength measuring tests are not reimbursable during the period of initial nonsurgical care, but may be reimbursable during a period of chronic management when used in conjunction with a computerized exercise program, work hardening program, or work conditioning program. During the period of initial nonoperative care computerized range of motion or strength testing can be performed but must be done in conjunction with and shall not be reimbursed separately from an office visit, chiropractic evaluation or treatment, or physical or occupational therapy evaluation or treatment.

H. Diagnostic analgesic blocks or injection studies include facet joint injection, facet nerve block, epidural differential spinal block, nerve block, and nerve root block.

J. Consultations with other health care providers can be initiated at any time by the treating health care provider consistent with standard medical practice.

Subp. 2. General treatment parameters for thoracic back pain.

A. All medical care for thoracic back pain, appropriately assigned to a category of subpart 1, item A, is determined by the diagnosis and clinical category in subpart 1, item A, to which the patient has been assigned. General parameters for treatment modalities are set forth in subparts 3 to 10. Specific treatment parameters for each clinical category are set forth in subparts 11 to 13, as follows:

B. In general, a course of treatment is divided into three phases.

C. A treating health care provider may refer the employee for a consultation at any time during the course of treatment consistent with accepted medical practice.

Subp. 3. Passive treatment modalities.

C. Adjustment or manipulation of joints includes chiropractic and osteopathic adjustments or manipulations:

G. Acupuncture treatments:

I. Phoresis includes iontophoresis and phonophoresis:

J. Bedrest. Prolonged restriction of activity and immobilization are detrimental to a patient's recovery. Bedrest should not be prescribed for more than seven days.

Subp. 4. Active treatment modalities.

Active treatment modalities must be used as set forth in items A to D. Use of active treatment modalities may extend past the 12-week limit on passive treatment modalities, so long as the maximum durations for the active treatment modalities are not exceeded.

B. Posture and work method training must instruct the patient in the proper performance of job activities. Topics include proper positioning of the trunk, back, and arms, use of optimum biomechanics in performing job tasks, and appropriate pacing of activities. Methods include didactic sessions, demonstrations, exercises, and simulated work tasks. The maximum number of treatments is three visits.

D. Exercise, which is important to the success of an initial nonsurgical treatment program and a return to normal activity, must include active patient participation in activities designed to increase flexibility, strength, endurance, or muscle relaxation. Exercise must, at least in part, be specifically aimed at the musculature of the thoracic spine. While aerobic exercise and extremity strengthening may be performed as adjunctive treatment this shall not be the primary focus of the exercise program. Exercises shall be evaluated to determine if the desired goals are being attained. Strength, flexibility, and endurance shall be objectively measured. While the provider may objectively measure the treatment response as often as necessary for optimal care, after the initial evaluation the health care provider may not bill for the tests sooner than two weeks after the initial evaluation and monthly thereafter. Subitems (1) and (2) govern supervised and unsupervised exercise, except for computerized exercise programs and health clubs, which are governed by part 5221.6600.

Subp. 5. Therapeutic injections.

C. Prolotherapy and botulinum toxin injections are not indicated in the treatment of thoracic back problems and are not reimbursable.

Subp. 6. Surgery, including decompression procedures.

Surgery may only be performed if it meets the specific parameters of subparts 11 to 13 and part 5221.6500. The health care provider must provide prior notification of nonemergency inpatient surgery according to part 5221.6050, subpart 9.

B. Repeat surgery must also meet the parameters of subparts 11 to 13 and part 5221.6500 and is not indicated unless the need for the repeat surgery is confirmed by a second opinion obtained before surgery, if a second opinion is requested by the insurer.

C. Spinal cord stimulators have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

D. Intrathecal drug delivery systems have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

Subp. 7. Chronic management.

Chronic management of thoracic back pain must be provided according to the parameters of part 5221.6600.

Subp. 8. Durable medical equipment.

Durable medical equipment is indicated only in certain specific situations, as specified in items A to D. The health care provider must provide the insurer with prior notification as required by items B and C, according to part 5221.6050, subpart 9.

A. Braces or supports may be indicated within the parameters of subpart 3, item K.

B. For patients using electrical stimulation or mechanical traction devices at home, the device and any required supplies are indicated within the parameters of subpart 3, items E and F. Prior notification of the insurer is required for purchase of the device or for use longer than one month. The insurer may provide equipment if it is comparable to that prescribed by the health care provider.

C. Exercise equipment for home use, including bicycles, treadmills, and stairclimbers, are indicated only within the context of a program or plan of an approved chronic management program. This equipment is not indicated during initial nonoperative care or during reevaluation and surgical therapy. Prior notification of the insurer is required for the purchase of home exercise equipment. The insurer may decide which brand of a prescribed type of exercise equipment is provided to the patient. If the employer has an appropriate exercise facility on its premises with the prescribed equipment, the insurer may mandate the use of that facility instead of authorizing purchase of equipment for home use.

D. The following durable medical equipment is not indicated for home use for any of the thoracic back pain conditions described in subpart 1, item A:

Subp. 9. Evaluation of treatment by health care provider.

The health care provider must evaluate at each visit whether the treatment is medically necessary, and must evaluate whether initial nonsurgical management is effective according to items A to C. No later than the time for treatment response established for the specific modality as specified in subparts 3, 4, and 5, the health care provider must evaluate whether the passive, active, injection, or medication treatment modality is resulting in progressive improvement as specified in items A to C:

B. the objective clinical findings are progressively improving, as evidenced by documentation in the medical record of resolution or objectively measured improvement in physical signs of injury; and

C. the employee's functional status, especially vocational activity, is progressively improving, as evidenced by documentation in the medical record, or successive reports of work ability, of less restrictive limitations on activity. If there is not progressive improvement in at least two items of items A to C, the modality must be discontinued or significantly modified or the provider must reconsider the diagnosis. The evaluation of the effectiveness of the treatment modality can be delegated to an allied health professional working under the direction of the treating health care provider but remains the ultimate responsibility of the treating health care provider.

Subp. 10. Scheduled and nonscheduled medication.

Subp. 11. Specific treatment parameters for regional thoracic back pain.

A. Initial nonsurgical treatment must be the first phase of treatment for all patients with regional thoracic back pain under subpart 1, item A, subitem (1).

B. Surgical evaluation or chronic management is indicated if the patient continues with symptoms and objective physical findings after the course of initial nonsurgical care, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities. The purpose of surgical evaluation is to determine whether surgery is indicated in the treatment of a patient who has failed to recover with initial nonsurgical care. If the patient is not a surgical candidate, then chronic management is indicated.

Subp. 12. Specific treatment parameters for radicular pain.

A. Initial nonsurgical treatment is appropriate for all patients with radicular pain under subpart 1, item A, subitem (2), and must be the first phase of treatment. It must be provided within the parameters of subpart 11, item A, with the following modifications: epidural blocks and nerve root and peripheral nerve blocks are the only therapeutic injections indicated for patients with radicular pain only. If there is a component of regional thoracic back pain, therapeutic facet joint injections, facet nerve blocks, and trigger point injections may also be indicated.

B. Surgical evaluation or chronic management is indicated if the patient continues with symptoms and physical findings after the course of initial nonsurgical care, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities. It shall be provided within the parameters of subpart 11, item B, with the following modifications: the only surgical procedures indicated for patients with radicular pain are decompression or arthrodesis. For patients with failed surgery, dorsal column stimulators or morphine pumps may be indicated consistent with subpart 6, item C.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered or the patient refused surgical therapy or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with radicular pain, with or without regional thoracic back pain, must meet all of the parameters of part 5221.6600.

Subp. 13. Specific treatment parameters for myelopathy.

B. If the health care provider decides to proceed with a course of nonsurgical care for a patient with myelopathy, it must follow the parameters of subpart 12, item A.

C. If the patient continues with symptoms and objective physical findings after surgical therapy has been rendered or the patient refuses surgical therapy or the patient was not a candidate for surgical therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with myelopathy must meet all of the parameters of part 5221.6600.

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; 35 SR 138; 39 SR 286; 40 SR 328

Minn. R. 5221.6300 Upper Extremity Disorders

Subpart 1. Diagnostic procedures for treatment of upper extremity disorders (UED).

A health care provider shall determine the nature of an upper extremity disorder before initiating treatment.

A. An appropriate history and physical examination must be performed and documented. Based on the history and physical examination the health care provider must at each visit assign the patient to the appropriate clinical category according to subitems (1) to (6). The diagnosis must be documented in the medical record. Patients may have multiple disorders requiring assignment to more than one clinical category. This part does not apply to upper extremity conditions due to a visceral, vascular, infectious, immunological, metabolic, endocrine, systemic neurologic, or neoplastic disease process, fractures, lacerations, amputations, or sprains or strains with complete tissue disruption. For treatment on or after October 1, 2015, an ICD-10-CM code that is equivalent to an applicable ICD-9-CM code listed in this item must be used instead of the ICD-9-CM code. The General Equivalence Mappings tool established by the Centers for Medicare and Medicaid Services must be used to determine the equivalent ICD-10-CM code or codes.

B. Certain laboratory tests may be indicated in the evaluation of a patient with upper extremity disorder to rule out infection, metabolic-endocrinologic disorders, tumorous conditions, systemic musculoskeletal disorders such as rheumatoid arthritis, or side effects of medications. Laboratory tests may be ordered at any time the health care provider suspects any of these conditions, but the health care provider must justify the need for the tests ordered with clear documentation of the indications.

C. Medical imaging evaluation of upper extremity disorders must be based on the findings of the history and physical examination and cannot be ordered before the health care provider's clinical evaluation of the patient. Medical imaging may not be performed as a routine procedure and must comply with the standards in part 5221.6100, subpart 1. The health care provider must document the appropriate indications for any medical imaging studies obtained.

D. EMG and nerve conduction studies are only appropriate for nerve entrapment disorders and recurrent nerve entrapment after surgery.

E. The following diagnostic procedures or tests are not indicated for the diagnosis of any of the clinical categories in item A:

F. The following diagnostic procedures or tests are considered adjuncts to the physical examination and are not reimbursed separately from the office visit:

G. Computerized range of motion or strength measuring tests are not indicated during the period of initial nonsurgical management, but may be indicated during the period of chronic management when used in conjunction with a computerized exercise program, work hardening program, or work conditioning program. During the period of initial nonsurgical management, computerized range of motion or strength testing can be performed but must be done in conjunction with and are not reimbursed separately from an office visit with a physician, chiropractic evaluation or treatment, or physical or occupational therapy evaluation or treatment.

H. Personality or psychosocial evaluations may be a useful tool for evaluating patients who continue to have problems despite appropriate initial nonsurgical care. The treating health care provider may perform this evaluation or may refer the patient for consultation with another health care provider in order to obtain a psychological evaluation. These evaluations may be used to assess the patient for a number of psychological conditions which may interfere with recovery from the injury. Since more than one of these psychological conditions may be present in a given case, the health care provider performing the evaluation must consider all of the following:

I. Diagnostic analgesic blocks or injection studies.

J. A comprehensive functional capacity assessment or evaluation (FCE) is an individualized examination and evaluation that objectively measures the patient's current level of function and the ability to perform functional or work-related tasks, and it predicts the potential to sustain these tasks over a defined time frame. The components of a comprehensive FCE include, but are not limited to, neuromusculoskeletal screening, tests of manual material handling, assessment of functional mobility, and measurement of postural tolerance.

K. Consultations with other health care providers can be initiated at any time by the treating health care provider consistent with accepted medical practice.

Subp. 2. General treatment parameters for upper extremity disorders.

A. All medical care for upper extremity disorders, appropriately assigned to a category of subpart 1, item A, is determined by the diagnosis and clinical category in subpart 1, item A, to which the patient has been assigned. General parameters for treatment modalities are set forth in subparts 3 to 10. Specific treatment parameters for each clinical category are set forth in subparts 11 to 16 as follows:

B. In general, a course of treatment must be divided into three phases:

C. A treating health care provider may refer the employee for a consultation at any time during the course of treatment consistent with accepted medical practice.

Subp. 3. Passive treatment modalities.

A. Except as set forth in item B or part 5221.6050, subpart 8, the use of passive treatment modalities in a clinical setting as set forth in items C to H is not indicated beyond 12 calendar weeks after any of the passive modalities in item C to H are initiated. There are no limitations on the use of passive treatment modalities by the employee at home.

C. Adjustment or manipulation of joints includes chiropractic and osteopathic adjustments or manipulations:

F. Acupuncture treatments:

G. Phoresis includes phonopheresis and iontophoresis:

I. Splints, braces, and other movement-restricting appliances. Bracing required for longer than two weeks must be accompanied by active motion exercises to avoid stiffness and prolonged disability:

J. Rest. Prolonged restriction of activity and immobilization are detrimental to a patient's recovery. Total restriction of use of an affected body part should not be prescribed for more than two weeks, unless rigid immobilization is required. In cases of rigid immobilization, active motion exercises at adjacent joints should begin no later than two weeks after application of the immobilization.

Subp. 4. Active treatment modalities.

Active treatment modalities must be used as set forth in items A to D. Use of active treatment modalities may extend past the 12-week limitation on passive treatment modalities so long as the maximum treatment for the active treatment modality is not exceeded.

A. Education must teach the patient about pertinent anatomy and physiology as it relates to upper extremity function for the purpose of injury prevention. Education includes training on posture, biomechanics, and relaxation. The maximum number of treatments is three visits, which include an initial education and training session, and two follow-up visits.

D. Exercise, which is important to the success of a nonsurgical treatment program and a return to normal activity, must include active patient participation in activities designed to increase flexibility, strength, endurance, or muscle relaxation. Exercise must, at least in part, be specifically aimed at the musculature of the upper extremity. While aerobic exercise may be performed as adjunctive treatment this must not be the primary focus of the exercise program. Exercises must be evaluated to determine if the desired goals are being attained. Strength, flexibility, or endurance must be objectively measured. While the provider may objectively measure the treatment response as often as necessary for optimal care, after the initial evaluation the health care provider may not bill for the testing sooner than two weeks after the initial evaluation and monthly thereafter. Subitems (1) and (2) govern supervised and unsupervised exercise, except for computerized exercise programs and health clubs, which are governed by part 5221.6600.

Subp. 5. Therapeutic injections.

Therapeutic injections include injections of trigger points, sympathetic nerves, peripheral nerves, and soft tissues. Therapeutic injections can only be given in conjunction with active treatment modalities directed to the same anatomical site. Use of injections may extend past the 12-week limitation on passive modalities, so long as the maximum treatment for injections in items A to C is not exceeded.

A. Trigger point injections:

B. Soft tissue injections include injections of a bursa, tendon, tendon sheath, ganglion, tendon insertion, ligament, or ligament insertion:

C. Injections for median nerve entrapment at the carpal tunnel:

Subp. 6. Surgery.

Surgery may only be performed if it meets applicable parameters in subparts 11 to 16 and part 5221.6500.

A. In order to optimize the beneficial effect of surgery, postoperative therapy with active and passive treatment modalities may be provided, even if these modalities had been used in the preoperative treatment of the condition. In the postoperative period the maximum treatment duration with passive treatment modalities in a clinical setting from initiation of the first passive modality used, except bedrest or bracing, is as follows:

B. Repeat surgery must also meet the parameters of subparts 11 to 16 and part 5221.6500 and is not indicated unless the need for the repeat surgery is confirmed by a second opinion obtained before surgery, if requested by the insurer.

Subp. 7. Chronic management.

Chronic management of upper extremity disorders must be provided according to the parameters of part 5221.6600.

Subp. 8. Durable medical equipment.

Durable medical equipment is indicated only in the situations specified in items A to D. The health care provider must provide the insurer with prior notification as required in items B and C and part 5221.6050, subpart 9.

A. Splints, braces, straps, or supports may be indicated as specified in subpart 3, item I.

B. For patients using an electrical stimulation device at home, the device and any required supplies are indicated within the parameters of subpart 3, item E. Prior notification of the insurer is required for purchase of the device or for use longer than one month. The insurer may provide the equipment if it is comparable to that prescribed by the health care provider.

C. Exercise equipment for home use, including bicycles, treadmills, and stairclimbers, are indicated only within the context of a program or plan of an approved chronic management program. This equipment is not indicated during initial nonsurgical care or during reevaluation and surgical therapy. Prior notification of the insurer is required for the purchase of home exercise equipment. The insurer may decide which brand of a prescribed type of equipment is provided to the patient. If the employer has an appropriate exercise facility on its premises with the prescribed equipment the insurer may mandate use of that facility instead of authorizing purchase of the equipment for home use.

D. The following durable medical equipment is not indicated for home use for the upper extremity disorders described in subpart 1, item A:

Subp. 9. Evaluation of treatment by health care provider.

The health care provider must evaluate at each visit whether the treatment is medically necessary and whether initial nonsurgical treatment is effective according to items A to C.

No later than the time for treatment response established for the specific modality as specified in subparts 3, 4, and 5, the health care provider must evaluate whether the passive, active, injection, or medication treatment modality is resulting in progressive improvement as specified in items A to C:

B. the objective clinical findings are progressively improving as evidenced by documentation in the medical record of resolution or objectively measured improvement in physical signs of injury; and

C. the employee's functional status, especially vocational activity, is progressively improving, as evidenced by documentation in the medical record, or successive reports of work ability, of less restrictive limitations on activity. If there is not progressive improvement in at least two items in items A to C, the modality must be discontinued or significantly modified or the provider must reconsider the diagnosis. The evaluation of the effectiveness of the treatment modality can be delegated to an allied health professional directly providing the treatment, but remains the ultimate responsibility of the treating health care provider.

Subp. 10. Scheduled and nonscheduled medication.

Subp. 11. Specific treatment parameters for epicondylitis.

A. Initial nonsurgical management is appropriate for all patients with epicondylitis and must be the first phase of treatment.

B. If the patient continues with symptoms and objective physical findings after initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then surgical evaluation or chronic management is indicated. The purpose and goal of surgical evaluation is to determine whether surgery is indicated for the patient who has failed to recover with appropriate nonsurgical care or chronic management.

C. If the patient continues with symptoms and objective physical findings after surgery or the patient refused surgery or the patient was not a candidate for surgery, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management according to part 5221.6600.

Subp. 12. Specific treatment parameters for tendonitis of forearm, wrist, and hand.

A. Except as provided in item B, subitem (3), initial nonsurgical management is appropriate for all patients with tendonitis and must be the first phase of treatment. Any course or program of initial nonsurgical management must meet all of the parameters of subpart 11, item A.

B. If the patient continues with symptoms and objective physical findings after initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then surgical evaluation or chronic management is indicated. Surgical evaluation and surgical therapy must meet all of the parameters of subpart 11, item B, with the modifications in subitems (1) to (3).

C. If the patient continues with symptoms and objective physical findings after surgery, or the patient refused surgery or the patient was not a candidate for surgery, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with tendonitis must meet all of the parameters of part 5221.6600.

Subp. 13. Specific treatment parameters for nerve entrapment syndromes.

A. Initial nonsurgical management is appropriate for all patients with nerve entrapment syndromes, except as specified in subitem (2), and must be the first phase of treatment. Any course or program of initial nonsurgical management must meet all of the parameters of subpart 11, item A, with the following modifications: nonsurgical management may be inappropriate for patients with advanced symptoms and signs of nerve compression, such as abnormal two-point discrimination, motor weakness, or muscle atrophy, or for patients with symptoms of nerve entrapment due to acute trauma. In these cases, immediate surgical evaluation may be indicated.

B. If the patient continues with symptoms and objective physical findings after 12 weeks of initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then surgical evaluation or chronic management is indicated. Surgical evaluation and surgical therapy must meet all of the parameters of subpart 11, item B, with the modifications in subitems (1) to (3).

C. If the patient continues with symptoms and objective physical findings after all surgery, or the patient refused surgery therapy or the patient was not a candidate for surgery therapy, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with nerve entrapment syndromes must meet all of the parameters of part 5221.6600.

Subp. 14. Specific treatment parameters for muscle pain syndromes.

A. Initial nonsurgical management is appropriate for all patients with muscle pain syndromes and must be the first phase of treatment. Any course or program of initial nonsurgical management must meet all of the parameters of subpart 11, item A.

B. Surgery is not indicated for the treatment of muscle pain syndrome.

C. If the patient continues with symptoms and objective physical findings after initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with muscle pain syndrome must meet all of the parameters of part 5221.6600.

Subp. 15. Specific treatment parameters for shoulder impingement syndromes.

A. Initial nonsurgical management is appropriate for all patients with shoulder impingement syndromes without clinical evidence of rotator cuff tear and must be the first phase of treatment. Any course or program of initial nonsurgical management must meet all of the parameters of subpart 11, item A, except as follows:

B. If the patient continues with symptoms and objective physical findings after six months of initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then surgical evaluation or chronic management is indicated. Surgical evaluation and surgical therapy must meet all of the parameters of subpart 11, item B, with the modifications in subitems (1) to (3).

C. If the patient continues with symptoms and objective physical findings after surgery, or the patient refused surgery or was not a candidate for surgery, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management for patients with shoulder impingement syndrome must meet the parameters of part 5221.6600.

Subp. 16. Specific treatment parameters for traumatic sprains and strains of the upper extremity.

A. Initial nonsurgical management must be the first phase of treatment for all patients with traumatic sprains and strains of the upper extremity without evidence of complete tissue disruption. Any course or program of initial nonsurgical management must meet all of the parameters of subpart 11.

B. Surgery is not indicated for the treatment of traumatic sprains and strains, unless there is clinical evidence of complete tissue disruption. Patients with complete tissue disruption may need immediate surgery.

C. If the patient continues with symptoms and objective physical findings after 12 weeks of initial nonsurgical management, and if the patient's condition prevents the resumption of the regular activities of daily life, including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management must meet all of the parameters of part 5221.6600.

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; 35 SR 138; 40 SR 328

Minn. R. 5221.6305 Complex Regional Pain Syndrome (crps); Reflex Sympathetic Dystrophy; and Causalgia of the Upper and Lower Extremities

Subpart 1. Scope.

A. This clinical category encompasses:

B. Reflex sympathetic dystrophy occurs as a complication of another preceding injury. The treatment parameters of this part refer to the treatment of the body part affected by the reflex sympathetic dystrophy. The treatment for any condition not affected by reflex sympathetic dystrophy continues to be subject to whatever treatment parameters otherwise apply. Any treatment under this part for the reflex sympathetic dystrophy may be in addition to treatment received for the original condition.

C. Thermography may be used in the diagnosis of reflex sympathetic dystrophy, but is considered an adjunct to physical examination and is not reimbursed separately from the office visit.

Subp. 2. Initial nonsurgical management.

Initial nonsurgical management is appropriate for all patients with reflex sympathetic dystrophy and must be the first phase of treatment. Any course or program of initial nonsurgical management is limited to the modalities specified in items A to D.

A. Therapeutic injection modalities. The only injections allowed for reflex sympathetic dystrophy are sympathetic block, intravenous infusion of steroids or sympatholytics, or epidural block.

B. Only the passive treatment modalities set forth in subitems (1) to (4) are indicated. These passive treatment modalities in a clinical setting or requiring attendance by a health care provider are not indicated beyond 12 weeks from the first modality initiated for treatment of the reflex sympathetic dystrophy.

C. Active treatment includes supervised and unsupervised exercise. After the first week of treatment, initial nonsurgical management must include exercise. Exercise is essential for a return to normal activity and must include active patient participation in activities designed to increase flexibility, strength, endurance, or muscle relaxation. Exercise must be specifically aimed at the involved musculature. Exercises must be evaluated to determine if the desired goals are being attained. Strength, flexibility, or endurance must be objectively measured. While the provider may objectively measure the treatment response as often as necessary for optimal care, after the initial evaluation the health care provider may not bill for the tests sooner than two weeks after the initial evaluation, and monthly thereafter.

D. The health care provider must document the rationale for the use of any medication. Treatment with medication may be appropriate during any phase of treatment and must comply with all of the applicable parameters in part 5221.6105. The prescribing health care provider must determine that ongoing medication is effective treatment for the patient's condition and that the most cost-effective regimen is used.

Subp. 3. Surgery.

A. Surgical sympathectomy may only be performed in patients who had a sustained but incomplete improvement with sympathetic blocks by injection.

B. Spinal cord stimulators have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

C. Intrathecal drug delivery systems have very limited application and are indicated only if the conditions of subitems (1), (2), and (3) are satisfied.

Subp. 4. Chronic management.

If the patient continues with symptoms and objective physical findings after surgery, or the patient refuses surgery, or the patient was not a candidate for surgery, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. Any course or program of chronic management must satisfy all of the treatment parameters of part 5221.6600.

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; 35 SR 138; 39 SR 286; 40 SR 328

Minn. R. 5221.6400 Inpatient Hospitalization Parameters

Subpart 1. General principles.

A. The health care provider must provide prior notification of inpatient hospital admission for nonemergency care according to part 5221.6050, subpart 9. Hospitalization is characterized as inpatient if the patient spends at least one night in the hospital.

B. Treatment for emergency conditions, including incapacitating pain, should not be delayed to provide the insurer with prior notification. The admitting health care provider should notify the insurer within two business days following an emergency admission, or within two business days after the health care provider learns that it is a workers' compensation injury. The medical necessity for the emergency hospitalization is subject to retrospective review, based on the information available at the time of the emergency hospitalization.

C. Unless the patient's condition requires special care, only ward or semiprivate accommodations are indicated. The admitting health care provider must document the special care needs.

D. Admissions before the day of surgery are indicated only if they are medically necessary to stabilize the patient before surgery. Admission before the day of surgery to perform any or all of a preoperative work-up which could have been completed as an outpatient is not indicated.

E. Inpatient hospitalization solely for physical therapy, bedrest, or administration of injectable drugs is indicated only if the treatment is otherwise indicated and the patient's condition makes the patient unable to perform the activities of daily life and participate in the patient's own treatment and self-care.

F. Discharge from the hospital must be at the earliest possible date consistent with proper health care.

G. If transfer to a convalescent center or nursing home is indicated, prior notification is required as provided for inpatient hospitalization.

Subp. 2. Specific requirements for hospital admission of patients with low back pain.

Hospitalization for low back pain is indicated in the circumstances in items A to D.

A. When the patient experiences incapacitating pain as evidenced by inability to mobilize for activities of daily living, for example unable to ambulate to the bathroom, and in addition, the intensity of service during admission meets the criteria in subitems (1) and (2).

B. For surgery which is otherwise indicated according to part 5221.6500 and is appropriately scheduled as an inpatient procedure.

C. For evaluation and treatment of cauda equina syndrome, according to part 5221.6200, subpart 13.

D. For evaluation and treatment of foot drop or progressive neurologic deficit, according to part 5221.6200, subpart 13.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412

Minn. R. 5221.6500 Parameters for Surgical Procedures

Subpart 1. General.

A. The health care provider must provide prior notification according to part 5221.6050, subpart 9, before proceeding with any elective inpatient surgery.

B. Emergency surgery may proceed without prior notification. The reasonableness and necessity for the emergency surgery is subject to retrospective review based on the information available at the time of the emergency surgery.

C. For treatment on or after October 1, 2015, an ICD-10-CM code that is equivalent to an applicable ICD-9-CM code listed in this part must be used instead of the ICD-9-CM code. The General Equivalence Mappings tool established by the Centers for Medicare and Medicaid Services must be used to determine the equivalent ICD-10-CM code or codes.

Subp. 2. Spinal surgery.

Initial nonsurgical, surgical, and chronic management parameters are also included in parts 5221.6200, low back pain; 5221.6205, neck pain; and 5221.6210, thoracic back pain.

A. Surgical decompression of a lumbar nerve root or roots includes, but is not limited to, the following lumbar procedures: laminectomy, laminotomy, discectomy, microdiscectomy, percutaneous discectomy, or foraminotomy. When providing prior notification for decompression of multiple nerve roots, the procedure at each nerve root is subject independently to the requirements of subitems (1) to (3).

B. Surgical decompression of a cervical nerve root. Surgical decompression of a cervical nerve root or roots includes, but is not limited to, the following cervical procedures: laminectomy, laminotomy, discectomy, foraminotomy with or without fusion. When providing prior notification for decompression of multiple nerve roots, the procedure at each nerve root is subject independently to the requirements of subitems (1) to (3).

C. Lumbar arthrodesis with or without instrumentation.

Subp. 3. Upper extremity surgery.

Initial nonsurgical, surgical, and chronic management parameters for upper extremity disorders are found in part 5221.6300, subparts 1 to 16.

A. Rotator cuff repair:

B. Acromioplasty:

C. Repair of acromioclavicular or costoclavicular ligaments:

D. Excision of distal clavicle:

E. Repair of shoulder dislocation or subluxation (any procedure):

F. Repair of proximal biceps tendon:

G. Epicondylitis. Specific requirements for surgery for epicondylitis are included in part 5221.6300, subpart 11.

H. Tendinitis. Specific requirements for surgery for tendinitis are included in part 5221.6300, subpart 12.

I. Nerve entrapment syndromes. Specific requirements for nerve entrapment syndromes are included in part 5221.6300, subpart 13.

J. Muscle pain syndromes. Surgery is not indicated for muscle pain syndromes.

K. Traumatic sprains and strains. Surgery is not indicated for the treatment of traumatic sprains and strains, unless there is clinical evidence of complete tissue disruption. Patients with complete tissue disruption may need immediate surgery.

Subp. 4. Lower extremity surgery.

A. Anterior cruciate ligament (ACL) reconstruction:

B. Patella tendon realignment or Maquet procedure:

C. Knee joint replacement:

D. Fusion; ankle, tarsal, metatarsal:

E. Lateral ligament ankle reconstruction:

History

Statutory Authority: MS s 14.386; 176.103; 176.135; 176.83
History: 19 SR 1412; 40 SR 328

Minn. R. 5221.6600 Chronic Management

Subpart 1. Scope.

This part applies to chronic management of all types of physical injuries, even if the injury is not specifically governed by parts 5221.6200 to 5221.6500. If a patient continues with symptoms and physical findings after all appropriate initial nonsurgical and surgical treatment has been rendered, and if the patient's condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. The purpose of chronic management is twofold: the patient should be made independent of health care providers in the ongoing care of a chronic condition; and the patient should be returned to the highest functional status reasonably possible.

A. Personality or psychological evaluation may be indicated for patients who are candidates for chronic management. The treating health care provider may perform this evaluation or may refer the patient for consultation with another health care provider in order to obtain a psychological evaluation. These evaluations may be used to assess the patient for a number of psychological conditions which may interfere with recovery from the injury. Since more than one of these psychological conditions may be present in a given case, the health care provider performing the evaluation must consider all of the following:

B. Any of the chronic management modalities of subpart 2 may be used singly or in combination as part of a program of chronic management.

C. No further passive treatment modalities or therapeutic injections are indicated, except as otherwise provided in parts 5221.6200, subpart 3, item B; 5221.6205, subpart 3, item B; 5221.6210, subpart 3, item B; and 5221.6300, subpart 3, item B.

D. No further diagnostic evaluation is indicated unless there is the development of symptoms or physical findings which would in themselves warrant diagnostic evaluation.

E. A program of chronic management must include appropriate means by which use of scheduled medications can be discontinued or severely limited.

Subp. 2. Chronic management modalities.

The health care provider must provide prior notification of the chronic management modalities in items B to F according to part 5221.6050, subpart 9. Prior notification is not required for home-based exercises in item A, unless durable medical equipment is prescribed for home use. The insurer may not deny payment for a program of chronic management that the insurer has previously authorized for an employee, either in writing or by routine payment for services, without providing the employee and the employee's health care provider with at least 30 days' notice of intent to apply any of the chronic management parameters in part 5221.6600 to future treatment. The notice must include the specific parameters that will be applied in future determinations of compensability by the insurer.

A. Home-based exercise programs consist of aerobic conditioning, stretching and flexibility exercises, and strengthening exercises done by the patient on a regular basis at home without the need for supervision or attendance by a health care provider. Maximum effectiveness may require the use of certain durable medical equipment that may be prescribed and reimbursed within any applicable treatment parameters in parts 5221.6200 to 5221.6305.

B. Health clubs:

C. Computerized exercise programs utilize computer controlled exercise equipment that allows for the isolation of specific muscle groups and the performance of graded exercise designed to increase strength, tone, flexibility, and range of motion. In combination with computerized range of motion or strength measuring tests, these programs allow for quantitative measurement of effort and progress.

D. Work conditioning and work hardening programs are intensive, highly structured, job oriented, individualized treatment plans based on an assessment of the patient's work setting or job demands, and designed to maximize the patient's return to work. These programs must include real or simulated work activities. Work conditioning is designed to restore an individual's neuromusculoskeletal strength, endurance, movement, flexibility, and motor control, and cardiopulmonary function. Work conditioning uses physical conditioning and functional activities related to the individual's work. Services may be provided by one discipline of health care provider. Work hardening is designed to restore an individual's physical, behavioral, and vocational functions within an interdisciplinary model. Work hardening addresses the issues of productivity, safety, physical tolerances, and work behaviors. An interdisciplinary team includes professionals qualified to evaluate and treat behavioral, vocational, physical, and functional needs of the individual.

E. Chronic pain management programs consist of multidisciplinary teams who provide coordinated, goal-oriented services to reduce pain disability, improve functional status, promote return to work, and decrease dependence on the health system of persons with chronic pain syndrome. Pain management programs must provide physical rehabilitation, education on pain, relaxation training, psychosocial counseling, medical evaluation, and, if indicated, chemical dependency evaluation. The program of treatment must be individualized and based on an organized evaluative process for screening and selecting patients. Treatment may be provided in an inpatient setting, outpatient setting, or both as appropriate.

F. Individual or group psychological or psychiatric counseling.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412

Minn. R. 5221.6700 Post-Traumatic Stress Disorder

Subpart 1. Scope.

A. Pursuant to Minnesota Statutes, section 176.83, subdivision 5, paragraph (b), clause (8), this part establishes standards and procedures for treatment of patients with a compensable mental impairment of post-traumatic stress disorder (PTSD) as defined in Minnesota Statutes, section 176.011, subdivision 15, paragraph (d). This part does not affect any determination of liability for an injury under Minnesota Statutes, chapter 176, and does not expand or restrict a health care provider's scope of practice.

B. This part applies to all outpatient treatment provided for PTSD after May 4, 2020, regardless of the date of injury.

C. This part does not apply to treatment of an injury after a payer has denied primary liability for the injury. However, if primary liability is later accepted or determined, this part does apply to treatment initiated after primary liability has been established.

D. References to days and weeks in this part means calendar days and weeks unless otherwise specified.

E. Parts 5221.6050, subparts 1, item C; 2; 4; 5; 6, items A and C; and 7, items A and D, and 5221.8900 apply to the treatment standards established in this part. The departures listed in part 5221.6050, subpart 8, do not apply to this part.

Subp. 2. Definitions.

A. The definitions in this subpart apply to this part.

B. Unless otherwise defined in this subpart, the definitions of the psychotherapy treatment modalities in subpart 5 are as provided in Appendix A - Description of Treatments and Strength of Recommendations - of the American Psychological Association's Clinical Practice Guideline for the Treatment of Posttraumatic Stress Disorder in Adults, which is incorporated by reference in subpart 12.

Subp. 3. Diagnosis and initial evaluation.

A. The diagnosis of PTSD must be made by a licensed psychologist or psychiatrist according to the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association, as required by Minnesota Statutes, section 176.011, subdivision 15, paragraph (d). As of May 4, 2020, the most current edition is the fifth edition (DSM-5), which is incorporated by reference in subpart 12.

B. A mental health care provider must complete an initial evaluation that includes a determination of:

Subp. 4. Treatment plan.

A. Prior to providing psychotherapy treatment under subpart 5, a mental health care provider must:

B. The assessment described in item A, subitem (1), unit (c), must be conducted using a tool validated in peer-reviewed scientific literature for the assessment of PTSD symptoms and functional status. When available, assessment tools must be based on the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association. Examples of acceptable assessment tools for the DSM-5 are the PTSD Symptom Scale - Interview for DSM-5 (PSS-I-5), the PTSD Scale - Self Report for DSM-5 (PS-SR5), the Clinician-Administered PTSD Scale for DSM-5 (CAPS-5), and the PTSD Checklist for DSM-5 (PCL-5).

C. The assessment required by item A, subitem (1), unit (c), provides the baseline for determining the progress of the treatment as described in subpart 5, item C.

D. If the mental health care provider establishing the treatment plan in item A is not the same provider who completed the initial evaluation in subpart 3, item B, the provider must review and consider that initial evaluation before establishing a treatment plan under this subpart.

Subp. 5. Psychotherapy treatment.

A. The following trauma-focused psychotherapy treatment modalities are indicated for the treatment of PTSD singularly, concurrently, or simultaneously:

B. All psychotherapy treatment modalities under item A must be provided by a mental health care provider who is trained to treat PTSD with the modality or modalities they are using to treat the patient. The provider must retain documentation of the training. Treatment for PTSD under item A is not indicated more than two times per week, except to provide emergency treatment as defined in part 5221.6040, subpart 5.

C. At least once every two weeks while a patient is receiving psychotherapy treatment under this subpart, the psychotherapy provider must:

Subp. 6. Duration of psychotherapy treatment.

A. A period of psychotherapy treatment begins with the first time a modality is initiated under this part, and ends 16 weeks later. Additional modalities added during the 16 weeks do not extend a period of psychotherapy treatment. Subject to the requirements of this part, there is no limit to the number of periods of psychotherapy treatment a patient may receive.

B. An additional period of treatment is indicated only if the provider determines the patient continues to meet the criteria for PTSD described in the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders, and the requirements of items C to E are satisfied.

C. A complete psychological assessment is indicated for a patient who does not complete a period of psychotherapy treatment and continues to meet the criteria for PTSD, or who continues to meet the criteria for PTSD after the conclusion of a period of treatment. This assessment is not necessary if a complete psychological assessment has already been completed within the previous year, or if one or more of the indications for an additional period of treatment described in item E apply.

D. The psychological assessment required by item C must include the use of objective testing such as the most current version of the Minnesota Multiphasic Personality Inventory. The goal of the assessment is to determine if the patient has any new or unresolved comorbid psychological conditions that are preventing the successful treatment of PTSD. If identified, these comorbidities must be addressed or treated prior to the patient resuming psychotherapy treatment for PTSD or, if appropriate, addressed or treated concurrently with an additional period of treatment for PTSD.

E. An additional period of psychotherapy treatment is indicated in the following circumstances, without the need for a complete psychological assessment:

Subp. 7. Prior notification.

A. The provider must give prior notice to the payer of each additional 16-week period of psychotherapy treatment. The provider must also give prior notice of any psychotherapy treatment with a modality other than those indicated in subpart 5, item A, subitems (1) to (7). The prior notice may be made orally or in writing, must be provided at least seven working days before the treatment begins, and must include:

B. The payer must respond within seven working days of receipt of the notification in item A by either approving the treatment, denying the treatment, scheduling a medical examination under Minnesota Statutes, section 176.155, or requesting additional information including an updated treatment plan. If the provider does not receive a response from the payer within the seven working days, the payer has deemed to have given authorization. If the payer authorizes treatment, it may not later deny payment for the authorized treatment. A payer must respond within seven working days of receiving additional information, if requested. Payers may delegate their obligations under this subpart to their certified managed care plan, if applicable.

C. If treatment is denied, the provider or the employee may file with the commissioner a medical request under part 5221.6050, subpart 7, item C. If treatment is denied or if a medical examination under Minnesota Statutes, section 176.155, is scheduled, a provider may proceed with the proposed treatment subject to a later determination of compensability by the commissioner or compensation judge. If the employer has contracted with a certified managed care plan, the plan's dispute resolution process must be completed before a medical request is filed pursuant to Minnesota Statutes, section 176.1351.

Subp. 8. Change of provider.

A. A patient must not change the mental health care provider who is providing the patient with psychotherapy treatment under subpart 5 more than once within the first 60 days of the patient's first period of psychotherapy treatment. After the first 60 days of psychotherapy treatment under subpart 5, the patient must not change the patient's provider except as provided by part 5221.0430. For purposes of this part, the requirements of part 5221.0430, subparts 2 to 4, governing the change of a patient's primary care provider also apply to the change of a patient's mental health care provider when a treatment plan established under subpart 4 has been initiated.

B. Treatment received prior to the change of provider under item A is not included in the 16-week duration limit for a period of psychotherapy treatment described in subpart 6, item A.

Subp. 9. Treatment with medication.

A. If a patient is not receiving psychotherapy treatment under subpart 5, a health care provider must evaluate whether the patient would benefit from psychotherapy treatment before prescribing medication for PTSD. The provider must communicate the evaluation to the patient. Treatment of PTSD with medication is indicated as provided in this subpart.

B. The following medications are indicated for the initial treatment of PTSD:

C. If the medications in item B are contraindicated for the patient, produce undesirable side effects, or do not decrease the severity of PTSD symptoms, the following medications are indicated for treatment of PTSD:

D. The following requirements must be met while treating PTSD:

E. Benzodiazepines are not indicated for treatment of PTSD.

Subp. 10. Documentation.

A health care provider must clearly document the following information in the patient's medical record or other report:

A. the diagnosis and initial evaluation under subpart 3;

B. the treatment plan under subpart 4;

C. the biweekly evaluation under subpart 5, item C, including any work restrictions;

D. the basis for any additional periods of psychotherapy treatment under subpart 6, including any psychological assessments or indications for additional periods of treatment without assessment and determinations that the patient continues to meet DSM criteria;

E. the evaluation of potential psychotherapy treatment performed prior to prescribing medication under subpart 9, item A; and

F. any medications prescribed under subpart 9, including the basis for any medications prescribed under subpart 9, item C.

Subp. 11. Patients currently receiving treatment.

For a patient receiving treatment for PTSD prior to May 4, 2020, a payer must provide written notice of the requirements of this part to the patient, the patient's attorney of record, and the patient's treating health care providers before denying payment based on this part. A payer must not deny payment based on failure to comply with this part until 90 days after the written notice has been provided.

Subp. 12. Incorporation by reference.

A. The Diagnostic and Statistical Manual of Mental Disorders, fifth edition (DSM-5), and any updates, including errata and coding updates, is incorporated by reference. DSM-5 is copyrighted by the American Psychiatric Association and is not subject to frequent change. It is published by American Psychiatric Publishing, Inc. (APPI), and may be purchased from them by calling 800-368-5777 or by ordering online at the APPI website. It is available through the Minitex interlibrary loan system and from other bookstores and online retailers.

B. The Clinical Practice Guideline for the Treatment of Posttraumatic Stress Disorder in Adults and its appendices, adopted by the American Psychological Association as APA Policy on February 24, 2017, and any updates, are incorporated by reference. It is not copyrighted and is not subject to frequent change. It is available online at http://www.apa.org/ptsd-guideline/.

History

Statutory Authority: MS s 176.83
History: 44 SR 1266

Minn. R. 5221.8900 Disciplinary Action; Penalties

Subpart 1. Discipline.

A health care provider is subject to disciplinary action under Minnesota Statutes, section 176.103, for failure to comply with the requirements in parts 5221.6010 to 5221.6600 or the violation of any of the provisions of Minnesota Statutes, chapter 176, or other rules or orders issued pursuant thereto.

Subp. 2. Complaints.

Complaints about professional behavior or services of health care providers relating to noncompliance with established workers' compensation laws, rules, or orders shall be made in writing to the commissioner. The commissioner or a designee shall assist a person in filing a complaint, if necessary. A complaint may be submitted by any person who becomes aware of a violation, including designees of the commissioner, administrative law judges, and presiding officials at judicial proceedings.

Subp. 3. Review and investigation.

The commissioner shall investigate all complaints to determine whether there has been a violation of established workers' compensation laws, rules, or orders. The commissioner may refer a matter to another agency that has jurisdiction over the provider's license or conduct, or to an agency that has prosecuting authority in the event of suspected theft or fraud or to a peer review organization for an opinion. Absent suspected theft or fraud, providing treatment outside a parameter set forth in parts 5221.6020 to 5221.6500 shall not in itself result in a referral to a prosecuting authority.

If an investigation indicates that discipline may be warranted, the commissioner shall determine whether the violation involves inappropriate, unnecessary, or excessive treatment, or whether the violation involves other statutes or rules. The commissioner shall take appropriate action according to subpart 6, 7, or 8.

Subp. 4. Cooperation with disciplinary proceedings.

A health care provider who is the subject of a complaint investigated by the commissioner under Minnesota Statutes, section 176.103, shall cooperate fully with the investigation. Cooperation includes, but is not limited to, responding fully and promptly to any questions raised by the commissioner relating to the subject of the investigation and providing copies of records, reports, logs, data, and cost information as requested by the commissioner to assist in the investigation. The health care provider shall not charge for services but may charge for the cost of copies of medical records, at the rate set in part 5219.0300, subpart 2, for this investigation. Cooperation includes attending, in person, a meeting scheduled by the commissioner for the purposes of subpart 5. This subpart does not limit the health care provider's right to be represented by an attorney.

Subp. 5. In-person meeting.

When conferring with the parties to a complaint is deemed appropriate, the commissioner shall schedule a meeting for the purpose of clarification of issues, obtaining information, instructing parties to the complaint, or for the purpose of resolving disciplinary issues.

Subp. 6. Resolution by instruction or written agreement.

The commissioner may resolve a complaint through instruction of a provider, or may enter into stipulated consent agreements regarding discipline with a provider in lieu of initiating a contested case or medical services review board proceeding.

Subp. 7. Inappropriate, unnecessary, or excessive treatment.

A. Except as otherwise provided in subparts 3 and 6, if the suspected violation involves a treatment standard set forth in parts 5221.6020 to 5221.6500 the commissioner must refer the health care provider to the medical services review board for review under Minnesota Statutes, section 176.103, subdivision 2, if:

B. Where the medical service review board's report to the commissioner indicates a violation of treatment standards or other inappropriate, unnecessary, or excessive treatment the commissioner shall order a sanction. Sanctions may include, but are not limited to, a warning; a fine of up to $200 per violation; a restriction on providing treatment; requiring preauthorization by the board, the payor, or the commissioner for a plan of treatment; and suspension from receiving compensation for the provision of treatment.

C. Within 30 days of receipt of the order of sanction, the health care provider may request in writing a review by the commissioner of the sanction in accordance with the procedure set forth in Minnesota Statutes, section 176.103, subdivision 2a. Within 30 days following receipt of the compensation judge's decision reviewing the sanction, a provider may petition the Workers' Compensation Court of Appeals for review according to the procedures in Minnesota Statutes, section 176.103, subdivision 2a.

Subp. 8. Violations of statutes and rules other than those involving inappropriate, unnecessary, or excessive treatment.

If the suspected violation warranting discipline involves a statute or rule other than treatment standards, the commissioner shall initiate a contested case hearing for disciplinary action under Minnesota Statutes, section 176.103, subdivision 3, paragraph (b), and the administrative procedure act in Minnesota Statutes, chapter 14.

A. Upon petition of the commissioner and following receipt of the recommendation of the administrative law judge, the medical services review board may issue a fine of up to $200 for each violation, or disqualify or suspend the health care provider from receiving payment for services, according to Minnesota Statutes, section 176.103, subdivision 3, paragraph (b).

B. Within 30 days after service of the board's decision, a provider may petition the Workers' Compensation Court of Appeals for review according to Minnesota Statutes, section 176.421.

Subp. 9. Penalties.

In addition to disciplinary action under subparts 1 to 8, the commissioner may assess a penalty under part 5220.2810 if a health care provider fails to release existing written medical data according to Minnesota Statutes, section 176.138. A penalty may also be assessed under part 5220.2830 and Minnesota Statutes, section 176.231, subdivision 10, if a health care provider fails to provide reports required by part 5221.0410.

History

Statutory Authority: MS s 176.103; 176.83
History: 19 SR 1412

Chapter 5222 REIMBURSEMENT; COVERAGE; LOGGERS FUND

Minn. R. 5222.0100 Definitions

Subpart 1. Generally.

As used in this chapter, the following terms have the meanings given them.

Subp. 2. Commissioner.

"Commissioner" means commissioner of the Department of Labor and Industry.

Subp. 3. Proposed effective date of permanent total disability.

"Proposed effective date of permanent total disability" is the date, supported by documented medical reports and/or rehabilitation reports, on which the employer or insurer and employee agree that permanent total disability began.

Subp. 3a. Proposed effective date of offset.

"Proposed effective date of offset" is the date when the statutory requirements have been met and the insurer proposes to take the offset, the employee has been paid $25,000 in permanent total disability benefits after the date of permanent total disability, and the employee is simultaneously receiving a government benefit as defined in subpart 4.

Subp. 4. Government disability benefits.

"Government disability benefits" means disability benefits paid by any government disability program within the meaning of Minnesota Statutes, section 176.101, subdivision 4. It includes, but is not limited to, social security disability benefits, old age and survivor benefits, fire relief association benefits, police relief association benefits, and public employee's retirement benefits.

Subp. 5.

[Repealed, 15 SR 1846]

Subp. 6. Rehabilitation plan.

"Rehabilitation plan" means the plan established for the employee pursuant to Minnesota Statutes, section 176.102.

Subp. 7. Supplementary benefits.

"Supplementary benefits" means benefits paid pursuant to Minnesota Statutes, section 176.132.

Subp. 8.

[Repealed, 15 SR 1846]

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846

Minn. R. 5222.0200 Authority and Purpose

Parts 5222.0100 to 5222.1000 are promulgated pursuant to the authority granted to the commissioner by Minnesota Statutes, sections 176.132, subdivision 4, 175.17, clause (2), and 176.83. The purpose of these parts is to specify the procedure by which an employer may apply for an administrative finding of permanent total disability in order to obtain reimbursement for supplementary benefits pursuant to Minnesota Statutes, section 176.132.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846

Minn. R. 5222.0300 Scope

Parts 5222.0100 to 5222.1000 apply only if all of the following prerequisites are met:

A. The employee is and has been receiving disability benefits under Minnesota Statutes, section 176.101, subdivision 1, 3a, or 4, without substantial interruption by suitable gainful employment after the proposed effective date of permanent total disability.

B. The employee is receiving government disability benefits.

C. The employee will be eligible for supplementary benefits after a finding of permanent total disability is made and the waiting period requirements of Minnesota Statutes, section 176.132, subdivision 1, are met.

D. The issue of whether the employee's total disability is permanent for the period on or after the proposed effective date of permanent total disability is not pending and has not been decided in any judicial or quasi-judicial administrative proceeding, including administrative conferences under Minnesota Statutes, section 176.239.

E. The employer or insurer and employee agree that the employee's total disability is permanent within the meaning of Minnesota Statutes, section 176.101, subdivision 5, and applicable case law.

F. The employer or insurer and employee agree to the date on which the employee's permanent total disability began.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846

Minn. R. 5222.0400 Procedure

Subpart 1. Generally.

The employer or insurer must comply with the procedures set forth in this part by submitting a signed agreement to the commissioner for a finding of permanent total disability.

Subp. 2. Contents of agreement.

This agreement must state:

A. the name of the employee;

B. the employee's Social Security number or workers' compensation identification number assigned by the department;

C. the name of the employer;

D. the insurer of the employer, or that the employer is self-insured;

E. the date of the injury which gave rise to permanent total disability;

F. the date on which the employee became permanently totally disabled;

G. the date on which the employee became eligible for government disability benefits;

H. the date on which the employer or insurer will apply the offset;

I. the names of the medical and vocational providers submitting the reports showing the employee is permanently totally disabled as of the date stated in item F and the dates of those reports;

J. the status of the rehabilitation plan as active, inactive, or nonexistent; and

K. the signatures of the employer or insurer and the employee.

Subp. 3.

[Repealed, 15 SR 1846]

Subp. 4. Filing of medical reports.

Any medical reports which are identified pursuant to subpart 2, item I, but have not been previously filed with the commissioner, must be attached to the agreement.

Subp. 5. Filing of rehabilitation reports.

Any reports of qualified rehabilitation consultants which have not been previously filed with the commissioner must be attached to the agreement.

Subp. 6. Benefit amounts.

The agreement must state the amount of weekly benefits currently received by the employee for government disability, total disability, and supplementary benefits. The agreement must also state the amount of each of these benefits which will be received by the employee if the agreement is approved.

Subp. 7. Signing of agreement.

The agreement must be signed by an authorized representative of the employer or of the employer's insurer. It must also state the telephone number of each person signing the agreement.

Subp. 8. Instructions to employee.

The employer or insurer must mail two copies of the agreement with instructions to the employee and, if represented, a copy to the employee's attorney by first class mail, and must so affirm.

Subp. 9. Filing with commissioner.

A copy signed by the employee must be filed with the commissioner before action will be taken on the request.

History

Statutory Authority: MS s 14.388; 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846; 35 SR 2015

Minn. R. 5222.0500 Approval by Commissioner

An agreement is deemed approved upon the signature of the commissioner. Approval by the commissioner constitutes a finding of the employee's permanent total disability as of the proposed effective date of permanent total disability. The commissioner must approve an agreement unless grounds for disapproval exist pursuant to part 5222.0600.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846

Minn. R. 5222.0600 Disapproval by Commissioner

An agreement for a finding of permanent total disability shall be disapproved if any of the following grounds are present:

A. The agreement is incomplete, is inaccurate, or is not in conformity with any provision of parts 5222.0100 to 5222.1000. For example, the submission of medical reports which fail to show that the employee is permanently totally disabled on and after the proposed date of the permanent total disability renders an agreement incomplete and inaccurate and not in conformity with the rules. Agreements which are disapproved on any of these grounds may be resubmitted under the procedure authorized in part 5222.0400.

B. The employer or insurer has not complied with the provisions of Minnesota Statutes, section 176.102, regarding the provision of rehabilitation services to the employee. This shall apply only if the injury giving rise to total disability occurred on or after October 1, 1979.

C. The commissioner concludes that the medical and rehabilitation reports do not support the assertion that the employee's total disability is permanent within the meaning of Minnesota Statutes, section 176.101, subdivision 5, and applicable case law.

D. The commissioner concludes that the available information does not support the proposed effective date of the employee's permanent total disability.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846

Minn. R. 5222.0650 Notice of Decision

A copy of the decision approving or disapproving the agreement will be mailed to each party within 30 days of the receipt by the Special Compensation Fund of a complete agreement under part 5222.0400.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 15 SR 1846

Minn. R. 5222.0700 Effect of Disapproval

Disapproval of an agreement by the commissioner is without prejudice to a party's right to petition for a hearing pursuant to Minnesota Statutes, section 176.305, for a finding or revision of a finding of permanent total disability.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 8 SR 1898; 15 SR 1846

Minn. R. 5222.0750 Effect of Approval

Approval of an agreement by the commissioner constitutes a final order determining permanent total disability.

History

Statutory Authority: MS s 175.17; 176.132; 176.83
History: 15 SR 1846

Minn. R. 5222.0800 [Repealed, 15 SR 1846]

[Repealed, 15 SR 1846]

Minn. R. 5222.0900 Severability

If any provision of this chapter is held to conflict with a governing statute, applicable provisions of the Minnesota Administrative Procedure Act, or other relevant law; to exceed the statutory authority conferred; to lack a reasonable relationship to statutory purposes or to be unconstitutional, arbitrary, or unreasonable; or to be invalid or unenforceable for any other reason; the validity and enforceability of the remaining provisions of the chapter shall in no manner be affected.

History

Statutory Authority: MS s 176.132; 176.83
History: 8 SR 1898

Minn. R. 5222.1000 Effective Date

Parts 5222.0100 to 5222.0900 shall apply to requests for reimbursement of supplementary benefits filed on or after February 27, 1984.

History

Statutory Authority: MS s 176.132; 176.83
History: 8 SR 1898

Minn. R. 5222.2000 Purpose

Parts 5222.2000 to 5222.2006 govern the filing by insurers of insurance coverage notices under Minnesota Statutes, section 176.185. Those parts apply to endorsements; binders; notices of new policy issuance, cancellation, expiration, termination, intent to provide insurance, policy reinstatement, and corrections; and similar documents relating to policy coverage.

History

Statutory Authority: MS s 176.185; 176.83
History: 11 SR 1505

Minn. R. 5222.2001 Contents of Notice

Subpart 1. Form.

Notices relating to policy coverage shall be filed on forms prescribed by the commissioner or as provided in subpart 2. All notices submitted must be typewritten, machine printed, on computer magnetic tape in an approved format, or via electronic transmission using an approved format and protocol as authorized by the commissioner under Minnesota Statutes, section 176.285.

Subp. 2. Use of declaration sheets.

An insurer's policy declaration sheet or insurance binder may be used in place of forms prescribed by the commissioner if the declaration contains at least the following information:

A. Type of action, such as new policy, correction, binder, reinstatement, expiration, cancellation, termination, or notice of intent to provide insurance.

B. Employer's legal name.

C. Every dba (doing business as) name used by the employer.

D. Employer's legal form of ownership, such as corporation, partnership, limited partnership, or government entity. All owners or partners must be specifically named. In limited partnerships, only the general partners must be identified.

E. Employer's complete mailing address, including zip code.

F. Nature of employer's business.

G. Policy number.

H. Effective and expiration dates of policy.

I. Name of carrier.

J. Carrier office issuing the policy.

K. Type of cancellation, if applicable.

L. Reason for cancellation, if applicable.

M. Effective date of cancellation, if applicable.

N. Every employer's federal employer identification number (FEIN) and unemployment account number.

Subp. 3. Filing not accepted.

Notices not in compliance with this part will not be accepted for filing.

Subp. 4. Data contract.

A party who contracts with the commissioner for the collection of appropriate insurance coverage data under Minnesota Statutes, section 176.185, subdivision 10, must enter the data elements required subpart 2, and other data elements according to the terms of the contract, in an insurance coverage data base.

History

Statutory Authority: MS s 14.388; 176.185; 176.83
History: 11 SR 1505; 17 SR 3364; 35 SR 2015

Minn. R. 5222.2002 Place of Filing

All notices required by Minnesota Statutes, section 176.185 shall be filed with the commissioner's contract designee for this purpose, the Minnesota Workers' Compensation Insurers Association, Inc. (MWCIA). This part applies to all insurers licensed to write workers' compensation insurance in Minnesota, including insurers who are not members of the MWCIA. MWCIA shall function only as a repository for data collection and processing; any issues regarding the adequacy, timeliness, or other aspects of the filing are to be addressed to the commissioner.

History

Statutory Authority: MS s 176.185; 176.83
History: 11 SR 1505

Minn. R. 5222.2003 Time for Filing Notice

Subpart 1. Policy issuance.

Notice of coverage must be filed by the insurer within ten days of issuance (effective date) of a policy or 20 days of issuance (effective date) of a binder or acceptance of an employer's application for insurance, whichever is earlier.

Subp. 2. Cancellation.

Notice of cancellation, termination, or expiration must be filed by the insurer at the same time that notice is given to the insured, or, if cancellation is initiated by the insured, upon receipt of notice from the insured. The policy shall remain in effect for 30 days after the insurer's filing of notice, or, if sooner, until another policy or binder is issued by the same carrier or a different carrier.

Subp. 3. Receipt of notice.

Filing is effective upon receipt by the Minnesota Workers' Compensation Insurers Association, Inc. (MWCIA) of a notice that complies with part 5222.2001. Notices received by the commissioner will be forwarded to the MWCIA and will not become effective until received by that organization.

Subp. 4. Failure to timely file.

If an insurer fails to file timely notice, other than a notice of cancellation, termination, or expiration provided for in subpart 2, as required by parts 5222.2000 to 5222.2006 on five percent of all policies for which such notices are due in any calendar month, if greater than five notices, it shall be subject to the sanctions described below. If the commissioner determines that an insurer has exceeded this percentage on more than one occasion in any 12-month period, the commissioner shall issue a warning letter advising the insurer of its responsibilities under the law, and the effect of future noncompliance.

If the commissioner determines that an insurer has exceeded this percentage on more than two occasions in any 12-month period, the commissioner may require the insurer to provide to the commissioner a written description of the steps the insurer will take to implement changes in the insurer's notice filing procedures to prevent future untimely delays and periodic written reports as to the progress and success of the implementation of such procedures.

If the commissioner determines that an insurer has exceeded this percentage on more than four occasions in any 12-month period, the commissioner may in addition to the other actions identified in this subpart notify the Department of Commerce and request a review of the insurer's authority to write workers' compensation insurance in Minnesota. This subpart does not affect the insurer's continued liability on the policy, as determined by law, for failure to timely file.

History

Statutory Authority: MS s 176.185; 176.83
History: 11 SR 1505

Minn. R. 5222.2004 Effect of Filing

Filing with the Minnesota Workers' Compensation Insurers Association, Inc. under parts 5220.2000 to 5220.2006 is deemed a filing with the commissioner for purposes of Minnesota Statutes, section 176.185, subdivision 1. Filing under this part is not notice to the employer under Minnesota Statutes, sections 176.181 and 176.185.

History

Statutory Authority: MS s 176.185; 176.83
History: 11 SR 1505

Minn. R. 5222.2005 Cancellation of Subsidiary Coverage

If a single policy covers a parent corporation and its subsidiaries, a cancellation or endorsement must be filed even if the policy for the parent is to continue. The notice must specify that the subsidiary is canceled and the parent remains covered. If a new subsidiary is added to the policy, an endorsement to the declaration sheet must be filed.

History

Statutory Authority: MS s 176.185; 176.83
History: 11 SR 1505

Minn. R. 5222.2006 Coverage

Parts 5222.2000 to 5222.2006 shall apply to all filings required by Minnesota Statutes, section 176.185 on or after March 1, 1987.

History

Statutory Authority: MS s 176.185; 176.83
History: 11 SR 1505

Minn. R. 5222.3000 Definitions

Subpart 1. Scope.

For the purposes of parts 5222.3000 to 5222.3007, the following terms have the meanings given them.

Subp. 2. Full-time logger.

"Full-time logger" means a logger who is employed for at least 100 hours in each of three different months during a calendar year.

Subp. 3. Logger.

"Logger" has the meaning given it in Minnesota Statutes, section 176.130, subdivision 1, paragraph (b).

Subp. 4. Purchaser.

"Purchaser" has the meaning given it in Minnesota Statutes, section 176.130, subdivision 3.

Subp. 5. Qualified employer.

"Qualified employer" has the meaning given it in Minnesota Statutes, section 176.130, subdivision 1, paragraph (f).

Subp. 6. Woodmill.

"Woodmill" has the meaning given it in Minnesota Statutes, section 176.130, subdivision 1, paragraph (d).

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Minn. R. 5222.3001 Authority, Purpose, and Electronic Filing

Subpart 1. Authority and purpose.

Parts 5222.3000 to 5222.3007 are adopted pursuant to the authority granted to the commissioner by Minnesota Statutes, sections 175.17, 176.130, and 176.83. The purpose of parts 5222.3000 to 5222.3007 is to specify the procedures by which woodmills and qualified employers report to the commissioner for the purpose of administering and implementing the provisions of Minnesota Statutes, section 176.130.

Subp. 2. Electronic filing.

Where parts 5222.3000 to 5222.3007 or Minnesota Statutes, section 176.130, authorize or require a document to be filed with the commissioner, department, or division, the commissioner is authorized to allow or require the document to be filed electronically in the manner and format specified by the commissioner under Minnesota Statutes, section 176.285.

History

Statutory Authority: MS s 14.388; 175.17; 176.83
History: 15 SR 1847; 35 SR 2015

Minn. R. 5222.3002 Annual Reporting by Woodmill

Subpart 1. Content of report.

Each woodmill shall make an annual report, as provided in Minnesota Statutes, section 176.130, subdivision 5, paragraph (a), on a form prescribed by the commissioner, including the following:

A. name and address of woodmill;

B. federal and state employer identification numbers of woodmill;

C. reporting period dates;

D. total number of cords purchased or acquired in the preceding calendar year per species of wood;

E. supporting documentation or other information requested by the commissioner; and

F. payment of assessment as provided in Minnesota Statutes, section 176.130, subdivision 4.

Subp. 2. Conversion formulas.

For purposes of reporting under subpart 1, item E, where the woodmill uses a measurement other than by cord, the following conversion formulas shall apply:

A. 4,500 pounds of cut logs or tree-length timber equals one cord;

B. 500 board feet of saw logs or bolts equals one cord; and

C. 6,000 pounds of whole tree chips equals one cord.

Subp. 3. Incomplete reports.

Reports not in compliance with this part will not be accepted for filing and do not satisfy reporting or payment requirements.

Subp. 4. Extensions.

Requests by woodmills for extension of the time for reporting and making payment will be granted within seven days of receipt by the commissioner, only in rare cases where:

A. the request is made in writing;

B. the request is received by the commissioner before the reporting due date;

C. the request is based on circumstances beyond the control of the woodmill; and

D. the commissioner determines the extension period is reasonable.

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Minn. R. 5222.3003 Failure to Make Payment of Assessment; Penalty

Subpart 1. Due date.

The due date for payment of the annual assessment by a woodmill is February 15 for the previous calendar year.

Subp. 2. Basis.

A penalty will be assessed under Minnesota Statutes, section 176.129, subdivision 10, where, on or before the due date, either:

A. the payment of the assessment is not received by the commissioner; or

B. a request for extension is not approved.

Subp. 3. Amount.

Within 60 days of the due date, the commissioner will give notice of penalty to woodmills who have not made, without an approved extension, timely and full payment of the assessment. The amount of the penalty shall be either:

A. (1) five percent of the assessment payments due, if received by the commissioner late but not more than ten days after the due date;

B. $500, whichever is greater.

Subp. 4. Payment to.

Both the assessment payment and any penalty due under this part and part 5222.3004 are payable to the special compensation fund.

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Minn. R. 5222.3004 False Reporting by Woodmill

Pursuant to Minnesota Statutes, section 176.130, subdivision 9, any woodmill that makes a false report for the purposes of evading payment of the assessment, or any part of it, shall be penalized in an amount equal to 50 percent of the assessment due. For purposes of this penalty "false report" includes, but is not limited to, a failure to file the report by the due date. If a woodmill fails to file within 30 days of a request by the department, the failure to file will be presumed to be for the purpose of evading payment of the assessment.

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Minn. R. 5222.3005 Proof of Coverage

Subpart 1. Generally.

Purchasers of wood from the logging industry must, pursuant to Minnesota Statutes, section 176.130, subdivision 3, obtain from the logger, and submit to the special compensation fund, within 14 days of receipt of the information by the purchaser, certification of compliance with the mandatory insurance requirement of Minnesota Statutes, chapter 176.

Subp. 2. Obtaining proof.

Certification of coverage shall be obtained by the purchaser, on a form prescribed by the commissioner, when the purchaser and the logger enter into a contract for the purchase of wood.

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Minn. R. 5222.3006 Annual Reporting by Qualified Employer

Subpart 1. Content of report.

Each qualified employer shall make an annual report, as provided in Minnesota Statutes, section 176.130, subdivision 5, paragraph (b), on a form prescribed by the commissioner containing the following information:

A. name and address of qualified employer;

B. Social Security number and federal and state employer identification numbers of qualified employer;

C. reporting period dates;

D. total amount of payroll dollars paid to loggers;

E. name and address or workers' compensation insurer;

F. proof of premium dollars paid for loggers, which may include copies of canceled checks or receipts from insurers;

G. certification of attendance, for each full-time logger, at a safety seminar established or approved by the commissioner; and

H. supporting documentation or other information requested by the commissioner.

Subp. 2. No extensions.

An employer must satisfy the requirements of Minnesota Statutes, section 176.130, subdivision 1, paragraph (f), in order to be categorized as a qualified employer. A qualified employer must report timely and fully under this part and Minnesota Statutes, section 176.130, subdivision 5, paragraph (b), to be eligible for any rebate. No extensions are allowed pursuant to Minnesota Statutes, section 176.130, subdivision 6.

Subp. 3. Incomplete reports.

Reports not in compliance with this part will not be accepted for filing and do not satisfy reporting requirements.

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Minn. R. 5222.3007 Establishment or Approval of Safety Program

Subpart 1. Safety program required.

The commissioner shall establish or approve a safety program under subpart 2 or 3.

Subp. 2. Establishment.

The commissioner may establish a mandatory safety program including any of the following:

A. safety seminars;

B. educational publications or video presentations;

C. on-site consultations; or

D. testing of safety equipment.

Subp. 3. Approval.

The commissioner may approve privately sponsored safety programs or seminars based on the following criteria:

A. cost of program;

B. specificity of subject matter to industry concerns;

C. availability of program in terms of locations and number of seminars;

D. expertise of program sponsor; and

E. recommendations of Minnesota Occupational Safety and Health Administration consultation unit.

History

Statutory Authority: MS s 175.17; 176.83
History: 15 SR 1847

Chapter 5223 DISABILITY SCHEDULES

Minn. R. 5223.0010 Workers' Compensation Permanent Partial Disability Schedules

Subpart 1. Purpose of schedules.

Minnesota Statutes, section 176.105, subdivision 4, requires the commissioner of labor and industry to adopt rules assigning specific percentages of disability of the whole body for specific permanent partial disabilities. This chapter assigns percentages of disability of the whole body for permanent partial disabilities.

Subp. 2. Interpretation of schedules.

Only the categories in the schedules in this chapter may be used when rating the extent of a disability. Where a category represents the disabling condition, the disability determination shall not be based on the cumulation of lesser included categories. If more than one category may apply to a condition, the category most closely representing the condition shall be selected. Where more than one category is necessary to represent the disabling condition, categories shall be selected to avoid double compensation for any part of a condition. The percentages of disability to the whole body as set forth in two or more categories shall not be averaged, prorated, or otherwise deviated from, unless specifically provided in the schedule. Unless provided otherwise, where an impairment must be rated under more than one category, the ratings must be combined using the A + B (1-A) formula as provided in Minnesota Statutes, section 176.105, subdivision 4, paragraph (c). With respect to the musculoskeletal schedule, the percent of whole body disability for motor or sensory loss of a member shall not exceed the percent of whole body disability for amputation of that member.

Subp. 3. Disabilities not part of schedules.

A category not found within this chapter shall not be used to determine permanent partial disability.

Subp. 4. Rules of construction.

The technical terms in this chapter are defined in either part 5223.0020, or by the documents incorporated by reference in this chapter. Documents are incorporated by reference only to the extent necessary for definition or to the extent specifically referenced in a schedule. The documents incorporated by reference are not subject to frequent change, although new editions occasionally may be published. These documents are common medical references and are conveniently available to the public as noted in items A to K. These documents are as follows:

A. Guides to the Evaluation of Permanent Impairment, published by the American Medical Association, Committee on Rating of Mental and Physical Impairment, second edition 1984. This document is also known as the A.M.A. Guides. Available at the University of Minnesota, Biomedical Library.

B. Snellen Charts, published by American Medical Association Committee for Eye Injuries and designated Industrial Vision Test Charts. These charts are also known and referred to as A.M.A. charts. Available at the Minnesota State Law Library.

C. American Medical Association Rating Reading Card of 1932, published by the American Medical Association Committee for Eye Injuries. This document is also known as the A.M.A. Card. Available at the Minnesota State Law Library.

D. S3.1-1977 Criteria for Permissible Ambient Noise during Audiometric Testing and S3.6-1969 (R1973) Specification for Audiometers, published by the American National Standard Institutes, Inc. in 1973 and 1977, respectively. Available at the Minnesota State Law Library.

E. Metropolitan Life Insurance Company Height and Weight Tables, published by the Metropolitan Life Insurance Company, 1983. Available at the Minnesota State Law Library.

F. The Revised Kenny Self-Care Evaluation: A Numerical Measure of Independence in Activities of Daily Living, published by Sister Kenny Institute, 1973. Available at the Minnesota State Law Library.

G. Dorland's Illustrated Medical Dictionary, 26th edition, published by W.B. Saunders Company, 1981. This document is also known as Dorland's. Available at the University of Minnesota Biomedical Library.

H. D.S.M. III, Diagnostic and Statistical Manual of Mental Disorders, published by American Psychiatric Association, 1980. This document is also known as D.S.M. III. Available at the University of Minnesota Biomedical Library.

I. Fractures, Charles A. Rockwood and David Green, published by Lippencott, 1975. Available at the University of Minnesota Biomedical Library.

J. Textbook on Anatomy, William Henry Hollinshead, published by Harper & Row, 1985. Available at the University of Minnesota Biomedical Library.

K. "The Estimation of Areas of Burns," in Surgery, Gynecology and Obstetrics, by Lund and Browder, pages 352-358, volume 79, published by Surgical Publishing Company of Chicago, 1944. This document is referred to as Lund and Browder. Available at the Minnesota State Law Library.

Subp. 5. Severability.

If any provision of this chapter is held to conflict with a governing statute, applicable provisions of the Minnesota Administrative Procedure Act, or other relevant law; to exceed the statutory authority conferred; to lack a reasonable relationship to statutory purposes or to be unconstitutional, arbitrary, or unreasonable; or to be invalid for any other reason; the validity and enforceability of the remaining provisions of the rule shall in no manner be affected.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0020 Definitions

Subpart 1. Scope.

For the purpose of this chapter the terms defined in this part have the meanings given them unless the context clearly indicates otherwise. Terms not defined in this part are defined in Dorland's or other documents incorporated by reference. If the definition in a document incorporated by reference conflicts with or differs from the definition in this chapter, the specific definitions in this chapter shall govern.

Subp. 2. Acromio clavicular grade 1.

"Acromio clavicular grade 1" means an undisplaced acromio clavicular joint.

Subp. 3. Acromio clavicular grade 2.

"Acromio clavicular grade 2" means a 50 percent displacement of the clavicle in relationship to the acromion at the acromio clavicular joint.

Subp. 4. Acromio clavicular grade 3.

"Acromio clavicular grade 3" means a completely disrupted acromio clavicular joint.

Subp. 5. Activities of daily living.

"Activities of daily living" means the ability to perform self cares, to perform housework and related tasks, to ride in or operate a motor vehicle, and to perform vocational tasks not requiring physical labor.

Subp. 6. Ankylosis.

"Ankylosis" means the stiffening or fixation of a joint.

Subp. 7. ANSI.

"ANSI" means the American National Standards Institute.

Subp. 8. Banding.

"Banding" means a thick, rope like cord of hypertrophic scarring resulting from burns.

Subp. 9. Category.

"Category" means a permanent partial disability as described in this chapter and the corresponding percent of disability to the whole body for that permanent partial disability.

Subp. 10. Chronic.

"Chronic" means the repeated or continuous occurrence of a specific condition or symptom.

Subp. 11. Demonstrable degenerative changes.

"Demonstrable degenerative changes" means radiographic findings demonstrating the presence of degeneration of intervertebral disc or facet joints. Examples of demonstrable degenerative changes are disc space narrowing, small osteophytes, and facet joint hypertrophic changes.

Subp. 12. Desirable level of weight.

"Desirable level of weight" means preferred weights in the tables created by the Metropolitan Life Insurance Company.

Subp. 13. Disarticulation.

"Disarticulation" means an amputation occurring through a joint.

Subp. 14. Distance vision.

"Distance vision" means the ability to distinguish letters at a distance of 20 feet according to the Snellen and A.M.A. Charts.

Subp. 15. Family member.

"Family member" means cohabitants and is not limited to those related by blood or marriage. In cases of institutionalization or similar nonhome environment, family member may include staff members who care for the individual on a regular basis.

Subp. 16. Forequarter.

"Forequarter" means the amputation of the upper extremity involving the scapula, clavicle, and muscles that attach to the chest.

Subp. 17. Fusion.

"Fusion" means the surgical uniting of one vertebral segment to an adjoining vertebral segment.

Subp. 18. Gastrostomy.

"Gastrostomy" means a surgical creation of a gastric fistula through the abdominal wall for the purpose of introducing food into the stomach.

Subp. 19. Glossopharyngeal.

"Glossopharyngeal" means the ninth cranial nerve with sensory fibers to the tongue and pharynx. It affects taste and swallowing.

Subp. 20. Gross motor weakness.

"Gross motor weakness" means total or partial loss as described in part 5223.0160.

Subp. 21. Hypertrophic scar.

"Hypertrophic scar" means an elevated irregularly shaped mass of scar tissue.

Subp. 22. Hypoglossal.

"Hypoglossal" means the motor nerve to the tongue. It is the 12th cranial nerve and carries impulses from the brain to the tongue, including movement of muscles and secretion of glands and motor movement.

Subp. 23. Kenny scale.

"Kenny scale" means the Kenny self-care evaluation system in The Revised Kenny Self-Care Evaluation: A Numerical Measure of Independence of Activities of Daily Living.

Subp. 24. Laminectomy.

"Laminectomy" means the removal of part or all of the lamina of one vertebral segment, usually with associated disc excision.

Subp. 25. Lethargy.

"Lethargy" means, in relation to a nervous system injury to the brain, that an individual is drowsy, but can be aroused.

Subp. 26. Moderate referred shoulder and arm pain.

"Moderate referred shoulder and arm pain" means pain of an intensity necessitating decreased activity in order to avoid the pain. This pain is demonstrated in a dermatomal distribution into the shoulder and upper extremity.

Subp. 27. Moderate partial dislocation.

"Moderate partial dislocation" means a loss of normal vertebral alignment of up to 50 percent of the vertebral body on the adjacent vertebral body associated with vertebral fractures.

Subp. 28. Near vision.

"Near vision" means clearness of vision at the distance of 14 inches.

Subp. 29. Nonpreferred extremity.

"Nonpreferred extremity" means the arm or leg not used dominantly, as for example, the left hand of a right-handed writer.

Subp. 30. Objective clinical findings.

"Objective clinical findings" as used in part 5223.0070 means examination results which are reproducible and consistent. Examples of objective clinical findings are involuntary muscle spasms, consistent postural abnormalities, and changes in deep tendon reflexes.

Subp. 31. Postural abnormality.

"Postural abnormality" means a deviation from normal posture, as found on anterior/posterior or lateral X-rays, that involves the spine and pelvis or segments of the spine or pelvis, such as kyphosis, lordosis, or scoliosis.

Subp. 32. Preferred extremity.

"Preferred extremity" means the dominant leg or arm, as for example, the right arm of a right-handed person.

Subp. 33. Presbycusis.

"Presbycusis" means a decline in hearing acuity that occurs with the aging process.

Subp. 34. Pseudophakia.

"Pseudophakia" means that the crystalline lens of the eye has been replaced with a surgically implanted lens.

Subp. 35. Self cares.

"Self cares" means bed activities, transfers, locomotion, dressing, personal hygiene, bowel and bladder, and feeding as described in The Revised Kenny Self-Care Evaluation: A Numerical Measure of Independence in Activities of Daily Living, pages 10-24.

Subp. 36. Spinal stenosis.

"Spinal stenosis" means the narrowing of the spinal canal.

Subp. 37. Spondylolisthesis.

"Spondylolisthesis" means the forward movement of one vertebral body of one of the lower lumbar vertebrae on the vertebrae below it or upon the sacrum.

Subp. 38. Spondylolisthesis grade 1.

"Spondylolisthesis grade 1" means forward movement from zero to 25 percent of the vertebral body.

Subp. 39. Spondylolisthesis grade 2.

"Spondylolisthesis grade 2" means forward movement from 25 to 50 percent of the vertebral body.

Subp. 40. Spondylolisthesis grade 3.

"Spondylolisthesis grade 3" means movement from 50 to 75 percent of the vertebral body.

Subp. 41. Spondylolisthesis grade 4.

"Spondylolisthesis grade 4" means forward movement from 75 to 100 percent of the vertebral body.

Subp. 42. Stupor.

"Stupor" means, in relation to a nervous system injury to the brain, that a strong stimulus or pain is needed to arouse consciousness or response.

Subp. 43. Tinnitus.

"Tinnitus" means a subjective sense of noises in the head or ringing in the ear for which there is no observable external cause.

Subp. 44. Trigeminal.

"Trigeminal" means the mixed nerve with sensory fibers to the face, cornea, anterior scalp, nasal and oral cavities, tongue and supertentorial dura matter. It also has motor fibers to the muscles of mastication. It is the fifth cranial nerve.

Subp. 45. Vertigo.

"Vertigo" means a sensation of moving around in space or having objects move about the person. It is the result of a disturbance of the equilibratory apparatus.

Subp. 46. Vestibular.

"Vestibular" means the main division of the auditory nerve. It is the eighth cranial nerve and deals with equilibrium.

Subp. 47. Wrinkling.

"Wrinkling" means small ridges on the skin formed by shrinking or contraction as a result of burns.

Subp. 48. 14/14.

"14/14" is a term used in the measurement of near vision. It is the clearness of vision at a distance of 14 inches. The numerator is the test distance in inches. The denominator is the distance at which the smallest letter on the A.M.A. card can be seen.

Subp. 49. 20/20 Snellen or A.M.A. Chart.

"20/20 Snellen or A.M.A. Chart" refers to a chart imprinted with block letters or numbers in gradually decreasing sizes, identified according to distances at which they are ordinarily visible. It is used in testing visual acuity. The numerator is the test distance in feet. The denominator is the distance at which the smallest letter discriminated by a patient would subtend five minutes of arc.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0030 Eye Schedule

Subpart 1. Complete loss of vision.

For complete loss of vision in both eyes, disability of the whole body is 85 percent. For complete loss of vision in one eye, disability of the whole body is 24 percent. In determining the degree of vision impairment and of whole body disability, subparts 2 to 6 shall be used.

Subp. 2. Examination.

Disability shall not be determined until all medically acceptable attempts to correct the defect have been made. Prior to the final examination on which disability is to be determined, at least six months shall elapse after all visible inflammation has disappeared. In cases of disturbance of extrinsic ocular muscles, optic nerve atrophy, injury of the retina, sympathetic ophthalmia, and traumatic cataract, at least 12 months shall elapse before the final examination is made. Testing shall be conducted with corrective lenses applied, unless indicated otherwise in this part.

Subp. 3. Maximum and minimum limits of primary coordinate factors of vision.

The primary coordinate factors of vision are central visual acuity, visual field efficiency, and ocular motility.

A. The maximum limit for each coordinate function is established in subitems (1) to (3):

B. The minimum limit for each coordinate function is established in subitems (1) to (3):

Subp. 4. Measurement of coordinate factors of vision and computation of partial loss.

A. Central visual acuity shall be measured both for distance vision and for near vision, each eye being measured separately, both with and without correction. A Snellen or A.M.A. chart shall be used for distance vision and an A.M.A. card shall be used for near vision. Illumination shall be at least five footcandles.

B. For each eye, the extent of the field of vision shall be determined by perimetric test methods. A three millimeter white disk which subtends a 0.5-degree angle under illumination of not less than seven footcandles shall be used. For aphakia, a six millimeter white disk shall be used. The result shall be plotted on the visual field chart as illustrated in the A.M.A. Guides, page 144.

C. Ocular motility shall be measured in all parts of the motor field with any useful correction applied.

Subp. 5. Visual efficiency.

The visual efficiency of one eye is the product of the efficiency values of central visual acuity, of visual field, and of ocular motility. For the purpose of this calculation, these values shall be expressed as decimals and not as percentages; a value of zero percent is deemed to be one percent.

A. For example, if central visual acuity efficiency is 50 percent, visual field efficiency is 80 percent, and ocular motility efficiency is 100 percent, the visual efficiency of the eye is .50 times .80 times 1.00, equals 40 percent. If ocular motility efficiency is changed to 50 percent, the visual efficiency is .50 times .80 times .50, equals 20 percent.

B. Visual efficiency shall be adjusted as set in this item. Visual efficiency may not be less than zero percent. No adjustment for glasses or contacts shall be made in cases of aphakia or pseudophakia where the central visual efficiency was adjusted pursuant to subpart 4, item A, subitem (5) or (6).

Subp. 6. Procedure for determining whole body disability due to vision loss.

For each eye, subtract the percentage of visual efficiency determined in subpart 5 from 100 percent. The difference is the percentage impairment of each eye. The better eye has the lower percentage impairment. The poorer eye has the greater percentage impairment.

A. Multiply the percentage impairment of the better eye by three.

B. Add the percentage impairment of the poorer eye to the product obtained in item A.

C. Divide the sum obtained in item B by four.

D. The quotient obtained in item C is the percentage impairment of the visual system. Fractions shall be rounded to the nearest whole number percentage as provided in subpart 4, item A, subitem (1).

E. The percentage impairment of the visual system is translated to the percentage disability of the whole body by Table 2. Table 2 Eye Schedule

History

Statutory Authority: MS s 176.105
History: 10 SR 1124; 17 SR 1279

Minn. R. 5223.0040 Ear Schedule

Subpart 1. General.

For hearing loss, the maximum disability of the whole body is 35 percent. The procedures in subparts 2 to 7 shall be used to determine the extent of binaural hearing loss and of whole body disability.

Subp. 2. Medical diagnosis.

Otological evaluation shall be the method for determining the degree of permanent partial hearing loss. The medical diagnosis shall include the following:

A. A complete history of occupational, military, and recreational noise exposure. This medical history shall include documentation of any previous hearing loss, if that information is available.

B. A complete physical examination of the ear.

C. An audiological evaluation which shall include pure tone air conduction and bone conduction testing.

Subp. 3. Standards for audiometric calibration and test environment.

To ensure accurate measurement of hearing loss, the following standards shall be observed in conducting the tests required in subpart 2:

A. The audiometer used to measure hearing loss shall be calibrated to meet the specifications of ANSI S3.6-1969 (R1973), Specifications for Audiometers. The following are also required:

B. Audiometric test rooms or booths shall meet the specifications of ANSI S3.1-1977, Criteria for Permissible Ambient Noise during Audiometric Testing.

Subp. 4. Waiting period for final evaluation of hearing loss.

A waiting period of at least three months shall elapse between the date of the occurrence of the noise injury and the final evaluation of the permanent partial hearing loss.

Subp. 5. Procedure for determining disability of whole body due to hearing loss.

The binaural hearing loss is determined as follows:

A. The calculation for the percent of binaural hearing loss consists of the following steps:

B. The calculation of the percent of binaural hearing loss is illustrated by the following examples. Example 1 a. Calculation of the average four-frequency hearing level: b. Calculation of adjusted average four-frequency hearing level: Right ear = 35 decibels - 25 decibels = 10 decibels; Left ear = 55 decibels - 25 decibels = 30 decibels; c. Calculation of monaural hearing loss: Right ear = 10 x 1.5% = 15% Left ear = 30 x 1.5% = 45% d. Calculation of binaural hearing loss: Example 2 a. Calculation of average four-frequency hearing level. b. Calculation of adjusted average four-frequency hearing level. Right ear = 25 decibels - 25 decibels = 0 decibels Left ear = 55 decibels - 25 decibels = 30 decibels c. Calculation of monaural hearing loss: Right ear = 0 x 1.5 percent = 0 Left ear = 30 x 1.5 percent = 45 percent d. Calculation of binaural hearing loss:

C. The binaural hearing loss is translated to a percentage of disability of the whole body by the ear schedule set forth below: Ear Schedule

Subp. 6. Presbycusis.

The calculation of the binaural hearing loss shall not include an additional adjustment for presbycusis.

Subp. 7. Tinnitus.

No additional percentage of permanent partial disability for hearing loss shall be allowed for tinnitus.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0050 Skull Defects

Subpart 1. Skull depressions.

For skull defects the percent of disability of the whole body is provided by the following schedule:

Subp. 2. Skull fractures.

Skull fractures are:

A. Basilar skull fracture with persistent spinal fluid leak, 20 percent.

B. Basilar skull fracture without cerebrospinal fluid leak, 0 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0060 Central Nervous System

Subpart 1. General.

For permanent partial disability of the central nervous system the percentage of disability of the whole body is as provided in subparts 2 to 9.

Subp. 2. Trigeminal nerve.

Permanent partial disability of the trigeminal nerve is a disability of the whole body as follows:

A. partial unilateral sensory loss, 3 percent;

B. complete unilateral sensory loss, 5 percent;

C. partial bilateral sensory loss, 10 percent;

D. complete bilateral sensory loss, 25 percent;

E. intractable trigeminal neuralgia, 20 percent;

F. atypical facial pain, 5 percent;

G. partial unilateral motor loss, 2 percent;

H. complete unilateral motor loss, 5 percent;

I. partial bilateral motor loss, 10 percent; or

J. complete bilateral motor loss, 30 percent.

Subp. 3. Facial nerve.

Permanent partial disability of the facial nerve is a disability of the whole body as follows:

A. total loss of taste, 3 percent;

B. partial unilateral motor loss, 25 to 75 percent of function lost, 3 percent;

C. unilateral motor loss, more than 75 percent of function lost, 10 percent;

D. partial bilateral motor loss, 25 to 75 percent of function lost, 10 percent; or

E. bilateral motor loss, more than 75 percent of function lost, 20 percent.

Subp. 4. Vestibular loss with vertigo or disequilibrium.

Vestibular loss with vertigo or disequilibrium is a disability of the whole body as follows:

A. a score of 24 to 28 on the Kenny scale, and restricted in activities involving personal or public safety, such as operating a motor vehicle or riding a bicycle, 10 percent;

B. a score of 16 to 28 on the Kenny scale, and ambulation impaired due to equilibrium disturbance, 30 percent;

C. a score of 10 to 16 on the Kenny scale, 40 percent; or

D. a score of 0 to 10 on the Kenny scale, 70 percent.

Subp. 5. Glossopharyngeal, vagus and spinal accessory nerves.

Permanent partial disability to glossopharyngeal, vagus and spinal accessory nerves is a disability of the whole body as follows:

A. Swallowing impairment caused by disability to any one or more of these nerves:

B. Mechanical disturbances of articulation due to disability to any one or more of these nerves:

Subp. 6. Hypoglossal nerve.

Permanent partial disability of hypoglossal nerve is a disability of the whole body as follows:

A. Bilateral paralysis; swallowing impairment:

B. Mechanical disturbances of articulation:

Subp. 7. Spinal cord.

To rate under this subpart, determine the disability to the lower extremities, upper extremities, respiration, urinary bladder, anorectal, and sexual functions as follows. The percentage of whole body disability under this subpart is determined by combining the disabilities under items A to F in the manner described in Minnesota Statutes, section 176.105, subdivision 4, paragraph (c).

A. A permanent partial disability in the use of lower extremities is a disability of the whole body as follows:

B. Permanent partial disability in the use of upper extremities is a disability of the whole body as follows: Whole Body Disability, Percentages

C. Permanent partial disability of the respiratory function is a disability of the whole body as follows:

D. Permanent partial disability of the bladder is a disability of the whole body as set forth below. Evaluative procedures to be followed are in part 5223.0220, subpart 2.

E. The permanent partial disability of the anorectal function is a disability of the whole body as follows:

F. Permanent partial disability of sexual function is a disability of the whole body as follows:

Subp. 8. Brain injury.

Supporting objective evidence of structural injury, neurological deficit, or psychomotor findings is required to substantiate the permanent partial disability. Permanent partial disability of the brain is a disability of the whole body as follows:

A. Communications disturbances, expressive:

B. Communication disturbances, receptive:

C. Complex integrated cerebral function disturbances must be determined by medical observation and organic dysfunctions supported by psychometric testing. Functional overlay or primary psychiatric disturbances shall not be rated under this part. The permanent partial disabilities are as follows:

D. Emotional disturbances and personality changes must be substantiated by medical observation and by organic dysfunction supported by psychometric testing. Permanent partial disability is a disability of the whole body as follows:

E. Psychotic disorders, as described in D.S.M. III, not caused by organic dysfunction and substantiated by medical observation:

F. Consciousness disturbances; permanent partial disability of the whole body is as follows:

G. Motor dysfunction, movement disorder, paralysis, spasticity, sensory loss, or neglect. Where these impairments are due to brain or brain stem injury, rate as provided in subpart 7, items A and B.

H. Other impairments; impairments of respiration, urinary bladder function, anorectal function, or sexual function due to brain or brain stem injury are rated as provided in subpart 7, items C to F.

I. Epilepsy; permanent partial disability due to epilepsy is a disability of the whole body as follows:

J. Headaches; permanent partial disability due to vascular headaches with nausea or vomiting is a five percent disability of the whole body.

K. Total loss of taste, 3 percent.

L. Traumatic head injury, complete and total loss of smell, supported by objective examination, 3 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0070 Musculoskeletal Schedule; Back

Subpart 1. Lumbar spine.

The spine rating is inclusive of leg symptoms except for gross motor weakness, bladder or bowel dysfunction, or sexual dysfunction. Permanent partial disability of the lumbar spine is a disability of the whole body as follows:

A. Healed sprain, strain, or contusion:

B. Herniated intervertebral disc, single vertebral level:

C. Spinal stenosis, central or lateral, proven by computerized axial tomography or myelogram:

D. Spinal fusion surgery for single vertebral level with or without laminectomy, 17.5 percent. Add five percent for each additional vertebral level.

E. Fractures:

Subp. 2. Cervical spine.

The spine rating is inclusive of arm symptoms except for gross motor weakness; sensory loss; and bladder, bowel, or sexual dysfunction. Bladder, bowel, or sexual dysfunction must be rated as provided in part 5223.0060, subpart 7. Permanent partial disability of the cervical spine is a disability of the whole body as follows:

A. Healed sprain, strain, or contusion:

B. Herniated intervertebral disc, single vertebral level:

C. Spinal stenosis, proven by computerized axial tomography or myelogram.

D. Fusion of a single vertebral level with or without a laminectomy, 11.5 percent. Add five percent for each additional vertebral level.

E. Fracture:

Subp. 3. Thoracic spine.

The spine rating is inclusive of all symptoms including radicular gross motor weakness and sensory loss, but excluding spinal cord injury. Permanent partial disability of the thoracic spine is a disability of the whole body as follows:

A. Healed sprain, strain, or contusion:

B. Herniated intervertebral disc, symptomatic:

C. Fractures:

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0080 Musculoskeletal Schedule; Amputations of Upper Extremity

Permanent partial disability due to amputation of upper extremities is a disability of the whole body as follows:

A. forequarter amputation, 70 percent;

B. disarticulation at shoulder joint, 60 percent;

C. amputation of arm above deltoid insertion, 60 percent;

D. amputation of arm between deltoid insertion and elbow joint, 57 percent;

E. disarticulation at elbow joint, 57 percent;

F. amputation of forearm below elbow joint proximal to insertion of biceps tendon, 57 percent;

G. amputation of forearm below elbow joint distal to insertion of biceps tendon, 54 percent;

H. disarticulation at wrist joint, 54 percent;

I. midcarpal or midmetacarpal amputation of hand, 54 percent;

J. amputation of all fingers except thumb at metacarpophalangeal joints, 32.5 percent;

K. amputation of thumb:

L. amputation of index finger:

M. amputation of middle finger:

N. amputation of ring finger:

O. amputation of little finger:

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0090 Musculoskeletal Schedule; Sensory Loss, Upper Extremities

Subpart 1. General.

For sensory loss to the upper extremities resulting from nerve injury, the disability of the whole body is set forth in subparts 2 to 4. For the portion of the body described in subpart 2, there must be a total loss of the sensory function. Carpal tunnel syndrome is rated under part 5223.0130, subpart 3, items E and F.

Subp. 2. Total sensory loss.

Sensory loss, complete:

A. median function at wrist, 22.5 percent;

B. ulnar function at wrist, 11 percent;

C. radial function at wrist, 5.5 percent;

D. medial antebrachial cutaneous, 3 percent;

E. medial brachial cutaneous, 3 percent;

F. loss of thumb, whole, 11 percent;

G. index finger, whole, 5.5 percent;

H. long finger, whole, 5.5 percent;

I. ring finger, whole, 3 percent;

J. little finger, whole, 3 percent;

K. sensory loss distal to proximal interphalangeal joint, 50 percent of the value of entire digital nerve as set forth in subpart 2, either radial or ulnar as applicable;

L. sensory loss distal to one-half distal phalanx, 25 percent of entire digital nerve as set forth in subpart 2.

Subp. 3. Quality of sensory loss in hand.

The levels of sensory loss and the corresponding disabilities of the whole body are measured as follows:

A. minimal, 2-point discrimination at 6 millimeters or less, 0 percent;

B. moderate, 2-point discrimination greater than 6 millimeters, 1/2 of value in subpart 2;

C. severe, 2-point discrimination at greater than 10 millimeters, 3/4 of value in subpart 2;

D. total, 2-point discrimination at greater than 15 millimeters, same value as in subpart 2.

Subp. 4. Causalgia.

When objective medical evidence shows persistent causalgia despite treatment, there is loss of sensory and motor function, loss of joint function, and inability to use the extremity in any useful manner. The permanent partial disability to the member, rating from the most proximal joint involved, and the percentage disability of the whole body is 50 percent of that in part 5223.0080, subpart 1.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0100 Musculoskeletal Schedule; Motor Loss or Motor and Sensory Loss, Upper Extremities

Subpart 1. Total or complete loss.

Total or complete loss means that motor function is less than antigravity and there is complete loss of sensation. For loss to the upper extremities resulting from nerve injury, and where there is total loss of function for those particular portions of the body, the disability of the whole body is:

A. Motor loss, complete:

B. Complete motor and sensory loss:

C. Complete loss of motor function:

D. Complete loss of function, motor and sensory:

Subp. 2. Partial loss.

Partial loss means that motor function is less than normal but greater than antigravity, and there is incomplete sensory loss. Partial loss is rated at 25 percent of the percentages assigned at subpart 1.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0110 Musculoskeletal Schedule; Shoulder

Subpart 1. General.

For permanent partial disability to the shoulder, disability of the whole body is as in subparts 2 and 3.

Subp. 2. Range of motion.

A. Total ankylosis in optimum position, abduction 60 degrees, flexion ten degrees, rotation, neutral position, 30 percent;

B. Total ankylosis in mal-position, grade upward to 50 percent;

C. Mild limitation of motion: no abduction beyond 90 degrees, rotation no more than 40 degrees with full flexion and extension, 3 percent;

D. Moderate limitation of motion: no abduction beyond 60 degrees, rotation no more than 20 degrees, with flexion and extension limited to 30 degrees, 12 percent;

E. Severe limitation of motion: no abduction beyond 25 degrees, rotation no more than ten degrees, flexion and extension limited to 20 degrees, 30 percent.

Subp. 3. Procedures or conditions.

A. Acromio clavicular separation of the following severity:

B. Anterior or posterior shoulder dislocation, no surgery, single episode, 3 percent.

C. Recurrent dislocation, at least three times in six months, 10 percent.

D. Repair recurrent shoulder dislocation:

E. Resection distal end of clavicle, 3 percent.

F. Humeral shaft fracture, normal range of motion both joints, 0 percent.

G. Humeral shaft fracture, open reduction, mild restriction of shoulder and elbow motion, 6 percent. For moderate or severe limitation of motion, rate as in subpart 2, items D and E.

H. Surgical neck fracture, healed, no loss of motion, 0 percent; if loss of motion, rate as in subpart 2.

I. Greater tuberosity fracture, normal range of motion, 0 percent. If loss of motion, rate as in subpart 2.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0120 Musculoskeletal Schedule; Elbow

Subpart 1. General.

Permanent partial disability of the elbow is disability of the whole body as in subparts 2 and 3.

Subp. 2. Range of motion.

Flexion and extension of forearm is 85 percent of the arm. Rotation of the forearm is 15 percent of the arm.

A. Total ankylosis in optimum position approximating midway between 90 degrees flexion and 180 degrees extension, a 45-degree angle, 30 percent.

B. Total ankylosis in malposition, 40 percent.

C. Limitation of motion:

D. Flail elbow, pseudarthrosis above joint line, wide motion but very unstable, 39 percent.

E. Resection head of radius, 9 percent.

Subp. 3. Procedures or conditions.

A. Radial or ulnar shaft fracture, full motion, 0 percent;

B. Radial or ulnar fracture, open reduction, mild limitation of motion as defined in subpart 2, item C, 9 percent;

C. Olecranon fracture, no loss of motion, 0 percent;

D. Olecranon fracture, open reduction internal fixation, mild limitation of motion as defined in subpart 2, item C, 6 percent;

E. Epicondylar fracture, no loss of motion, 0 percent;

F. Epicondylar fracture, mild loss of motion as defined in subpart 2, item C, 6 percent;

G. Release medial or lateral epicondyle, 2 percent;

H. Ulnar nerve transposition, 2 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0130 Musculoskeletal Schedule; Wrist

Subpart 1. General.

Permanent partial disability of wrist is disability of the whole body as set in subparts 2 and 3.

Subp. 2. Range of motion.

A. Excision distal end of ulna, flexion and extension credited with 75 percent of hand, and rotation 25 percent of hand, 5 percent;

B. Total ankylosis in optimum position, 19 percent;

C. Total ankylosis in malposition of extreme flexion or extension, 25 percent;

D. Limitation of motion:

Subp. 3. Procedure or conditions.

A. Colles/Smith, extra-articular:

B. Colles/Smith/Barton, intra-articula:

C. Carpal bone fracture, no loss of motion, 3 percent.

D. Carpal dislocation, mild loss of motion as defined in subpart 2, item D, subitem (1), 6 percent.

E. Carpal tunnel release, 0.5 percent.

F. Carpal tunnel release with moderate paresthesias, 3 percent.

G. DeQuervain's release, 0 percent.

H. Ganglion excision, 0 percent.

I. Scaphoid graft, 3 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0140 Musculoskeletal Schedule; Fingers

Subpart 1. General.

Permanent partial disability of fingers is a disability of the whole body as set in subpart 2.

Subp. 2. Ankylosis of joints.

A. Thumb.

B. Digits other than thumb.

C. Soft tissue loss, isolated soft tissue loss of the end of digit greater than one centimeter, 20 percent of the disability to the whole body for amputation of that digit as set forth at part 5223.0080.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0150 Musculoskeletal Schedule; Amputations of Lower Extremities

For permanent partial disability due to amputation of lower extremities the disability of the whole body is:

A. hemipelvectomy, 50 percent;

B. disarticulation at hip joint, 40 percent;

C. amputation above knee joint with short thigh stump, 3 inch or less below tuberosity of ischium, 40 percent;

D. amputation above knee joint with functional stump, 36 percent;

E. disarticulation at knee joint, 36 percent;

F. amputation below knee joint with short stump, 3 inch or less below intercondylar notch, 36 percent;

G. amputation below knee joint with functional stump, 28 percent;

H. amputation at ankle, Syme type, 28 percent;

I. partial amputation of foot, Chopart's type, 21 percent;

J. midmetatarsal amputation, 14 percent;

K. amputation of all toes at metatarsophalangeal joints, 8 percent;

L. amputation of great toe:

M. amputation of lesser toe, 2nd-5th:

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0160 Musculoskeletal Schedule; Nerve Injury or Motor and Sensory Loss, Lower Extremities

Subpart 1. Total loss.

Total loss means that motor function is less than antigravity and there is complete loss of sensation. For loss to the lower extremities resulting from nerve injury, and where there is total loss of function for those particular portions of the body, the disability of the whole body is:

A. femoral, anterior crural, 13 percent;

B. femoral, anterior crural, below iliacus nerve, 11 percent;

C. genitofemoral, genito crural, 2 percent;

D. inferior gluteal, 9 percent;

E. lateral femoral cutaneous, 3 percent;

F. posterior cutaneous of thigh, 2 percent;

G. superior gluteal, 7 percent;

H. sciatic, above hamstring innervation, 31 percent;

I. common peroneal, lateral, or external popliteal, 13 percent;

J. deep peroneal, above midshin, 9 percent;

K. deep peroneal, below midshin, anterior tibial, 2 percent;

L. superficial peroneal, 5 percent;

M. tibial nerve, medial, or internal popliteal:

N. sural, external saphenous, 1 percent;

O. L-4 nerve root, 11 percent;

P. L-5 nerve root, 13 percent;

Q. S-1 nerve root, 15 percent; or

R. Lumbosacral plexus, 40 percent.

Subp. 2. Partial loss.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0170 Musculoskeletal Schedule; Joints

Subpart 1. General.

For permanent partial disability of joints, disability of the whole body is set forth in subparts 2 to 9.

Subp. 2. Surgical or traumatic shortening of lower extremity.

Surgical or traumatic shortening of lower extremity:

A. 1/4 inch to 3/4 inch, 3 percent;

B. 3/4 to 1-1/4 inches, 4.5 percent;

C. 1-1/4 to 1-3/4 inches, 6 percent; or

D. 1-3/4 inches and above, 9 percent.

Subp. 3. Hip.

Hip:

A. Range of motion:

B. Procedures or conditions:

Subp. 4. Femur.

Femur:

A. shaft fracture, closed, healed, 0 percent;

B. femoral shaft fracture, open reduction, loss of less than 20 degrees of movement of any one plane of either the hip or the knee, no malalignment, 2 percent.

Subp. 5. Knee.

Knee:

A. Range of motion.

B. Procedures or conditions:

Subp. 6. Tibia.

Tibia:

A. tibial shaft fracture, undisplaced, healed, normal motion and alignment, 0 percent;

B. tibial shaft fracture, open reduction, loss of less than 20 degrees of movement in any one plane in either the knee or the ankle with full knee extension, no malalignment, 5 percent.

Subp. 7. Ankle and foot.

Ankle and foot:

A. Range of motion:

B. Procedures or conditions:

Subp. 8. Foot.

Foot:

A. Range of motion:

B. Procedures or conditions:

Subp. 9. Toes.

Toes:

A. complete ankylosis of metatarsophalangeal joint, any toe, 3 percent;

B. complete ankylosis any toe, interphalangeal joint, optimum position semiflexion, 1 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0180 Respiratory System

Subpart 1. Evaluation procedures.

The procedures used in evaluating permanent partial disability of the respiratory system shall include the following:

A. complete history and physical examination with special reference to cardiopulmonary symptoms and signs;

B. chest roentgenography (posteroanterior in full inspiration, posteroanterior in full expiration timed, three seconds, lateral);

C. hematocrit or hemoglobin determination;

D. electrocardiogram;

E. performance of the following tests of ventilation:

F. diffusing capacity studies must be performed when complaints of dyspnea continue unabated in spite of forced spirometric measurement results above the cutoff limits.

Subp. 2. Measurement of respiratory loss of function.

Table 1 shall be used to calculate the percentage of disability of the whole body due to permanent partial disability of the respiratory system.

TABLE 1

The diffusing capacity studies must be performed when complaints of dyspnea continue unabated in spite of forced spirometric measurement results above the cutoff limits set forth in Table 1.

Subp. 3. Asthma.

Asthma which is not medically controllable and which requires at least six hospitalizations in 12 months, 25 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0190 Organic Heart Disease

Subpart 1. General.

For permanent partial disability due to organic heart disease, the disability of the whole body is set forth in subpart 2.

Subp. 2. Heart ratings.

The following ratings may be applied only after a compilation of a patient's complete history and a physical examination. Testing must include chest X-ray and electrocardiogram. The testing may include echocardiography, exercise testing, and radionuclide studies.

The following table sets forth symptoms of organic heart disease. The percentage of disability of the whole body is determined by the symptoms present.

Organic Heart Disease Schedule

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0200 Vascular Disease Affecting Extremities

The following schedule shall be used to determine the percentage of disability of the whole body for permanent partial disability due to vascular disease. Permanent partial disability from vascular disease affecting the extremities must be rated according to the following classifications. The system shall be used only after a complete history and physical examination. The full evaluation shall include imaging examination (X-ray with and without contrast, computer axial tomography scanning, sonography, radionuclide studies) volume studies, or flow studies.

A. Vascular disease schedule, lower extremities. Percentage of Disability of Whole Body

B. Peripheral vascular disease, upper extremities.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0210 Gastrointestinal Tract

Subpart 1. General.

The following schedule is for the evaluation of permanent partial disability of the gastrointestinal tract. The evaluation must include a thorough history and physical examination. Additional studies, such as radiographic, metabolic, absorptive, endoscopic, and biopsy may be necessary to determine the functioning of these organs. Disability shall not be determined until after completion of all medically accepted diagnostic and therapeutic efforts. The percentages indicated in this schedule are the disability of the whole body for the corresponding class.

For evaluative purposes, the digestive tract has been divided into (1) the esophagus, stomach, duodenum, small intestine, and pancreas, (2) the colon and rectum, (3) the anus, and (4) the liver and biliary tract.

Subp. 2. Upper digestive tract (esophagus, stomach, duodenum, small intestine, and pancreas).

A. Class 1, 2 percent.

B. Class 2, 15 percent. Symptoms and signs of organic upper digestive tract disease are present or there is anatomic loss or alteration; dietary restriction and drugs are required for control of symptoms, signs, or nutritional deficiency; and loss of weight below the desirable weight does not exceed 10 percent.

C. Class 3, 35 percent.

D. Class 4, 65 percent.

Subp. 3. Colon and rectum.

A. Class 1, 2 percent:

B. Class 2, 15 percent. There is objective evidence of colonic or rectal disease and anatomic loss or alteration. There are mild gastrointestinal symptoms with intermittent disturbance of bowel function, accompanied by periodic or continual pain. Minimal restriction of diet or mild symptomatic therapy may be necessary. No impairment of nutrition results.

C. Class 3, 30 percent. There is objective evidence of colonic or rectal disease and anatomic loss or alteration; there are moderate to severe exacerbations with disturbance of bowel habit, accompanied by periodic or continual pain; restriction of activity, special diet and drugs are required during attacks; and there are constitutional manifestations such as fever, anemia, or weight loss.

D. Class 4, 50 percent. There is objective evidence of colonic and rectal disease or anatomic loss or alteration; there are persistent disturbances of bowel function present at rest with severe persistent pain; complete limitation of activity, continued restriction of diet, and medication do not entirely control the symptoms; there are constitutional manifestations such as fever, weight loss, or anemia present; and there is no prolonged remission.

Subp. 4. Anus.

A. Class 1, 2 percent. Signs of organic anal disease are present or there is anatomic loss or alteration; or there is mild incontinence involving gas or liquid stool; or anal symptoms are mild, intermittent, and controlled by treatment.

B. Class 2, 12 percent. Signs of organic anal disease are present or there is anatomic loss or alteration; and moderate but partial fecal incontinence is present requiring continual treatment; or continual anal symptoms are present and incompletely controlled by treatment.

C. Class 3, 22 percent.

Subp. 5. Liver and biliary tract.

A. Class 1, 5 percent.

B. Class 2, 20 percent. There is objective evidence of chronic liver disease even though no symptoms of liver disease are present; and no history of ascites, jaundice, or bleeding esophageal varices within five years; nutrition and strength are normal; and biochemical studies indicate more severe liver damage than Class 1.

C. Class 3, 40 percent. There is objective evidence of progressive chronic liver disease, or history of jaundice, ascites, or bleeding esophageal or gastric varices within the past year; nutrition and strength may be affected; and there is intermittent ammonia and meat intoxication.

D. Class 4, 75 percent. There is objective evidence of progressive chronic liver disease, or persistent ascites or persistent jaundice or bleeding esophageal or gastric varices, with central nervous system manifestations or hepatic insufficiency; and nutrition state is below normal.

Subp. 6. Biliary tract.

A. Class 1, 5 percent. There is an occasional episode of biliary tract dysfunction.

B. Class 2, 20 percent. There is recurrent biliary tract impairment irrespective of treatment.

C. Class 3, 40 percent. There is irreparable obstruction of the bile tract with recurrent cholangitis.

D. Class 4, 75 percent. There is persistent jaundice and progressive liver disease due to obstruction of the common bile duct.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0220 Reproductive and Urinary Tract Schedule

Subpart 1. General.

This part sets forth the percentage of disability of the whole body for permanent partial disability of the reproductive and urinary systems. The percentages indicated in this schedule are the disability of the whole body for the corresponding class.

Subp. 2. Evaluative procedures.

For evaluative purposes the reproductive and urinary systems are divided into the: (1) upper urinary tract, (2) bladder, (3) urethra, (4) male reproductive organs, and (5) female reproductive organs.

Procedures for evaluating permanent partial disability of the genitourinary and reproductive systems shall include:

A. a complete history and physical examination with special reference to genitourinary/reproductive symptoms and signs, including psychological evaluation when indicated by the symptoms;

B. laboratory tests to identify the presence or absence of associated disease. The tests may include multichannel chemistry profile, complete blood count, complete urinalysis, including microscopic examination of centrifuged sediment, chest X-ray, both posterior/anterior and left lateral views, electrocardiogram, performance of a measurement of total renal functions -- endogenous creatinine clearance corrected for total body surface area. Other tests may include:

Subp. 3. Upper urinary tract.

A. Solitary kidney, 10 percent. This category shall apply only when a solitary kidney is the only upper urinary tract permanent partial disability. When a solitary kidney occurs in combination with any one of the following four classes, the disability rating for that class shall be increased by 10 percent.

B. Class 1, 5 percent. Diminution of kidney function as evidenced by a creatinine clearance of 50 to 70 percent of age and sex adjusted normal values, other underlying causes absent.

C. Class 2, 22 percent. Diminution of the upper urinary tract function as evidenced by a creatinine clearance of 40 to 50 percent of age and sex adjusted normal values, no other underlying disease.

D. Class 3, 47 percent. Diminution of upper urinary tract function, as evidenced by creatinine clearance of 25 to 40 percent of age and sex adjusted normal values.

E. Class 4, 77 percent. Diminution of upper urinary tract function as evidenced by creatinine clearance below 25 percent of age and sex adjusted normal values.

Subp. 4. Bladder.

A. Class 1, 5 percent. Symptoms and signs of bladder disorder requiring intermittent treatment, but without evidence of intervening malfunction between periods of treatments or symptomatology.

B. Class 2, 15 percent. Symptoms and signs of bladder disorder requiring continuous treatment, or there is bladder reflex activity but loss of voluntary control.

C. Class 3, 20 percent. Poor reflex activity evidenced by intermittent dribbling, and no voluntary control.

D. Class 4, 30 percent. Continuous dribbling.

Subp. 5. Urethra.

A. Class 1, 2 percent. Symptoms and signs of urethral disorder are present which require intermittent therapy for control.

B. Class 2, 15 percent. Symptoms and signs of urethral disorder that cannot be effectively controlled by treatment.

Subp. 6. Penis.

A. Class 1, 10 percent. Impaired sexual function but vaginal penetration is possible, with supporting objective evidence of abnormal penile tumescence studies to substantiate impaired tumescence or rigidity.

B. Class 2, 20 percent. Impaired sexual function and vaginal penetration is not possible, with supporting objective evidence of insufficient penile tumescence or rigidity.

C. Psychogenic impotence, 0 percent.

Subp. 7. Testes, epididymides, and spermatic cords.

A. Class 1, 5 percent.

B. Class 2, 10 percent.

C. Class 3, 20 percent. Trauma or disease produces bilateral anatomical loss or there is no detectable seminal or hormonal function of testes, epididymides, or spermatic cords.

D. Inguinal hernia, direct or indirect, unilateral or bilateral, recurrent after two or more herniorrhaphies, 5 percent.

Subp. 8. Prostate and seminal vesicles.

A. Class 1, 5 percent.

B. Class 2, 10 percent.

C. Class 3, 20 percent. There has been ablation of the prostate or seminal vesicles.

Subp. 9. Vulva and vagina.

A. Class 1, 10 percent. Impaired sexual function but penile containment is possible.

B. Class 2, 20 percent. Impaired sexual function and penile containment is not possible.

Subp. 10. Cervix and uterus.

A. Class 1, 5 percent.

B. Class 2, 10 percent.

C. Class 3, 20 percent.

Subp. 11. Fallopian tubes and ovaries.

A. Class 1, 5 percent.

B. Class 2, 10 percent. Symptoms and signs of disease or deformity of the fallopian tubes or ovaries are present which require continuous treatment, but tubal patency persists and ovulation is possible.

C. Class 3, 20 percent.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0230 Skin Disorders

Permanent partial disability resulting from skin disorders are a disability of the whole body as set forth in this part. This schedule is based upon the effect of the disorder on the ability to function and perform activities of daily living and the degree of treatment required for the disorder. The schedule is not based upon the location or the percentage of the body affected by a specific skin disorder. Impairment due to burns shall be rated under part 5223.0240 and not under this schedule.

A. Class 1, 2 percent. Signs or symptoms of skin disorder are present and supported by objective skin findings. With treatment there is no or minimal limitation in the performance of the activities of daily living, although certain physical or chemical agents might temporarily increase the extent of limitation.

B. Class 2, 10 percent. Signs and symptoms of skin disorder are present and intermittent treatment is required. There is limitation in the performance of some of the activities of daily living.

C. Class 3, 20 percent. Signs and symptoms of skin disorder are present. Continuous treatment is required. There is limitation in the performance of many of the activities of daily living.

D. Class 4, 45 percent. Signs and symptoms of skin disorder are present. Continuous treatment is required which may include periodic confinement at home or other domicile. There is limitation in the performance of many of the activities of daily living.

E. Class 5, 70 percent. Signs and symptoms of skin disorder are present. Continuous treatment is required which necessitates confinement at home or other domicile. There is severe limitation in the performance of nearly all of the activities of daily living.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0240 Burns

Subpart 1. General.

The whole body disability due to burns is not equal to the percent of body surface area which is burned. The percentage of body surface area affected must be determined according to Lund and Browder. The ratings determined under subparts 1 to 4 must be combined as set forth at Minnesota Statutes, section 176.105, subdivision 4, paragraph (c), provided that the maximum disability to the whole body under this schedule must not exceed 70 percent. Loss of motion or body parts except the face must be rated under the musculoskeletal schedules and must not be considered as included in a rating under this part unless specifically provided otherwise.

Subp. 2. Burns other than electrical conduction.

A rating under this part is the rating assigned by items A to F combined as provided in Minnesota Statutes, section 176.105, subdivision 4, paragraph (c):

A. Any burn that heals within one month and leaves no hypertrophic scar, 0 percent.

B. Cold intolerance of the hands, face, or head as evidenced by the wearing of heavy gloves or additional scarves at 35 degrees Fahrenheit; a scar of at least ten square centimeters must be present for an affected member to be rated under this item:

C. Heat intolerance is evidenced by fatigue, malaise, nausea, and an oral temperature of at least 100 degrees Fahrenheit upon exposure to an environmental temperature of 90 degrees Fahrenheit at 60 percent relative humidity, 5 percent.

D. Sensitivity to sun exposure as evidenced by the need to cover the skin or use sun screen to prevent sunburn; a scar of at least ten square centimeters must be present for an affected member to be rated under this item:

E. Sensitivity to dust, chemical, or petroleum exposure; altered sweating; or apocrine gland dysfunction. For one or any combination of these conditions, the whole body disability is:

F. Sensory loss due to burns:

Subp. 3. Electrical conduction injuries.

A. Associated sensory loss and concomitant thermal injuries must be rated as provided in subpart 1.

B. Peripheral nerve deficits must be rated as provided in the musculoskeletal schedule. The ratings under items A and B must be combined in the manner set forth at Minnesota Statutes, section 176.105, subdivision 4, paragraph (c).

Subp. 4. Cosmetic disfigurement.

This part applies to disfigurement on the face, the head, the neck, or the hands due to burns. Where there is surgery, this rating is done after correction by plastic surgery. The final rating under this schedule shall not be done until hypertrophic scarring is matured or more than 24 months after the injury. The ratings under the items of this part must be combined in the manner set forth at Minnesota Statutes, section 176.105, subdivision 4, paragraph (c).

A. The face is the anterior head from the forehead, to and including the chin.

B. Head, Alopecia:

C. The anterior neck extends from the ear lobule anteriorly to the ear lobule and downward to mid clavicle. Disfigurement on the posterior neck from the ear lobule posteriorally to the ear lobule shall not be rated under this rule. Ratings under subitems (1) and (2) shall be combined as set forth in Minnesota Statutes, section 176.105, subdivision 4, paragraph (c).

D. The hand extends from the carpus outward. Loss of body parts and loss of motion are rated in the musculoskeletal schedule.

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0250 Preexisting Impairments

Where a disability is subject to apportionment under Minnesota Statutes, section 176.101, subdivision 4a, the rating for the disabled condition under a category of the schedules of this chapter must be reduced as provided in this part. As used in this part, the term disabled condition includes the preexisting disability.

A. This part applies where the preexisting disability has not been rated and neither item B nor C is applicable.

B. This item applies where the preexisting disability of a member has been rated in another proceeding or state and the rating represents a percentage of disability to the whole body. The rating of the disabled condition under a category of these schedules shall be reduced by the rating assigned to the preexisting disability of the member.

C. This item applies where the injury producing the preexisting disability occurred prior to January 1, 1984, and the preexisting disability has been rated under Minnesota Statutes, section 176.101, subdivision 3; or where Minnesota Statutes, chapter 176 is inapplicable and the rating represents a percentage of disability of a member.

D. Where both Minnesota Statutes, sections 176.101, subdivision 4a, and 176.105, subdivision 4, paragraph (c) apply, apportionment must be determined as follows:

History

Statutory Authority: MS s 176.105
History: 10 SR 1124

Minn. R. 5223.0300 Workers' Compensation Permanent Partial Disability Schedules

Subpart 1. Purpose of schedules.

Minnesota Statutes, section 176.105, subdivision 4, requires the commissioner of labor and industry to adopt rules assigning specific percentages of disability of the whole body for specific permanent partial impairments. Parts 5223.0300 to 5223.0650 assign percentages of disability of the whole body for permanent partial impairment.

Subp. 2. Applicability.

Unless otherwise specified, parts 5223.0300 to 5223.0650 apply to dates of injury on or after July 1, 1993.

Subp. 3. Interpretation of schedules.

In applying these schedules, the rules of construction in items A to H apply.

A. Only the categories in the schedules in parts 5223.0300 to 5223.0650 may be used when rating the extent of impairment. If a category applicable to the impairing condition cannot be found in parts 5223.0300 to 5223.0650, then the category most closely resembling the impairment or the percentage of permanent partial disability based on analogy shall be chosen.

B. If a category represents the impairing condition, the disability determination shall not be based on the cumulation of lesser included categories.

C. If more than one category may apply to a condition, the category most closely representing the condition shall be selected.

D. If more than one category is necessary to represent all of the mutually exclusive impairing conditions resulting from an injury, categories shall be selected to avoid double compensation for any part of a condition.

E. The percentages of disability to the whole body as provided in two or more categories shall not be averaged, prorated, or otherwise deviated from, unless specifically provided in the schedule. Unless provided otherwise, if an impairment must be rated under more than one category, the ratings must be combined using the A + B(1 - A) formula set forth in Minnesota Statutes, section 176.105, subdivision 4, paragraph (f), where A is the rating with the largest percentage and B is the rating with the next largest percentage. If there are more than two impairments, the combination of the largest and next largest percentages becomes the new A and the third largest percentage becomes the new B. This process is continued interactively until all percentages are combined.

F. In certain situations as specifically noted elsewhere in these schedules, the percentages of disability must be added (A + B) rather than combined. These summed percentages may then be combined or added with other percentages as appropriate.

G. With respect to the musculoskeletal schedule, the percent of whole body disability for motor or sensory loss of a member shall not exceed the percent of whole body disability for amputation of that member.

H. A category not found within parts 5223.0300 to 5223.0650 shall not be used to determine permanent partial disability.

Subp. 4. Incorporations by reference.

The technical terms in parts 5223.0300 to 5223.0650 are defined either in part 5223.0310 or by the documents incorporated by reference in parts 5223.0300 to 5223.0650. Documents are incorporated by reference only to the extent necessary for definition or to the extent specifically referenced in a schedule. The documents incorporated by reference are not subject to frequent change, although new editions occasionally may be published. These documents are common medical references and are conveniently available to the public at the University of Minnesota, Biomedical Library and are accessible through the Minitex interlibrary loan system. These documents are as follows:

A. "Adult Normal for the Nine Hole Peg Test of Finger Dexterity," V. Mathiowetz et al. The Occupational Therapy Journal of Research, volume 5, pp. 24-38 (1985).

B. Guides to the Evaluation of Permanent Impairment, published by the American Medical Association, Committee on Rating of Mental and Physical Impairment, 3rd edition, 1988. This document is also referred to as the A.M.A. Guides.

C. S3.1-1977 Criteria for Permissible Ambient Noise during Audiometric Testing, published by the American National Standards Institute, Inc., 1973.

D. S3.6-1969 (R1973) Specification for Audiometers, published by the American National Standards Institute, Inc., 1977.

E. Metropolitan Life Insurance Company Height and Weight Tables, published by the Metropolitan Life Insurance Company, 1983, and reproduced in the A.M.A Guides, 3rd edition, page 178.

F. F. F. Plum and J. B. Posner, Diagnosis of Stupor and Coma, 2nd edition, published by F. A. Davis, Philadelphia, 1972.

G. Dorland's Illustrated Medical Dictionary, 27th edition, published by W. B. Saunders Company, 1988. This document is also referred to as Dorland's.

H. D.S.M. III, Diagnostic and Statistical Manual of Mental Disorders, published by American Psychiatric Association, 1980. This document is also referred to as D.S.M. III.

I. Fractures, 2nd edition, Charles A. Rockwood and David Green, published by Lippencott, 1984.

J. Textbook on Anatomy, William Henry Hollinshead, published by Harper & Row, 1985.

L. Stedman's Medical Dictionary, 25th edition, published by Williams and Wilkins, 1990. This document is also referred to as Stedman's.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0310 Definitions

Subpart 1. Scope.

For the purpose of parts 5223.0300 to 5223.0650, the terms defined in this part have the meanings given them unless the context clearly indicates otherwise. Terms not defined in this part are defined in documents incorporated by reference. If the definition in a document incorporated by reference conflicts with or differs from the definition in parts 5223.0300 to 5223.0650, the specific definition in parts 5223.0300 to 5223.0650 shall govern.

Subp. 2. Acromioclavicular grade 1.

"Acromioclavicular grade 1" means an undisplaced acromioclavicular joint.

Subp. 3. Acromioclavicular grade 2.

"Acromioclavicular grade 2" means a 50 percent displacement of the clavicle in relationship to the acromion at the acromioclavicular joint as measured on standard X-ray view of the acromioclavicular joint in comparison to an uninjured contralateral acromioclavicular joint or in comparison to normative values.

Subp. 4. Acromioclavicular grade 3.

"Acromioclavicular grade 3" means a completely disrupted acromioclavicular joint as measured on standard X-ray view of the acromioclavicular joint in comparison to an uninjured contralateral acromioclavicular joint or in comparison to normative values.

Subp. 5. Activities of daily living.

"Activities of daily living" means the ability to perform all of the following:

A. self cares: urinating, defecating, brushing teeth, combing hair, bathing, dressing oneself, and eating;

B. communication: writing, seeing, hearing, and speaking;

C. normal living postures: sitting, lying down, and standing;

D. ambulation: walking and climbing stairs;

E. travel: driving and riding;

F. nonspecialized hand functions: grasping and tactile discrimination;

G. sexual function: participating in usual sexual activity;

H. sleep: ability to have restful sleep pattern; and

I. social and recreational activities: ability to participate in group activities.

Subp. 6. Adaptive equipment for ambulation.

"Adaptive equipment for ambulation" means a crutch, cane, walker, prosthesis, orthosis, or other medical device other than a wheelchair which allows an individual, who would otherwise be unable, to walk without assistance from another person.

Subp. 7. Ankylosis.

"Ankylosis" means the abnormal immobility and consolidation of a joint.

Subp. 8. ANSI.

"ANSI" means the American National Standards Institute.

Subp. 9. Articulation.

"Articulation" means the enunciation of words.

Subp. 10. Banding.

"Banding" means a thick, ropelike cord of hypertrophic scarring.

Subp. 11. Cardiopulmonary exercise testing.

"Cardiopulmonary exercise testing" means a standardized, graduated exercise test performed according to a protocol, for the purpose of determining maximum exercise capacity expressed as VO2 max.

Subp. 12. Carpal instability.

"Carpal instability" means either an incompetence of the ligament support system of the wrist or a change in the joint contact surface configuration of the carpal bones such that there is abnormal alignment or movement of the proximal carpal row.

Subp. 13. Category.

"Category" means a permanent partial impairment as described in parts 5223.0300 to 5223.0650 and the corresponding percent of disability to the whole body for that permanent partial impairment.

Subp. 14. Chronic.

"Chronic" means the repeated or continuous occurrence of a specific condition or symptom.

Subp. 15. Colostomy.

"Colostomy" means the surgical creation of a new opening of the colon on the surface of the body.

Subp. 16. Coma.

"Coma" means a state of unconsciousness from which the individual cannot be aroused, even by powerful stimulation.

Subp. 17. Contracture.

"Contracture" means a condition of fixed resistance to passive movement at a joint resulting from fibrosis of the soft tissues. A contracture is named by the direction in which the fibrosis draws the joint, that is, a joint drawn into flexion has a flexion contracture and there is a fixed resistance to passive extension.

Subp. 18. DCO.

"DCO" means the diffusion capacity of carbon monoxide as measured by a test performed as described in the A.M.A. Guide, 3rd edition, pp. 112-113. The measurement is expressed as a percentage of the normal value. The normal values used are those listed in the A.M.A. Guide, 3rd edition, pp. 114-115, incorporated by reference in part 5223.0300, subpart 4, item B.

Subp. 19. Delirium.

"Delirium" means a mental disturbance marked by illusions, hallucinations, delusions, cerebral excitement, physical restlessness, and incoherence, and having a comparatively short course.

Subp. 20. Desirable level of weight.

"Desirable level of weight" means preferred weights in the tables created by the Metropolitan Life Insurance Company. For purposes of parts 5223.0300 to 5223.0650, the following are the minimums of the preferred weights (in pounds) for men and women of various heights and builds:

Subp. 21. Disarticulation.

"Disarticulation" means an amputation occurring through a joint.

Subp. 22. Distance vision.

"Distance vision" means the ability to distinguish letters at a distance of 20 feet according to any eye chart in which the 20/20 (6/6) letters subtend five minutes of arc.

Subp. 23. Dysequilibrium.

"Dysequilibrium" means any derangement of proper balance.

Subp. 24. Esophagostomy.

"Esophagostomy" means the creation of an artificial opening into the esophagus.

Subp. 25. Executive functions.

"Executive functions" means such activities as managing a checkbook, entering into contracts, and making medium- and long-range financial plans.

Subp. 26. Family member.

"Family member" means cohabitant and is not limited to those related by blood or marriage. In cases of institutionalization or similar nonhome environment, family member may include staff members who care for the individual on a regular basis.

Subp. 27. FEV1.

"FEV1" means the forced expiratory volume in one second as measured by a spirometric test performed as described in the A.M.A. Guide, 3rd edition, pp. 111-112. The measurement used must be taken from the spirogram which is both technically acceptable and represents the best effort of the patient. The measurement is expressed as a percentage of the normal value. The normal values used are those listed in the A.M.A. Guide, 3rd edition, pp. 112-113, incorporated by reference in part 5223.0300, subpart 4, item B.

Subp. 28. 14/14 Snellen rating.

"14/14 Snellen rating" means a measurement of visual acuity for near vision. The numerator is the test distance in inches. The denominator is the distance at which the smallest letter on the test instrument can be seen.

Subp. 29. Fusion.

"Fusion" means the operative formation of an ankylosis.

Subp. 30. FVC.

"FVC" means the forced vital capacity as measured by a spirometric test performed as described in the A.M.A. Guide, 3rd edition, pp. 111-112. The measurement used must be taken from the spirogram which is both technically acceptable and represents the best effort of the patient. The measurement is expressed as a percentage of the normal value. The normal values used are those listed in the A.M.A. Guide, 3rd edition, pp. 110-111, incorporated by reference in part 5223.0300, subpart 4, item B.

Subp. 31. Gastrostomy.

"Gastrostomy" means the creation of an artificial opening into the stomach.

Subp. 32. Hypertrophic scar.

"Hypertrophic scar" means an elevated irregularly shaped mass of scar tissue.

Subp. 33. Ileostomy.

"Ileostomy" means the creation of an artificial opening into the ileum.

Subp. 34. Jejunostomy.

"Jejunostomy" means the creation of an artificial opening into the jejunum.

Subp. 35. Lethargy.

"Lethargy" means in relation to an injury to the brain, that an individual is drowsy, but can be aroused.

Subp. 36. Method of Lund and Browder.

"Method of Lund and Browder" means a method of estimating the body surface area of body parts as represented by the following values for adults:

Subp. 37. Motility chart.

"Motility chart" means the chart of figure 3, p. 160 of the A.M.A. Guides, 3rd edition.

Subp. 38. Near vision.

"Near vision" means the ability to read text or to distinguish letters at a distance of 14 inches as measured by any eye test for use at 14 inches and is measured using the appropriate optical correction for the 14-inch distance.

Subp. 39. Nine hole peg test.

The "Nine hole peg test" is a commonly used, relatively inexpensive, and quickly administered measurement of finger dexterity as described in the "Adult Normal for the Nine Hole Peg Test of Finger Dexterity," incorporated by reference in part 5223.0300, subpart 4, item A.

Subp. 40. Painful organic syndrome.

"Painful organic syndrome" means a musculoskeletal condition characterized by pain with use of the affected member which limits the voluntary active range of motion, without any limitation of forced passive range of motion, and attributed to a lesion in the soft tissues, that is, capsule, ligament, tendon, fascia, and muscle, and defined by a set of clinical findings.

Subp. 41. Presbycusis.

"Presbycusis" means a decline in hearing acuity that occurs with the aging process.

Subp. 42. Pseudophakia.

"Pseudophakia" means that the crystalline lens of the eye has been replaced with a surgically implanted lens.

Subp. 43. Radicular pain.

"Radicular pain" means pain described as radiating distally into an extremity in the distribution of a nerve root.

Subp. 44. Radicular paresthesia.

"Radicular paresthesia" means abnormal sensation, described as involving an extremity in the distribution of a nerve root.

Subp. 45. Self cares.

"Self cares" means urinating, defecating, brushing teeth, combing hair, bathing, dressing oneself, and eating.

Subp. 46. Speech intensity.

"Speech intensity" means the level of sound intensity of an individual's speech. Speech intensity determines the ability to be heard versus intelligibility which determines the ability to be understood.

Subp. 47. Spinal stenosis.

"Spinal stenosis" means the narrowing of the spinal canal.

Subp. 48. Spondylolisthesis.

"Spondylolisthesis" means the forward movement of one vertebral body on the vertebrae below it or upon the sacrum.

Subp. 49. Spondylolisthesis grade 1.

"Spondylolisthesis grade 1" means forward movement from zero to 25 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 50. Spondylolisthesis grade 2.

"Spondylolisthesis grade 2" means forward movement from 25 to 50 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 51. Spondylolisthesis grade 3.

"Spondylolisthesis grade 3" means movement from 50 to 75 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 52. Spondylolisthesis grade 4.

"Spondylolisthesis grade 4" means forward movement from 75 to 100 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 53. Stupor.

"Stupor" means, in relation to a nervous system injury to the brain, that a strong stimulus or pain is needed to arouse consciousness or response.

Subp. 54. Table for loss of central visual acuity.

"Table for loss of central visual acuity" means the table of Table 2, p. 155 of the A.M.A. Guides, 3rd edition.

Subp. 55. Tandem gait.

"Tandem gait" means walking by placing one foot directly in front of the other in a heel-to-toe fashion.

Subp. 56. Tinnitus.

"Tinnitus" means a subjective sense of noises in the head or ringing in the ear for which there is no observable external cause.

Subp. 57. Trigeminal neuralgia.

"Trigeminal neuralgia" means paroxysmal pain extending along the course of the trigeminal nerve.

Subp. 58. 20/20 Snellen rating.

"20/20 Snellen rating" means a measurement of visual acuity for distance vision. The numerator is the test distance in feet. The denominator is the distance at which the smallest letter discriminated by a patient would subtend five minutes of arc.

Subp. 59. Vertigo.

"Vertigo" means a sensation of moving around in space or having objects move about the person. It is the result of a disturbance of the equilibratory apparatus.

Subp. 60. Visual field chart.

"Visual field chart" means the charts of figure 1, p. 156 of the A.M.A. Guides, 3rd edition.

Subp. 61. VO2 max.

"VO2 max" means the maximum exercise capacity of an individual as measured by cardiopulmonary exercise testing and expressed as oxygen consumption in milliliters/(kilograms x minutes).

Subp. 62. Wrinkling.

"Wrinkling" means small ridges on the skin formed by shrinking or contraction of the skin.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0315 Preexisting Impairments

This part may be used only for the rating of preexisting impairments for determining apportionment under Minnesota Statutes, section 176.101, subdivision 4a. Ratings of permanent partial disability under Minnesota Statutes, section 176.101, subdivisions 3a and 3b, shall be determined under parts 5223.0300 to 5223.0310 and 5223.0320 to 5223.0650. If an impairment is subject to apportionment under Minnesota Statutes, section 176.101, subdivision 4a, the rating for the impaired condition under a category of the schedules of parts 5223.0300 to 5223.0650 must be reduced as provided in this part. As used in this part, "impaired condition" includes the preexisting impairment.

A. This part applies where the preexisting impairment has not been rated and neither item B nor C is applicable.

B. This item applies if the preexisting impairment of a member has been rated in another proceeding or state and the rating represents a percentage of disability to the whole body. The rating of the impaired condition under a category of these schedules shall be reduced by the rating assigned to the preexisting impairment of the member.

C. This item applies if the injury producing the preexisting impairment occurred prior to January 1, 1984, and the preexisting impairment is governed by Minnesota Statutes, section 176.101, subdivision 3; or if Minnesota Statutes, chapter 176, is inapplicable, the rating represents a percentage of disability of a member, and the rating was made prior to the current injury.

D. If Minnesota Statutes, sections 176.101, subdivision 4a, and 176.105, subdivision 4, paragraph (c), apply, apportionment must be determined according to subitems (1) and (2).

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0320 Face, Nose, Mouth, or Throat

Subpart 1. General.

For permanent partial impairment to the face, nose, mouth, or throat other than for cosmetic disfigurement, disability of the whole body is as provided in subparts 2 to 4. Permanent partial impairment due to cosmetic disfigurement is as provided in part 5223.0650 and may be combined with ratings under this part as described in part 5223.0300, subpart 3, item E.

Subp. 2. Chewing or swallowing.

Signs or symptoms of organic disease of the face, nose, mouth, or throat are present or there is an objectively demonstrated neurological lesion of a type known to interfere with chewing or swallowing; and, in the case of organic disease of the face, nose, mouth, or throat, there is anatomic loss or alteration; and signs or symptoms have persisted despite treatment.

A. Restricted to mechanical soft diet, ten percent.

B. Diet restricted to liquids, 25 percent.

C. Diet by tube feeding or gastrostomy, 50 percent.

Subp. 3. Articulation.

Signs or symptoms of organic disease of the face, nose, mouth, or throat are present or there is an objectively demonstrated neurological lesion of a type known to interfere with articulation, as defined in part 5223.0310, subpart 9; and, in the case of organic disease of the face, nose, mouth, or throat, there is anatomic loss or alteration, and signs or symptoms have persisted despite treatment.

A. Speech intensity, as defined in part 5223.0310, subpart 46, is sufficient and 95 percent or more of words, that is, nearly all words, are understood by persons who are not family members, but speech is distorted, three percent.

B. Speech intensity can be sustained but is insufficient in noisy environments, or 95 percent or more of words, that is, nearly all words, are understood by family members, as defined in part 5223.0310, subpart 26, but strangers have difficulty understanding anything but basic communications, that is, name, address, or rote information, ten percent.

C. Speech intensity cannot be sustained for more than a few seconds and 95 percent or more of words, that is, nearly all words, are understood by family members though strangers have difficulty understanding anything but basic communications, 15 percent.

D. Speech is understood by family members only, 20 percent.

E. Can produce only a barely heard whisper; or unintelligible except for basic communication with family members, 25 percent.

F. Completely inaudible or completely unintelligible, 35 percent.

Subp. 4. Upper respiratory tract.

Signs or symptoms of upper respiratory tract obstruction are present, and there is anatomical loss or alteration of nares, nasal cavities, sinuses, eustachian tubes, mouth, pharynx, larynx, upper trachea to fourth ring, or lower trachea to bifurcation, and signs or symptoms have persisted despite treatment.

A. Incomplete or unilateral obstruction of the upper respiratory tract, including, but not limited to, chronic mastoiditis, chronic rhinitis, chronic sinusitis, or chronic eustachian tube defects, two percent.

B. Complete bilateral obstruction of the nose or nasopharynx, five percent.

C. Other disorders, the rating is as provided in part 5223.0560.

Subp. 5. Temporomandibular joint.

Impairment of the temporomandibular joint is ratable only under subparts 2 and 3 and part 5223.0650, subpart 2.

Subp. 6. Jaw and facial bones.

Impairment of the jaw and facial bones is ratable only under subparts 2, 3, and 4 and parts 5223.0330 and 5223.0650, subpart 2.

Subp. 7. Complete loss of teeth.

Ratings under this subpart are not combinable with any other subpart under this part. Ratings under this part may not exceed a total of ten percent whole body impairment.

A. Upper incisors, one percent each.

B. All other teeth, 0.5 percent each.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0330 Eye

Subpart 1. General.

For permanent partial impairment to vision from any cause, disability of the whole body is as provided in subparts 2 and 3. Permanent partial disability due to cosmetic disfigurement is as provided in part 5223.0650 and may be combined with ratings under this part as described in part 5223.0300, subpart 3, item E. Permanent partial disability due to impairment of the jaw and facial bones is as provided in part 5223.0320, subpart 6, and may be combined with ratings under this part as described in part 5223.0300, subpart 3, item E.

Subp. 2. Complete loss of vision.

A. Complete loss of vision in both eyes, 85 percent.

B. Complete loss of vision in one eye:

C. Enucleation:

D. In all other cases of loss of vision, the rating is as provided in subpart 3.

Subp. 3. Incomplete loss of vision.

A. Disability shall not be determined until all medically acceptable attempts to correct the defect have been made. Before the final examination on which disability must be determined, at least six months shall elapse after all visible inflammation has disappeared. In cases of disturbance of extrinsic ocular muscles, optic nerve atrophy, injury of the retina, sympathetic ophthalmia, and traumatic cataract, at least 12 months shall elapse before the final examination is made. Testing shall be conducted with corrective lenses applied, unless indicated otherwise in this part.

B. The primary coordinate factors of vision are central visual acuity, visual field efficiency, and ocular motility.

C. The measurement of the coordinate factors of vision shall be performed as specified in subitems (1) to (3).

D. The visual impairment of one eye is the combination of the percentage losses of central vision acuity, visual field, and ocular motility as described in part 5223.0300, subpart 3, item E. This combination is calculated by combining the loss of vision and the loss of visual field for each eye. The combined loss for the eye with the larger combined loss is combined with the loss of ocular motility. Impairment of the eye shall be increased by adding two percent for each of the following conditions which are present due to the injury:

E. The procedure for determining whole body disability due to vision loss is described in subitems (1) to (5). The better eye has the lower percentage impairment. The poorer eye has the greater percentage impairment.

Subp. 4. Extraocular muscle.

Impairment of extraocular muscle is ratable only under subpart 3.

Subp. 5. Ocular adnexa.

Impairment of the eyelid, eyelashes, conjunctiva, lacrimal duct, or lacrimal gland are ratable only under subpart 3 or part 5223.0650, subpart 2.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0340 Ear

Subpart 1. General.

For permanent partial impairment to hearing, disability to the whole body is as provided in subparts 2 to 8. For hearing loss, the maximum disability of the whole body is 35 percent. Permanent partial impairment due to cosmetic disfigurement is rated as provided in part 5223.0650 and may be combined with ratings under this part as described in part 5223.0300, subpart 3, item E. Permanent partial impairment due to impairment of vestibular function is rated as provided in part 5223.0360, subpart 5, and may be combined with ratings under this part.

Subp. 2. Standards for audiometric calibration and test environment.

To ensure accurate measurement of hearing loss, the standards in items A and B shall be observed in conducting the audiological evaluation required in subpart 4.

A. The audiometer used to measure hearing loss shall be calibrated to meet the specifications of ANSI, S3.6-1969 (R 1973), Specifications for Audiometers, as incorporated by reference in part 5223.0300, subpart 4, item D. The following are also required:

B. Audiometric test rooms or booths shall meet the specifications of ANSI S3.1-1977, Criteria for Permissible Ambient Noise during Audiometric Testing, as incorporated by reference in part 5223.0300, subpart 4, item C.

Subp. 3. Waiting period for final evaluation of hearing loss.

A waiting period of at least three months shall elapse between the date of the occurrence of the noise injury and the final evaluation of the permanent partial hearing loss.

Subp. 4. Procedure for determining binaural hearing loss.

The calculation for the percent of binaural hearing loss is done with the worksheet provided in subpart 5 and consists of the steps in items A to F.

A. For each ear, test the hearing threshold levels at the four frequencies of 500, 1,000, 2,000, and 3,000 Hertz as determined by pure tone air conduction testing.

B. For each ear, determine the average four-frequency hearing level. The average four-frequency hearing level is one-fourth of the sum of the threshold levels at each of the four tested frequencies. The average four-frequency hearing level is expressed in decibels.

C. For each ear, subtract 25 decibels from the average four-frequency hearing level for that ear. The remainder, expressed in decibels, is the adjusted average four-frequency hearing level.

D. For each ear, multiply the adjusted average four-frequency hearing level by 1.5. The product is the monaural hearing loss, expressed as a percentage. A product less than zero percent is deemed to be zero. A product greater than 100 percent is deemed to be 100 percent.

E. Considering both ears, compare the monaural hearing losses as determined in item D. The ear with the smaller monaural hearing loss is the better ear. The ear with the larger monaural hearing loss is the poorer ear.

F. Multiply the monaural hearing loss of the better ear by five, add this product to the monaural hearing loss of the poorer ear, and divide the sum by six. The quotient is the binaural hearing loss, expressed as a percentage. The formula is:

Subp. 5. Worksheet for calculating percent of binaural hearing loss.

Subp. 6. Procedure for determining disability due to binaural hearing loss.

The binaural hearing loss is translated to a percentage of disability of the whole body by the ear schedule in this subpart.

Ear Schedule

Subp. 7. Presbycusis.

The calculation of the binaural hearing loss shall not include an additional adjustment for presbycusis.

Subp. 8. Tinnitus.

No additional percentage of permanent partial impairment for hearing loss shall be allowed for tinnitus, as defined in part 5223.0310, subpart 56.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0350 Skull Defects

Subpart 1. General.

For permanent partial impairment to the skull, disability of the whole body is as provided in subparts 2 and 3. Associated central nervous system deficits must be rated as provided in part 5223.0360 and may be combined with ratings under this part as described in part 5223.0300, subpart 3, item E.

Subp. 2. Skull depressions.

A. Unfilled skull defects are rated according to their surface area, rounded to the nearest square centimeter by rounding up from the midpoint and rounding down from below the midpoint:

B. Filled skull defects are rated at zero percent. If there is a cosmetic deformity, the rating is as provided in part 5223.0650.

Subp. 3. Skull fractures.

For a fracture which deforms the face, the rating is as provided in part 5223.0650, subpart 2.

A. Basilar skull fracture without cerebrospinal fluid leak, zero percent.

B. Other fractures of the skull, zero percent.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0360 Central Nervous System

Subpart 1. General.

For permanent partial impairment of the central nervous system the percentage of disability of the whole body is as provided in subparts 2 to 7.

Subp. 2. Trigeminal nerve.

For permanent partial impairment of the trigeminal nerve, the percent of disability is provided in items A to J:

A. partial unilateral sensory loss, three percent;

B. complete unilateral sensory loss, ten percent;

C. partial bilateral sensory loss, ten percent;

D. complete bilateral sensory loss, 25 percent;

E. intractable trigeminal neuralgia, as defined in part 5223.0310, subpart 57, 20 percent;

F. atypical facial neuralgia, five percent;

G. partial unilateral motor loss:

H. complete unilateral motor loss, more than 75 percent of function lost, five percent;

I. partial bilateral motor loss:

J. complete bilateral motor loss, more than 75 percent of overall function lost, 30 percent.

Subp. 3. Taste or smell.

For permanent partial impairment of taste or smell, the percent of disability is provided in items A and B:

A. total loss of taste, one percent;

B. total loss of smell, one percent.

Subp. 4. Facial nerve.

For injuries to the lower motor neuron, rate each side independently, then add the ratings for the overall impairment:

A. partial unilateral motor loss, 25 to 75 percent of function lost, three percent;

B. unilateral motor loss, more than 75 percent of function lost:

Subp. 5. Dysequilibrium or vertigo.

Signs or symptoms of dysequilibrium, as defined in part 5223.0310, subpart 23, or vertigo, as defined in part 5223.0310, subpart 59, are present and persistent despite therapy, and there is anatomic loss or alteration or objectively measurable neurologic deficit in the vestibular mechanism, ocular mechanism, proprioceptive sense organs, spinal cord, brain stem, cerebellum, or cerebral cortex of a type known to cause dysequilibrium or vertigo:

A. can live independently without supervision or assistance but with restrictions on working at exposed heights, walking on scaffolding or girders, and activities such as riding a bicycle, ten percent;

B. can live independently without supervision or assistance but with restrictions preventing the operation of any motor vehicle, 20 percent;

C. able to perform self cares, as defined in part 5223.0310, subpart 45, independently but requires adaptive equipment for ambulation as defined in part 5223.0310, subpart 6, and is not capable of operating any motor vehicle, 40 percent;

D. requires some assistance with self cares and a wheelchair or human assistance with ambulation, 75 percent;

E. unable to perform self cares and dependent even with wheelchair locomotion, 95 percent.

Subp. 6. Spinal cord.

To rate under this subpart, determine the impairment to the central nervous system, peripheral nervous system, respiratory system, urinary bladder, anus, penis, and any other members as provided in items A to G. The ratings obtained are then combined for the final rating as described in part 5223.0300, subpart 3, item E:

A. central nervous system ataxia, movement disorder, tremor, or spasticity as provided in subpart 7, item E;

B. the extremities as provided in parts 5223.0400 to 5223.0430;

C. the respiratory system as provided in part 5223.0560;

D. the urinary bladder as provided in part 5223.0600, subpart 4;

E. the anus as provided in part 5223.0590, subpart 4;

F. the penis as provided in part 5223.0600, subpart 6, or the vagina or vulva as provided in part 5223.0600, subpart 9;

G. any other members as provided in the appropriate parts of this schedule.

Subp. 7. Brain dysfunction.

Signs or symptoms of organic brain dysfunction due to illness or injury must be present and persistent with anatomic loss or alteration, or objectively measurable neurologic deficit. A rating under this part is the combination as described in part 5223.0300, subpart 3, item E, of the ratings assigned by items A to I.

A. Communications disturbances, expressive:

B. Communication disturbances, receptive:

C. Disturbances of consciousness or complex integrated cerebral function disturbances must be determined by medical observation, and in the case of complex integrated cerebral function, supported by psychometric testing. Functional overlay or primary psychiatric disturbances shall not be rated under this part. Disturbances of complex integrated cerebral function include defects in orientation, ability to abstract or understand concepts, memory, judgment, ability to initiate and perform planned activity, and acceptable social behavior. Disturbances of consciousness include lethargy, clouding of consciousness, delirium, stupor, and coma:

D. Emotional disturbances and personality changes must be substantiated by medical observation and supported by psychometric testing. These disturbances may include irritability, outbursts of rage or aggression, absence of normal emotional response, inappropriate euphoria, depression, abnormal emotional interaction with others, involuntary laughing and crying, akinetic mutism, and uncontrollable fluctuation of emotional state. Primary psychiatric disturbances, including functional overlay, shall not be rated under this part:

E. Ataxia, movement disorder including tremor, or spasticity:

F. Impairments of respiration, urinary bladder function, anorectal function, or sexual function, the rating is as provided in parts 5223.0560 to 5223.0600.

G. Episodic neurologic disorders, that is, syncope, epilepsy, or convulsive disorders:

H. Recurring vascular headaches characterized as throbbing in nature, accompanied by nausea and vomiting, and associated with an inability to perform activities of daily living, as defined in part 5223.0310, subpart 5, in excess of 12 hours, two percent.

I. Motor or sensory impairments, the rating is as provided in parts 5223.0400 to 5223.0430.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; L 2013 c 62 s 32

Minn. R. 5223.0370 Musculoskeletal Schedule; Cervical Spine

Subpart 1. General.

For permanent partial impairment to the cervical spine, disability of the whole body is as provided in subparts 2 to 5. The impairing condition in the cervical spine resulting from an injury may be rated only under one category of subpart 2, 3, or 4. Categories from more than one category in subpart 2, 3, or 4 cannot be used in rating the impairing condition resulting from a single injury. Categories in subparts 2 to 4 may not be combined or added together in rating the extent of impairment due to a single injury except as specifically provided. Categories in other subparts may be combined with the rating under subpart 3 or 4 as specifically provided in this part.

If any injury has resulted in mutually exclusive impairing conditions in other areas of the spine, such as thoracic spine or lumbar spine, the mutually exclusive impairing conditions must be rated separately and all impairments shall be combined as described in part 5223.0300, subpart 3, item E.

A. Permanent partial impairment due to injury of the spinal cord is as provided in part 5223.0360, subpart 6, and may be combined with ratings under subpart 2.

B. Permanent partial impairment due to injury of the nerve roots is as provided in parts 5223.0400 and 5223.0410 and may be combined with ratings under this part if the nerve injury results in complete loss, as defined in part 5223.0410, subpart 1, item A. If the loss is less than complete, the ratings under this part are inclusive of any injury to the nerve.

C. Permanent partial impairment due to bladder dysfunction is as provided in part 5223.0600, subpart 3, and may be combined with ratings under this part.

D. Permanent partial impairment due to sexual dysfunction is as provided in part 5223.0600, subparts 6 and 9, and may be combined with ratings under this part.

E. Permanent partial impairment due to anal dysfunction is as provided in part 5223.0590, subpart 4, and may be combined with ratings under this part.

Subp. 2. Fractures.

A. Compression fracture of vertebral body, with no involvement of posterior elements, one or more vertebral bodies is rated by the greatest loss of vertebral height among the involved segments:

B. Vertebral fractures involving posterior elements and X-ray evidence of dislocation regardless of vertebral compression of any degree:

C. Any other documented acute fracture other than as specified in item A or B, four percent.

D. For fractures of multiple vertebral levels, add three percent, regardless of the number of levels involved, to whichever of item A, B, or C is otherwise applicable.

Subp. 3. Cervical pain syndrome.

A. Symptoms of pain or stiffness in the region of the cervical spine not substantiated by persistent objective clinical findings, regardless of radiographic findings, zero percent.

B. Symptoms of pain or stiffness in the region of the cervical spine, substantiated by persistent objective clinical findings, that is, involuntary muscle tightness in the paracervical muscle or decreased passive range of motion in the cervical spine, but no radiographic abnormality, 3.5 percent.

C. Symptoms of pain or stiffness in the region of the cervical spine, substantiated by persistent objective clinical findings, that is, involuntary muscle tightness in the paracervical muscle or decreased passive range of motion in the cervical spine, and with any radiographic, myelographic, CT scan, or MRI scan abnormality not specifically addressed elsewhere in this part:

Subp. 4. Radicular syndromes.

A. Radicular pain or paresthesia, as defined in part 5223.0310, subpart 44, with or without cervical pain syndrome, not substantiated by persistent objective clinical findings, regardless of radiographic findings, zero percent.

B. Radicular pain or paresthesia, with or without cervical pain syndrome, with persistent objective clinical findings confined to the region of the cervical spine, that is, involuntary muscle tightness in the paracervical muscle or decreased passive range of motion in the cervical spine, but no radiographic findings, 3.5 percent.

C. Radicular pain or paresthesia, with or without cervical pain syndrome, with persistent objective clinical findings confined to the region of the cervical spine, that is, involuntary muscle tightness in the paracervical muscle or decreased passive range of motion in the cervical spine, and with any radiographic, myelographic, CT scan, or MRI scan abnormality not specifically addressed elsewhere in this part:

D. Radicular pain or paresthesia, with or without cervical pain syndrome, and with objective radicular findings, that is, hyporeflexia or EMG abnormality or nerve root specific muscle weakness in the upper extremity, on examination and myelographic, CT scan, or MRI scan evidence of intervertebral disc bulging, protrusion, or herniation that impinges on a cervical nerve root, and the medical imaging findings correlate anatomically with the findings on neurologic examination, nine percent with the addition of as many of subitems (1) to (4) as apply, but each may be used only once:

E. Radicular pain or paresthesia, with or without cervical pain syndrome, and with objective radicular findings, that is, reflex changes or EMG abnormality or nerve root specific muscle weakness in the upper extremity, or myelopathic findings on examination and myelographic, CT scan, or MRI scan evidence of spinal stenosis, as defined in part 5223.0310, subpart 47, that impinges on a cervical nerve root or spinal cord and the medical imaging findings correlate with the findings on neurological examination, ten percent with the addition of as many of subitems (1) to (4) as apply, but each may be used only once:

Subp. 5. Fusion.

A. Fusion, as defined in part 5223.0310, subpart 29, at one level performed as part or all of the surgical treatment of a cervical pain or radicular syndrome, add 2.5 percent to the otherwise appropriate category in subpart 3 or 4.

B. Fusion at multiple levels performed as part or all of the surgical treatment of a cervical pain or radicular syndrome, add five percent to the otherwise appropriate category in subpart 3 or 4.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0380 Musculoskeletal Schedule; Thoracic Spine

Subpart 1. General.

For permanent partial impairment to the thoracic spine, disability of the whole body is as provided in subparts 2 to 4. The impairing condition in the thoracic spine resulting from an injury may be rated only under one category of subpart 2, 3, or 4. Categories from more than one of subpart 2, 3, or 4 cannot be used in rating the impairing condition resulting from a single injury. Categories in subparts 2 to 4 may not be combined or added together in rating the extent of impairment due to a single injury except as specifically provided. Categories in other subparts may be combined with the rating under subpart 3 or 4 as specifically provided in this part.

If any injury has resulted in mutually exclusive impairing conditions in other areas of the spine, such as cervical spine, under part 5223.0370, or lumbar spine, under part 5223.0390, the mutually exclusive impairing conditions must be rated separately and then all ratings combined as described in part 5223.0300, subpart 3, item E.

A. Permanent partial disability due to injury of the spinal cord is as provided in part 5223.0360, subpart 6, and may be combined with ratings under subpart 2.

B. Permanent partial impairment due to bladder dysfunction is as provided in part 5223.0600, subpart 3, and may be combined with ratings under this part.

C. Permanent partial impairment due to sexual dysfunction is as provided in part 5223.0600, subparts 6 and 9, and may be combined with ratings under this part.

D. Permanent partial impairment due to anal dysfunction is as provided in part 5223.0590, subpart 4, and may be combined with ratings under this part.

Subp. 2. Fractures.

A. Compression fracture of vertebral body, with no involvement of posterior elements, one or more vertebral bodies is rated by the greatest loss of vertebral height among the involved segments:

B. Vertebral fractures involving posterior elements and X-ray evidence of dislocation regardless of vertebral compression of any degree:

C. Any other documented acute fracture other than as specified in item A or B, four percent.

D. For fractures of multiple vertebral levels, add three percent, regardless of the number of levels involved, to item A, B, or C as otherwise applicable.

Subp. 3. Thoracic pain syndrome.

A. Symptoms of pain or stiffness in the region of the thoracic spine not substantiated by persistent objective clinical findings, regardless of radiographic findings, zero percent.

B. Symptoms of pain or stiffness in the region of the thoracic spine, substantiated by persistent objective clinical findings, that is, involuntary muscle tightness in the paradorsal muscles, regardless of radiographic abnormality, 2.5 percent.

Subp. 4. Radicular syndromes.

A. Radicular pain or radicular paresthesia, as defined in part 5223.0310, subparts 43 and 44, with or without thoracic pain syndrome, not substantiated by persistent objective clinical findings, regardless of radiographic findings, zero percent.

B. Radicular pain or radicular paresthesia, with or without thoracic pain syndrome, with persistent objective clinical findings confined to the region of the thoracic spine, that is, involuntary muscle tightness in the paradorsal muscles, but no radiographic findings, 2.5 percent.

C. Radicular pain or radicular paresthesia, with or without thoracic pain syndrome, with persistent objective clinical findings confined to the region of the thoracic spine, that is, involuntary muscle tightness in the paradorsal muscles, and with any radiographic, myelographic, CT scan, or MRI scan abnormality not specifically addressed elsewhere in this part, five percent.

D. Radicular pain or radicular paresthesia, with or without thoracic pain syndrome, and myelographic, CT scan, or MRI scan evidence of intervertebral disc bulging, protrusion, or herniation that impinges on a thoracic nerve root, and the medical imaging findings correlate anatomically, three percent with the addition of as many of subitems (1) to (4) as apply, but each may be used only once:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0390 Musculoskeletal Schedule; Lumbar Spine

Subpart 1. General.

For permanent partial impairment to the lumbar spine, disability of the whole body is as provided in subparts 2 to 5. The impairing condition in the lumbar spine resulting from an injury may be rated only under one category of subpart 2, 3, or 4. Categories from more than one of subpart 2, 3, or 4 cannot be used in rating the impairing condition resulting from a single injury. Categories in subparts 2 to 4 may not be combined or added together in rating the extent of impairment due to a single injury except as specifically provided. Categories in other subparts may be combined with the rating under subpart 3 or 4 as specifically provided in this part.

If any injury has resulted in mutually exclusive impairing conditions in other areas of the spine, such as cervical spine, under part 5223.0370, or thoracic spine, under part 5223.0380, the mutually exclusive impairing conditions must be rated separately and then all impairments combined as described in part 5223.0300, subpart 3, item E.

A. Permanent partial impairment due to injury of the spinal cord is as provided in part 5223.0360, subpart 6, and may be combined with ratings under subpart 2.

B. Permanent partial impairment due to injury of the nerve roots is as provided in parts 5223.0420 and 5223.0430 and may be combined with ratings under this part if the nerve root injury results in complete loss as defined in part 5223.0420, subpart 1, item A, or 5223.0430, subpart 1, item A. If the loss is less than complete, the ratings under this part are inclusive of any injury to the nerve root.

C. Permanent partial impairment due to bladder dysfunction is as provided in part 5223.0600, subpart 3, and may be combined with ratings under this part.

D. Permanent partial impairment due to sexual dysfunction is as provided in 5223.0600, subparts 6 and 9, and may be combined with ratings under this part.

E. Permanent partial impairment due to anal dysfunction is as provided in part 5223.0590, subpart 4, and may be combined with ratings under this part.

Subp. 2. Fractures.

A. Compression fracture of vertebral body, with no involvement of posterior elements, one or more vertebral bodies is rated by the greatest loss of vertebral height among the involved segments:

B. Vertebral fractures involving posterior elements and X-ray evidence of dislocation regardless of vertebral compression of any degree:

C. Any other documented acute fracture other than as specified in item A or B, four percent.

D. For fractures of multiple vertebral levels, add three percent, regardless of the number of levels involved, to item A, B, or C as otherwise applicable.

Subp. 3. Lumbar pain syndrome.

A. Symptoms of pain or stiffness in the region of the lumbar spine not substantiated by persistent objective clinical findings, regardless of radiographic findings, zero percent.

B. Symptoms of pain or stiffness in the region of the lumbar spine, substantiated by persistent objective clinical findings, that is, involuntary muscle tightness in the paralumbar muscles or decreased range of motion in the lumbar spine, but no radiographic abnormality, 3.5 percent.

C. Symptoms of pain or stiffness in the region of the lumbar spine, substantiated by persistent objective clinical findings, that is, involuntary muscle tightness in the paralumbar muscles or decreased range of motion in the lumbar spine, and with any radiographic, myelographic, CT scan, or MRI scan abnormality not specifically addressed elsewhere in this part:

D. Symptoms of pain or stiffness in the region of the lumbar spine, substantiated by persistent objective clinical findings, that is, involuntary muscle tightness in the paralumbar muscles or decreased range of motion in the lumbar spine, and with radiographic evidence of spondylolisthesis, as defined in part 5223.0310, subpart 48:

Subp. 4. Radicular syndromes.

A. Radicular pain or radicular paresthesia, as defined in part 5223.0310, subparts 43 and 44, with or without lumbar pain syndrome, not substantiated by persistent objective clinical findings, regardless of radiographic findings, zero percent.

B. Radicular pain or radicular paresthesia, with or without lumbar pain syndrome, with persistent objective clinical findings confined to the region of the lumbar spine, that is, involuntary muscle tightness in the paralumbar muscles or decreased range of motion in the lumbar spine, but no radiographic findings, 3.5 percent.

C. Radicular pain or radicular paresthesia, with or without lumbar pain syndrome, with persistent objective clinical findings confined to the region of the lumbar spine, that is, involuntary muscle tightness in the paralumbar muscles or decreased range of motion in the lumbar spine, and with any radiographic, myelographic, CT scan, or MRI scan abnormality not specifically addressed elsewhere in this part:

D. Radicular pain or radicular paresthesia, with or without lumbar pain syndrome, and with objective radicular findings, that is, hyporeflexia or EMG abnormality or nerve root specific muscle weakness in the lower extremity, on examination and myelographic, CT scan, or MRI scan evidence of intervertebral disc bulging, protrusion, or herniation that impinges on a lumbar nerve root, and the medical imaging findings correlate anatomically with the findings on neurologic examination, nine percent with the addition of as many of subitems (1) to (4) as apply, but each may be used only once:

E. Radicular pain or radicular paresthesia, with or without lumbar pain syndrome, and with objective radicular findings, that is, reflex changes or EMG abnormality or nerve root specific muscle weakness in the lower extremity, on examination and myelographic, CT scan, or MRI scan evidence of spinal stenosis, as defined in part 5223.0310, subpart 47, that impinges on a lumbar nerve root, and the medical imaging findings correlate with the findings on neurological examination, ten percent with the addition of as many of subitems (1) to (4) as apply, but each may be used only once:

Subp. 5. Fusion.

A. Fusion, as defined in part 5223.0310, subpart 29, at one level performed as part or all of the surgical treatment of a lumbar pain or radicular pain syndrome, add five percent to the otherwise appropriate category in subpart 3 or 4.

B. Fusion at multiple levels performed as part or all of the surgical treatment of a lumbar pain or radicular pain syndrome, add ten percent to the otherwise appropriate category in subpart 3 or 4.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0400 Peripheral Nervous System; Upper Extremity-Motor Loss

Subpart 1. General.

For permanent partial impairment to the peripheral nerves, plexuses, and nerve roots of the upper extremity resulting from nerve injury or disease, and if there is total loss of motor function for those particular portions of the body served by the peripheral nerve, plexus, or nerve root, disability to the whole body is as provided in subparts 2 to 6.

A. Total or complete motor loss means that motor function is less than muscle strength grade 2/5.

B. If injury to a nerve, plexus, or nerve root results only in sensory loss, the rating is as provided in part 5223.0410.

C. If motor loss occurs together with sensory loss, the rating under this part may be combined as described in part 5223.0300, subpart 3, item E, with the rating under part 5223.0410.

D. The ratings in this part include the rating of the impairment due to any restriction of range of motion or ankylosis at any joint of the affected member that is strictly the result of the nerve lesion and no further rating for those losses shall be combined with ratings under this part.

Subp. 2. Peripheral nerve.

There is total or complete motor loss of the peripheral nerve, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. median nerve:

B. radial nerve:

C. ulnar nerve:

D. anterior thoracic nerve, three percent;

E. axillary nerve, 21 percent;

F. dorsal scapular nerve, three percent;

G. long thoracic nerve, nine percent;

H. musculocutaneous nerve, 15 percent;

I. subscapular nerve, three percent;

J. suprascapular nerve, 15 percent;

K. thoracodorsal nerve, three percent;

L. spinal accessory nerve, six percent.

Subp. 3. Brachial plexus.

There is total or complete motor loss of the brachial plexus, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. upper trunk (C5, C6), 42 percent;

B. middle trunk (C7), 21 percent;

C. lower trunk (C8, T1), 42 percent;

D. entire plexus, unilateral, 60 percent.

Subp. 4. Nerve root.

There is total or complete motor loss of the nerve root, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. C5 root, 18 percent;

B. C6 root, 21 percent;

C. C7 root, 21 percent;

D. C8 root, 27 percent;

E. T1 root, 12 percent.

Subp. 5. Incomplete loss.

Incomplete loss means that motor function is less than normal but at least antigravity. Motor function is measured in the specific muscles innervated by the injured or diseased nerve, plexus trunk, or nerve root, and muscle strength is graded as follows:

A. 5/5: majority of the tested muscles able to sustain contraction against expected resistance;

B. 4/5: majority of the tested muscles unable to sustain contraction against expected resistance but able to sustain contraction against some applied resistance;

C. 3/5: majority of the tested muscles unable to sustain contraction against any applied resistance but able to move part through full range of motion against gravity;

D. 2/5: majority of the tested muscles able to move part through full range of motion with gravity eliminated. The rating for incomplete loss is made on the muscle strength grade of the majority of the affected muscles:

Subp. 6. Complex regional pain syndrome, reflex sympathetic dystrophy, causalgia, and cognate conditions.

This subpart applies to dates of injury from July 1, 1993, through August 8, 2010. For dates of injury on or after August 9, 2010, rate complex regional pain syndrome, reflex sympathetic dystrophy, causalgia, and cognate conditions as provided under part 5223.0435. For purposes of rating under this part, reflex sympathetic dystrophy, causalgia, and cognate conditions are deemed to occur in a member if at least five of the following conditions persist concurrently in that member: edema, local skin color change of red or purple, osteoporosis in underlying bony structures demonstrated by radiograph, local dyshidrosis, local abnormality of skin temperature regulation, reduced passive range of motion in contiguous or contained joints, local alteration of skin texture of smooth or shiny, or typical findings of reflex sympathetic dystrophy on bone scan.

If reflex sympathetic dystrophy is present and persistent despite treatment, the permanent partial disability, rating from the most proximal joint of the involved member, is:

A. mild: meets the requirements of this subpart, 25 percent of the rating for the appropriate category in part 5223.0540;

B. moderate: meets the requirements of this subpart and the involved member is limited to a helping role in bilateral upper extremity activities, 50 percent of the rating for the appropriate category in part 5223.0540;

C. severe: meets the requirements of this subpart and the involved member cannot be used for most of the activities of daily living, 75 percent of the rating for the appropriate category in part 5223.0540.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0410 Peripheral Nervous System; Upper Extremity-Sensory Loss

Subpart 1. Total loss.

For permanent partial impairment to the peripheral nerves, plexuses, and nerve roots of the upper extremities resulting from nerve injury or disease and if there is loss of sensory function for those particular portions of the body served by the peripheral nerve, plexus, or root, the disability of the whole body is as provided in subparts 2 to 7.

A. Total or complete sensory loss means that there is no preserved sensation.

B. If injury to a nerve, plexus, or nerve root results only in motor loss, the rating is as provided in part 5223.0400.

C. If motor loss occurs together with sensory loss, then the rating under this part may be combined as described in part 5223.0300, subpart 3, item E, with the rating under part 5223.0400.

Subp. 2. Peripheral nerve.

There is total or complete sensory loss of the peripheral nerve, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. in the distribution of the axillary, one percent;

B. in the distribution of the medial antebrachial cutaneous, two percent;

C. in the distribution of the medial brachial cutaneous, two percent;

D. in the distribution of the musculocutaneous, one percent;

E. in the distribution of the radial, three percent;

F. in the distribution of the suprascapular, three percent;

G. in the distribution of the median, 24 percent; or

H. in the distribution of the ulnar:

Subp. 3. Brachial plexus.

There is total or complete sensory loss of the brachial plexus, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. in the distribution of the entire plexus, unilateral, 60 percent;

B. in the distribution of the upper trunk, 15 percent;

C. in the distribution of the middle trunk, three percent;

D. in the distribution of the lower trunk, 12 percent.

Subp. 4. Nerve root.

There is total or complete sensory loss of the nerve root, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. in the distribution of the C5 nerve root, three percent;

B. in the distribution of the C6 nerve root, 12 percent;

C. in the distribution of the C7 nerve root, seven percent;

D. in the distribution of the C8 nerve root, ten percent;

E. in the distribution of the T1 nerve root, three percent.

Subp. 5. Partial loss.

Partial loss means that there is incomplete sensory loss. Partial loss is rated at 25 percent of the percentages assigned in subparts 2 to 4 except as provided for in subpart 6 in regard to sensory loss in the digits.

Subp. 6. Loss of sensation in the digits.

A. Total sensory loss in the digits: signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration, and sensory loss is confined to the digits and not part of a larger sensory loss rated in subpart 2, 3, or 4.

B. Sensory loss distal to proximal interphalangeal joint, 75 percent of the value as provided in item A, either whole, radial side, or ulnar side as applicable.

C. Sensory loss distal to the middle of the distal phalanx, 50 percent of the value as provided in item A, either whole, radial side, or ulnar side as applicable.

D. The levels of sensory loss in the digits and the corresponding disabilities of the whole body are measured as follows:

Subp. 7. Reflex sympathetic dystrophy, causalgia, and cognate conditions.

If reflex sympathetic dystrophy is present and persistent despite treatment, the permanent partial disability, rating from the most proximal joint of the involved member, is:

A. mild: meets the requirements of this subpart, 25 percent of the rating for the appropriate category in part 5223.0540;

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0420 Peripheral Nervous System; Lower Extremity-Motor Loss

Subpart 1. Total loss.

For permanent partial impairment to the peripheral nerves, plexuses, and nerve roots of the lower extremity resulting from nerve injury or disease, and if there is loss of motor function for those particular portions of the body served by the peripheral nerve, plexus, or nerve root, disability to the whole body is as provided in subparts 2 to 6.

A. Total or complete motor loss in the lower extremity means that motor function is less than or equal to muscle strength grade 2/5.

B. If injury to nerve, plexus, or nerve root results in sensory loss alone, the rating is as provided in part 5223.0430.

C. If motor loss occurs together with sensory loss, the rating under this part may be combined as described in part 5223.0300, subpart 3, item E, with the rating under part 5223.0430.

D. The ratings in this part include the rating of the impairment due to any restriction of range of motion or ankylosis of any joint of the affected member that is strictly the result of the nerve lesion and no further rating for those losses shall be combined with ratings under this part.

Subp. 2. Peripheral nerve.

There is total or complete motor loss of the peripheral nerve, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. femoral:

B. obturator nerve:

C. inferior gluteal, six percent;

D. superior gluteal, eight percent;

E. sciatic, entire motor distribution involved, 30 percent;

F. common peroneal, 14 percent;

G. deep peroneal:

H. superficial peroneal, four percent;

I. tibial nerve:

Subp. 3. Lumbosacral plexus.

There is total or complete motor loss of the lumbosacral plexus, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration: entire lumbosacral plexus, unilateral, 50 percent.

Subp. 4. Nerve root.

There is total or complete motor loss of the nerve root, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration:

A. L3 nerve root, eight percent;

B. L4 nerve root, 14 percent;

C. L5 nerve root, 15 percent;

D. S1 nerve root, 12 percent.

Subp. 5. Incomplete loss.

Incomplete loss means that motor function is less than normal but at least antigravity. Motor function is measured in the specific muscles innervated by the injured nerve, plexus, or nerve root, and muscle strength is graded as follows:

A. 5/5: majority of the tested muscles able to sustain contraction against expected resistance;

B. 4/5: majority of the tested muscles unable to sustain contraction against expected resistance but able to sustain contraction against some applied resistance;

C. 3/5: majority of the tested muscles unable to sustain contraction against any applied resistance but able to move part through full range of motion against gravity;

Subp. 6. Reflex sympathetic dystrophy, causalgia, and cognate conditions.

If reflex sympathetic dystrophy is present and persistent despite treatment, the permanent partial disability, rating from the most proximal joint of the involved member, is:

A. mild: meets the requirements of this subpart, 25 percent of the rating for the appropriate category in part 5223.0550;

B. moderate: meets the requirements of this subpart and the individual can ambulate only with assistive devices or special shoes, 50 percent of the rating for the appropriate category in part 5223.0550;

C. severe: meets the requirements of this subpart and the individual is unable to weight-bear to effectively perform most of the activities of daily living, 75 percent of the rating for the appropriate category in part 5223.0550.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0430 Peripheral Nervous System; Lower Extremity-Sensory Loss

Subpart 1. Total loss.

For permanent partial impairment to the peripheral nerves, plexuses, and nerve roots of the lower extremities resulting from nerve injury or disease and where there is loss of sensory function for those particular portions of the body served by the peripheral nerve, plexus, or root, the disability of the whole body is as provided in subparts 2 to 6.

A. Total or complete sensory loss means that there is no preserved sensation.

B. If injury to a nerve, plexus, or nerve root results only in motor loss, the rating is provided in part 5223.0420.

C. If motor loss occurs together with sensory loss, the rating under this part may be combined as described in part 5223.0300, subpart 3, item E, with the rating under part 5223.0420.

Subp. 2. Peripheral nerve.

There is total or complete sensory loss of the peripheral nerve, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration in the distribution of the:

A. femoral, anterior crural, two percent;

B. genitofemoral, or genitocrural, two percent;

C. lateral femoral cutaneous, four percent;

D. posterior cutaneous of thigh, two percent;

E. sciatic, ten percent;

F. superficial peroneal, two percent;

G. tibial nerve:

H. sural (external saphenous), one percent.

Subp. 3. Lumbosacral plexus.

There is total or complete sensory loss of the lumbosacral plexus, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration, and there is objective conformation by electrodiagnostic testing: in the distribution of the lumbosacral plexus, 16 percent.

Subp. 4. Nerve root.

There is total or complete sensory loss of the nerve root, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration in the distribution of the:

A. L3 nerve root, two percent;

B. L4 nerve root, two percent;

C. L5 nerve root, three percent;

D. S1 nerve root, four percent;

E. S2, S3, and S4 nerve roots resulting in saddle anesthesia, two percent, for abnormality of penile sensation or function, the rating is as provided in part 5223.0600, subpart 6; for abnormality of vaginal sensation or function, the rating is as provided in part 5223.0600, subpart 9; for abnormality of anal function, the rating is as provided in part 5223.0590, subpart 4.

Subp. 5. Partial loss.

Partial loss means that there is incomplete sensory loss. Partial loss is rated at 25 percent of the percentages assigned in subparts 2 to 4.

Subp. 6. Reflex sympathetic dystrophy, causalgia, and cognate conditions.

If reflex sympathetic dystrophy is present and persistent despite treatment, the permanent partial disability, rating from the most proximal joint of the involved member, is:

A. mild: meets the requirements of this subpart, 25 percent of the rating for the appropriate category in part 5223.0550;

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0435 Complex Regional Pain Syndrome, Reflex Sympathetic Dystrophy, or Causalgia

Subpart 1. Applicability.

This part applies to dates of injury on or after August 9, 2010. For dates of injury from July 1, 1993, through August 8, 2010, the following parts apply: 5223.0400, subpart 6; 5223.0410, subpart 7; 5223.0420, subpart 6; and 5223.0430, subpart 6.

Subp. 2. Rating.

To rate complex regional pain syndrome, reflex sympathetic dystrophy, causalgia, and cognate conditions, determine the impairment to the peripheral nervous system, the musculoskeletal system, the skin, and the vascular system as provided in items A to I. The ratings obtained are then combined for the final rating as described in part 5223.0300, subpart 3, item E. The percent of whole body disability for complex regional pain syndrome, reflex sympathetic dystrophy, or causalgia of a member shall not exceed the percent of whole body disability for amputation of that member. If there is no rating under items A to I, then the final rating is zero percent.

A. For upper extremity motor loss rate as provided in part 5223.0400, subparts 1 to 5.

B. For upper extremity sensory loss rate as provided in part 5223.0410, subparts 1 to 6.

C. For upper extremity vascular loss rate as provided in part 5223.0580.

D. For loss of range of motion in the upper extremity rate as provided in parts 5223.0450 to 5223.0480.

E. For lower extremity motor loss rate as provided in part 5223.0420, subparts 1 to 5.

F. For lower extremity sensory loss rate as provided in part 5223.0430, subparts 1 to 5.

G. For lower extremity vascular loss rate as provided in part 5223.0580.

H. For loss of range of motion in the lower extremity rate as provided in parts 5223.0500 to 5223.0530.

I. For impairment due to disorder of the skin rate as provided in part 5223.0630.

History

Statutory Authority: MS s 176.105
History: 35 SR 138

Minn. R. 5223.0436 Thoracic Outlet Syndrome

Subpart 1. Applicability.

This part applies to dates of injury on or after August 9, 2010.

Subp. 2. Rating.

To rate thoracic outlet syndrome, determine the impairment to the peripheral nervous system and the vascular system as provided in items A to C. The ratings obtained are then combined for the final rating as described in part 5223.0300, subpart 3, item E. If there is no rating under items A to C, then the final rating is zero percent.

A. For upper extremity motor loss rate as provided in part 5223.0400.

B. For upper extremity sensory loss rate as provided in part 5223.0410.

C. For upper extremity vascular loss rate as provided in part 5223.0580.

History

Statutory Authority: MS s 176.105
History: 35 SR 138

Minn. R. 5223.0440 Musculoskeletal Schedule; Trunk, Excluding Spine

Subpart 1. General.

For permanent partial impairment to the trunk, excluding the spine, disability of the whole body is as provided in this part. For purposes of rating, the trunk has been divided into:

A. the chest, including the scapulae, clavicles, sternum, ribs, costal cartilages, and chest wall musculature; and

B. the abdomen, including the abdominal musculature.

Subp. 2. Chest.

Disorders of the chest resulting in a permanent impairment of the respiration must be rated under part 5223.0560.

A. Scapula:

B. Clavicle:

C. Sternum disorder, dislocation, fracture, or surgical alteration or removal of:

D. Ribs, costal cartilage, and rib musculature, disorder, dislocation, fracture, or surgical alteration or removal of:

Subp. 3. Abdomen.

A. Abdominal muscle:

B. Hernia:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0450 Musculoskeletal Schedule; Shoulder and Upper Arm

Subpart 1. General.

For permanent partial impairment to the shoulder and upper arm, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the arm at the shoulder. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

If an impairing condition is represented by a category designated as exclusive under subpart 2, it must be rated by that category only and that rating may not be combined with a rating under any other category of this part for that impairing condition.

If an impairing condition is represented by a category designated as combinable under subpart 3, it must be rated under that category and under the appropriate categories describing loss of function under subpart 4. The ratings obtained must be combined as described in part 5223.0300, subpart 3, item E.

If an impairing condition is not represented by a category designated either exclusive or combinable, it must be rated only under the appropriate categories describing loss of function under subpart 4.

Subp. 2. Exclusive categories.

A. Acromioclavicular separation of the following severity:

B. Anterior or posterior shoulder dislocation, documented by examination, imaging study, or invasive investigation:

C. Resection distal end of clavicle, three percent.

D. Chronic bicipital tendon rupture, one percent.

E. Resection arthroplasty of the glenohumeral joint, 36 percent.

F. Painful organic syndrome, as defined in part 5223.0310, subpart 40, not elsewhere specified and substantiated by appropriate, consistent, and reproducible clinical or medical imaging findings which results in persistent limitation of active range of motion but no limitation of passive range of motion, zero percent.

Subp. 3. Combinable categories.

A. For dates of injury from July 1, 1993, through August 8, 2010, chronic rotator cuff tear, demonstrated by medical imaging study, with or without surgical repair:

B. Implant arthroplasty of the glenohumeral joint, 18 percent.

C. Fracture or dislocation involving scapula, clavicle, humerus, not otherwise ratable under subpart 2 or 3, or part 5223.0460, zero percent.

D. For dates of injury on or after August 9, 2010, acromioplasty, zero percent.

E. For dates of injury on or after August 9, 2010, rotator cuff tear, demonstrated by medical imaging study:

Subp. 4. Categories describing loss of function.

Function at the shoulder is measured by the available passive range of motion in three arcs at the shoulder: flexion or extension, abduction or adduction, and rotation. Examination with goniometer is performed to determine the limits of passive range of motion in each arc. If there is an impairment in more than one arc, the ratings for each arc are added to determine the final impairment for loss of function.

A. Extent of range of flexion or extension:

B. Extent of range of abduction or adduction:

C. Extent of range of rotation:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0460 Musculoskeletal Schedule; Elbow and Forearm

Subpart 1. General.

For permanent partial impairment to the elbow and forearm, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the arm at the elbow under part 5223.0540. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Exclusive categories.

A. Flail elbow, 39 percent.

B. Resection head of radius, five percent.

C. Painful organic syndrome, as defined in part 5223.0310, subpart 40, including chronic epicondylitis, medial or lateral, not elsewhere specified, and substantiated by appropriate, consistent, and reproducible clinical findings which results in persistent limitation of active range of motion but no limitation of passive range of motion, zero percent.

D. Nerve entrapment syndrome of the radial, median, or ulnar nerve at the elbow or in the forearm:

Subp. 3. Combinable categories.

A. Arthroplasty:

B. Elbow instability: excessive passive mediolateral motion in comparison to normal:

C. Elbow lateral deviation: permanent deformity; measured with elbow in full passive extension:

D. Fracture or dislocation involving humerus, radius, or ulna, not otherwise ratable under subpart 2 or 3 or part 5223.0450 or 5223.0470, zero percent.

Subp. 4. Categories describing loss of function.

Function at the elbow or forearm is measured by the available passive range of motion at the elbow.

The passive range of motion is measured in two arcs: flexion or extension and supination or pronation. Examination with goniometer is performed to determine the limitation of passive range of motion in each arc. If there is impairment in more than one arc, the ratings for each arc are added to determine the overall disability for loss of motion.

A. Extent of range of flexion or extension:

B. Extent of range of rotation:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0470 Musculoskeletal Schedule; Wrist

Subpart 1. General.

For permanent partial impairment to the wrist, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the arm at the wrist under part 5223.0540. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Exclusive categories.

A. Painful organic syndrome, as defined in part 5223.0310, subpart 40, including tendonitis syndrome and de Quervain syndrome, not elsewhere specified, and substantiated by appropriate, consistent, and reproducible clinical findings which results in persistent limitation of active range of motion but no limitation of passive range of motion, zero percent.

B. Nerve entrapment syndrome of the ulnar, radial, or median nerve at the wrist:

Subp. 3. Combinable categories.

A. Arthroplasty:

B. Carpal instability, as defined in part 5223.0310, subpart 12, based on appropriate clinical, laboratory, and medical imaging findings:

C. Fracture or dislocation involving radius, ulna, carpal bone not otherwise ratable under subpart 2 or 3 or part 5223.0460, zero percent.

Subp. 4. Categories describing loss of function.

Function at the wrist is measured by the available passive range of motion at the wrist.

The passive range of motion is measured in two arcs: flexion or extension and deviation. Examination with goniometer is performed to determine the limits of passive range of motion in each arc. If there is impairment in more than one arc, the ratings for each arc are added to determine the overall disability for loss of motion.

A. Extent of range of flexion or extension:

B. Extent of range of deviation:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0480 Musculoskeletal Schedule; Hand and Fingers

Subpart 1. General.

A. Permanent partial impairment of fingers is a disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the hand or digit if the impairing condition is confined to a digit under part 5223.0540. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E. If an impairing condition is represented by a category designated as exclusive under subpart 2, it must be rated by that category only and that rating may not be combined with a rating under any other category of this part for that impairing condition. If an impairing condition is represented by a category designated as combinable under subpart 3, it must be rated under that category and under the appropriate categories describing loss of function under subpart 4. The ratings obtained must be combined as described in part 5223.0300, subpart 3, item E. If an impairing condition is not represented by a category designated either exclusive or combinable, it must be rated only under the appropriate categories describing loss of function under subpart 4.

B. For purposes of computing the percent of disability due to injuries of the digits, each digit and each joint of each digit is assigned a percentage representing the percent of disability of the whole body resulting from 100 percent disability of that digit or joint. In subparts 2, item D; 3; and 4, the final percent disability of the whole body is computed by multiplying the overall percent disability to the digit or joint times the values listed in this subpart.

Subp. 2. Exclusive categories.

A. Mallet deformity, loss of active extension at distal interphalangeal joint of 30 degrees or more, substantiated by objective clinical findings, and persisting despite therapy, or recurring and persisting after attempted surgical correction:

B. Boutonniere deformity, flexion of the proximal interphalangeal joint of 30 degrees or more and extension of the distal interphalangeal joint, which can be reduced passively but not actively, substantiated by objective clinical findings, and persisting despite treatment, or recurring and persisting after attempted surgical correction:

C. Swan neck deformity, hyperextension of the proximal interphalangeal joint exceeding 15 degrees or more and flexion of the distal interphalangeal, which can be reduced passively but not actively, substantiated by objective clinical findings; and persisting despite treatment, or recurring and persisting after attempted surgical correction:

D. Arthroplasty, 100 percent of the value of the joint.

Subp. 3. Combinable categories.

A. Ulnar or radial deviation at a joint: permanent fixed deformity, measured with joint at neutral position:

B. Rotational deformity: permanent fixed deformity, measured with joint at neutral position:

C. Instability: excessive passive ulnar or radial motion in the joint in comparison to normal:

D. Intrinsic tightness: measured by hyperextending the digit at the metacarpophalangeal joint and then attempting to flex the proximal interphalangeal joint, and persisting despite therapy, or recurring and persisting after attempted surgical correction:

E. Triggering: substantiated by objective clinical findings, and persisting despite therapy, or recurring and persisting after attempted surgical correction:

F. Fracture or dislocation involving metacarpal or phalanx not otherwise ratable under subpart 3 or 4, zero percent.

Subp. 4. Categories describing loss of function.

Function of the hand and fingers is measured by the available passive range of motion at each joint and by the quality and extent of tactile sensation in the hand. For injuries involving lacerated tendons, the available active range of motion is measured and applied to items A to H.

The passive range of motion at all joints of the digits excluding the carpometacarpal joint of the thumb is measured in one arc: flexion or extension. Examination with goniometer is performed to determine the limits of passive range of motion at each of these joints. The passive range of motion of the carpometacarpal joint of the thumb is measured by three movements of the thumb: extension or abduction, radial abduction, and opposition. Examination with a metric ruler is performed to determine the passive limitations of each of the movements of the carpometacarpal joint of the thumb.

For the thumb, all appropriate ratings for loss of motion at the interphalangeal, metacarpal, and carpometacarpal joints are added to determine the overall rating for loss of motion of the thumb. This overall rating for loss of motion of the thumb is multiplied by the value of the thumb as provided in subpart 1, item B, subitem (1), to find the whole body disability for loss of motion of the thumb.

For the fingers, ratings for loss of motion at different joints of the same finger are combined to determine the overall rating for loss of motion of the finger. The overall rating for loss of motion of a finger is multiplied by the value of the finger as provided in subpart 1, item B, subitem (1), to find the whole body disability for loss of motion of that finger.

When there is injury to more than one digit, the disabilities for loss of motion of each affected digit are added to determine the overall disability for loss of motion of the hand.

The quality and extent of tactile sensation is evaluated according to part 5223.0410, subpart 6.

Any disability for loss of sensation is combined with any overall disability for loss of range of motion to determine the final disability for loss of function.

A. Extent of range of flexion or extension at metacarpophalangeal joint for fingers excluding the thumb:

B. Extent of range of flexion or extension and the proximal interphalangeal joint for fingers excluding the thumb:

C. Extent of range of flexion or extension at the distal interphalangeal joint for fingers excluding the thumb:

D. Extent of range of flexion or extension at the metacarpophalangeal joint for the thumb:

E. Extent of range of flexion or extension at the interphalangeal joint for the thumb:

F. Abduction of the thumb is the greatest possible distance from the flexor crease of the metacarpophalangeal joint of the fifth metacarpophalangeal joint to the palmar skin of the thumb tuft. The limit of passive abduction is:

G. Radial abduction of the thumb is the greatest possible distance from the radial border of the index finger to the ulnar border of the thumb. The limit of passive radial abduction is:

H. Opposition of the thumb is the smallest possible distance between the thumb and index fingertips. The limit of passive opposition is:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0490 Musculoskeletal Schedule; Pelvis

Subpart 1. General.

For permanent impairment to the pelvis, disability of the whole body is as provided in subpart 2. Permanent impairments due to sprains or strains of the sacroiliac joints must be treated as lumbar regional pain syndrome and rated as provided in part 5223.0390, subpart 3.

A. Permanent partial impairment due to injury to the peripheral nerves is as provided in parts 5223.0420 and 5223.0430, and may be combined with ratings under this part.

B. Permanent partial impairment due to bladder and urinary tract dysfunction is as provided in part 5223.0600, subpart 4, and may be combined with ratings under this part.

C. Permanent partial impairment due to sexual dysfunction is as provided in part 5223.0600, subparts 7 and 10, and may be combined with ratings under this part.

D. Permanent partial impairment due to anal dysfunction is as provided in part 5223.0590, subpart 4, and may be combined with ratings under this part.

Subp. 2. Fractures.

A. Fracture, healed or ununited, without displacement demonstrated on medical imaging study, zero percent.

B. Healed fracture with displacement demonstrated on medical imaging study, and with persistent gait abnormality, five percent.

C. Ununited fracture with displacement demonstrated on medical imaging study, and with persistent gait abnormality, ten percent.

D. Persistent coccygodynia with or without coccyx fracture and with or without surgical treatment, zero percent.

E. Fracture into acetabulum, the rating is the loss of range of motion at the hip as provided in part 5223.0500, subpart 4, and the rating under the categories of this part, and the final rating is the higher of the two, which may not be added or combined.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0500 Musculoskeletal Schedule; Hip and Upper Leg

Subpart 1. General.

For permanent partial impairment to the hip and upper leg, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the leg at the hip under part 5223.0550. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Exclusive categories.

A. Painful organic syndrome, as defined in part 5223.0310, subpart 40, not elsewhere specified and substantiated by appropriate, consistent, and reproducible clinical or medical imaging findings which results in persistent limitation of active range of motion or persistent deviation of gait but no limitation of passive range of motion, zero percent.

B. Nerve entrapment syndrome of the femoral, obturator, or sciatic nerve at the pelvis, hip, or upper leg:

C. Nonunion of femoral shaft fracture requiring nonweight bearing orthosis for ambulation, 20 percent.

Subp. 3. Combinable categories.

A. Traumatic or surgical discrepancy of the lower extremity:

B. Arthroplasty, eight percent.

C. Fractures:

Subp. 4. Categories describing loss of function.

Function of the hip is measured by the available passive range of motion in three arcs: flexion or extension, abduction or adduction, and rotation. Examination with goniometer is performed to determine the limits of passive range of motion in each arc.

If there is impairment in more than one arc, the rating for each arc is added to determine the final rating for loss of function.

A. Extent of range of flexion or extension:

B. Extent of range of abduction or adduction:

C. Extent of range of rotation:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0510 Musculoskeletal Schedule; Knee and Lower Leg

Subpart 1. General.

For permanent partial impairment to the knee and lower leg, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the leg at the knee under part 5223.0550. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Exclusive categories.

A. Plateau fracture:

B. Supracondylar or intercondylar fracture:

C. Patellar shaving, one percent.

D. Ruptured collateral ligament repaired or unrepaired:

E. Repair patellar dislocation, five percent.

F. Lateral retinacular release, one percent.

G. Painful organic syndrome, as defined in part 5223.0310, subpart 40, not elsewhere specified and substantiated by appropriate, consistent, and reproducible clinical or medical imaging findings which results in persistent limitation of active range of motion or persistent deviation of gait but no limitation of passive range of motion, zero percent.

H. Nerve entrapment syndrome of the tibial or peroneal nerves at the knee or in the lower leg:

I. Nonunion of tibia fracture requiring nonweight bearing orthosis for ambulation, 18 percent.

Subp. 3. Combinable categories.

A. Partial or total patellectomy, four percent.

B. Meniscectomy, or excision of semilunar cartilage in a single knee. If meniscectomy, or excision of semilunar cartilage is performed on both knees, rate each separately and combine the ratings for the overall impairment:

C. Arthroplasty:

D. Cruciate ligament laxity:

E. Posttraumatic varus deformity:

F. Posttraumatic valgus deformity:

G. Proximal tibial osteotomy, four percent.

H. Distal femoral osteotomy, four percent.

I. Fracture or dislocation involving the femur, tibia, or fibula not otherwise ratable under subpart 2 or 3 or part 5223.0500 or 5223.0520, zero percent. For dates of injury on or after August 9, 2010, fracture or dislocation involving the patella not otherwise rated under this subpart, subpart 2, or part 5223.0500 or 5223.0520, zero percent.

Subp. 4. Categories describing loss of function.

Function of the knee is measured by the available passive range of motion in flexion or extension. Examination with goniometer is performed to determine the limits of passive range.

A. Extent of range of flexion or extension:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0520 Musculoskeletal Schedule; Ankle

Subpart 1. General.

For permanent partial impairment to the ankle, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the leg at the ankle under part 5223.0550. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Exclusive categories.

A. Achilles tendon rupture:

B. Ankle, rupture of medial or lateral ligament, repaired or unrepaired:

C. Painful organic syndrome, as defined in part 5223.0310, subpart 40, not elsewhere specified and substantiated by appropriate, consistent, and reproducible clinical or radiographic findings which results in persistent limitation of active range of motion or persistent deviation of gait but no limitation of passive range of motion, zero percent.

D. Nerve entrapment syndrome of the plantar, sural, or peroneal nerve at the ankle or in the foot:

E. Calcaneal fracture, extraarticular, three percent.

Subp. 3. Combinable categories.

A. Calcaneal fracture, intra-articular, three percent.

B. Avascular necrosis of the talus, ten percent.

C. Arthroplasty, ten percent.

D. Ankle fractures:

Subp. 4. Categories describing loss of function.

Function of the ankle is measured by available passive range of motion in two arcs: flexion or extension and inversion or eversion. Examination with goniometer is performed to determine the limits of passive range in each arc. If there is impairment in both arcs, the ratings for loss of motion in the arcs are added to determine the final rating of disability for loss of function.

A. Extent of range of dorsoplantar flexion:

B. Extent of range of inversion or eversion:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0530 Musculoskeletal Schedule; Foot and Toes

Subpart 1. General.

For permanent partial impairment to the foot and toes, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the foot, or toe when the impairing condition is confined to a toe under part 5223.0550. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Exclusive categories.

A. Painful organic syndrome, as defined in part 5223.0310, subpart 40, not elsewhere specified and substantiated by appropriate, consistent, and reproducible clinical or radiographic findings which results in persistent limitation of active range of motion or persistent deviation of gait but no limitation of passive range of motion, zero percent.

B. Tarsal fractures:

C. Tarsal metatarsal fracture or dislocation:

D. Metatarsal fractures:

E. Phalangeal fractures:

Subp. 3. Categories describing loss of function.

Function of the toes is the availability of passive motion at the joints. When there is more than one impairment to a toe, combine the separate disabilities for the final rating. If there is impairment to more than one toe, add the separate disabilities of each toe for the final rating for loss of function.

A. Ankylosis, as defined in part 5223.0310, subpart 7, of the interphalangeal joint of the great toe:

B. Ankylosis of the metatarsophalangeal joint of the great toe as determined by standing in a barefoot lateral projection X-ray and through being measured of the proximal phalanx from the weight-bearing surface:

C. Ankylosis of joints of second through fifth toes:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0540 Musculoskeletal Schedule; Amputations of Upper Extremity

Subpart 1. Amputations.

Permanent partial impairment due to amputation of upper extremities is a disability of the whole body as follows:

A. amputation of the upper extremity at the shoulder, including removal of the ipsilateral scapula, clavicle, and muscles of the upper extremity attaching to the chest, 70 percent;

B. disarticulation, as defined in part 5223.0310, subpart 21, at shoulder joint, 60 percent;

C. amputation of arm above deltoid insertion, 60 percent;

D. amputation of arm between deltoid insertion and elbow joint, 57 percent;

E. disarticulation at elbow joint, 57 percent;

F. amputation of forearm below elbow but proximal to insertion of biceps tendon, 57 percent;

G. amputation of forearm below elbow joint distal to insertion of biceps tendon, 54 percent;

H. disarticulation at wrist joint, 54 percent;

I. midcarpal or midmetacarpal amputation of hand, 54 percent;

J. amputation of multiple digits, add as described in part 5223.0300, subpart 3, item F, the ratings obtained for the specific abnormalities in items K to O;

K. amputation of thumb:

L. amputation of index finger:

M. amputation of middle finger:

N. amputation of ring finger:

O. amputation of little finger:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0550 Musculoskeletal Schedule; Amputations of Lower Extremities

Subpart 1. Amputations.

For permanent partial impairment due to amputation of lower extremities, the disability of the whole body is:

A. amputation of the lower limb through the sacroiliac joint, 50 percent;

B. disarticulation, as defined in part 5223.0310, subpart 21, at hip joint, 40 percent;

C. amputation above knee joint, three inches or less below tuberosity of ischium, 40 percent;

D. amputation above knee joint more than three inches below tuberosity of ischium, 36 percent;

E. disarticulation at knee joint, 34 percent;

F. amputation below knee joint, four inches or less below intercondylar notch, 34 percent;

G. amputation below knee joint more than four inches below intercondylar notch, 28 percent;

H. amputation at ankle, Syme type to midmetatarsal, 26 percent;

I. midmetatarsal amputation, 14 percent;

J. amputation of all toes at metatarsophalangeal joints, eight percent;

K. amputation of great toe:

L. amputation of any of second to fifth toes:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0560 Respiratory

Subpart 1. Evaluation procedures.

The procedures used in evaluating permanent partial impairment of the respiratory system includes the following:

A. performance of the following tests of ventilation, as defined in part 5223.0310, subparts 18, 27, and 30:

B. performance of cardiopulmonary exercise testing. Cardiopulmonary exercise testing, as defined in part 5223.0310, subpart 11, should be done when complaints of dyspnea and limitation of activity are more severe than spirometry or DCO would indicate, or there was incorrect or submaximum performance in the spirometry or DCO tests. Performance on cardiopulmonary exercise testing is measured by the VO2 max, as defined in part 5223.0310, subpart 61.

Subp. 2. Fixed obstructive or restrictive disease.

A permanent partial impairment of the respiratory system due to fixed obstructive or restrictive disease must be rated under one of items A to F. If the measurements of FEV1, FVC, FEV1/FVC, DCO, or VO2 max fall in different items, then the item that provides for the largest percentage of disability is the appropriate rating for the condition.

A. Class 1, zero percent:

B. Class 2, ten percent:

C. Class 3, 25 percent:

D. Class 4, 50 percent:

E. Class 5, 75 percent:

F. Class 6, 95 percent:

Subp. 3. Asthma and pulmonary conditions with an asthmatic component.

Asthma and pulmonary conditions with an asthmatic component may be rated only under this subpart. Ratings under subpart 2 may not be substituted for or combined with ratings under this subpart.

A. Ratings under this subpart are based on:

B. The permanent partial disability for asthma and pulmonary conditions with an asthmatic component is:

C. Additional impairment occurs if persistent steroid therapy is required for the treatment of the asthma or asthmatic component:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0570 Organic Heart Disease

Subpart 1. General.

For permanent partial impairment due to organic heart disease, the disability of the whole body is as provided in subparts 2 and 3.

Subp. 2. Organic heart disease.

Signs or symptoms of organic heart disease are documented, there is anatomic loss or alteration as demonstrated by angiography or nuclear medicine study.

Objective evidence of myocardial infarction is documented, that is, cardiac enzymes or EKG changes:

A. uncomplicated, five percent;

B. with persistent abnormal cardiac function, the rating is as provided in subpart 3 and combined as described in part 5223.0300, subpart 3, item E, with five percent.

Subp. 3. Exercise limitation.

Signs or symptoms of organic heart disease are documented, there is anatomic loss or alteration as demonstrated on angiography or nuclear medicine study. The percentage of disability is determined by the loss of functional exercise capacity as measured by Bruce protocol exercise stress test or nuclear isotope exercise study.

A. Able to exercise to a VO2 max greater than 25 milliliters per kilogram each minute, zero percent.

B. Exercise stress test or exercise study stopped at or VO2 max of 25 milliliters per kilogram each minute but after 22 milliliters per kilogram each minute due to development of diagnostic ischemic changes, arrhythmia, pathological change in blood pressure or blood pressure-heart rate product, or the development of objective clinical signs of cardiac dysfunction, or dyspnea with rales on auscultation, or chest pain relieved by nitroglycerin, ten percent.

C. Exercise stress test or exercise study stopped at or before VO2 max of 22 milliliters per kilogram each minute but after 19 milliliters per kilogram each minute due to development of diagnostic ischemic changes, arrhythmia, pathological change in blood pressure or blood pressure-heart rate product, or the development of objective clinical signs of cardiac dysfunction, or dyspnea with rales on auscultation, or chest pain relieved by nitroglycerin, 25 percent.

D. Exercise stress test or exercise study stopped at or before VO2 max 19 milliliters per kilogram each minute but after 15 milliliters per kilogram each minute due to development of diagnostic ischemic changes, arrhythmia, pathological change in blood pressure or blood pressure-heart rate product, or the development of objective clinical signs of cardiac dysfunction, or dyspnea with rales on auscultation, or chest pain relieved by nitroglycerin, 50 percent.

E. Exercise stress test or exercise study stopped at or before VO2 max of 15 milliliters per kilogram each minute but after seven milliliters per kilogram each minute due to development of diagnostic ischemic changes, arrhythmia, pathological change in blood pressure or blood pressure-heart rate product, or the development of objective clinical injury of cardiac dysfunction, or dyspnea with rales on auscultation, or chest pain relieved by nitroglycerin, 75 percent.

F. Exercise stress test or exercise study stopped before a VO2 max of seven milliliters per kilogram each minute due to development of diagnostic ischemic changes, arrhythmia, pathological change in blood pressure or blood pressure-heart rate product, or the development of objective clinical signs of cardiac dysfunction, or dyspnea with rales on auscultation, or chest pain relieved by nitroglycerin, 95 percent.

G. Diagnostic ischemic changes at rest, 95 percent.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0580 Vascular Disease Affecting Extremities

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment of the vascular system, including the arteries, veins, and lymphatics. For purposes of evaluation, disorders of the vascular system are grouped into the following categories:

A. ulceration;

B. edema;

C. intermittent claudication;

D. Raynaud's Phenomenon. A permanent partial impairment of the vascular system may be rated under any of subparts 1 to 6, but only under one subpart for any injury or illness. The category that is appropriate and provides for the largest percentage of disability is the correct category for rating. Any amputation occurring due to impairment of the vascular system shall be rated separately as provided in parts 5223.0540 and 5223.0550 and is the sole rating due to the vascular impairment for that member. If only a part of a limb, that is, a single finger, is amputated, the remainder of the limb may suffer a permanent impairment due to a vascular disorder, that is, Raynaud's Phenomenon in the remaining fingers. In such a case, the ratings under this part may be combined with ratings under parts 5223.0540 and 5223.0550.

Subp. 2. Ulceration.

Subp. 3. Edema.

There is organic disease of the arterial, venous, or lymphatic system as demonstrated by an X-ray with or without contrast, computerized axial tomogram, sonogram, or radionuclide scan, or a volume study or a flow study. For purposes of rating under this subpart, the value of the upper extremity shall be 60 percent of the whole body and the value of the lower extremity shall be 40 percent of the whole body. The ratings for each limb involved are combined as described in part 5223.0300, subpart 3, item E, to determine the final rating under this subpart.

A. No edema, or edema completely controlled by treatment, zero percent.

B. There is persistent mild to moderate edema of a limb that is incompletely controlled by treatment, ten percent of the value of the extremity, that is, six percent of the whole body for an upper extremity, four percent of the whole body for a lower extremity.

C. There is persistent severe edema of a limb that is incompletely controlled by treatment, 30 percent of the value of the extremity, that is, 18 percent of the whole body for an upper extremity, 12 percent of the whole body for a lower extremity.

D. There is persistent severe edema of a limb that is completely unamenable to treatment, 65 percent of the value of the extremity, that is, 39 percent of the whole body for an upper extremity, 26 percent of the whole body for a lower extremity.

Subp. 4. Intermittent claudication.

The rating under this subpart is the same whether vascular impairment in one or both lower extremities is the cause of the intermittent claudication. There is organic disease of the arterial system in the lower extremity as demonstrated by an X-ray with or without contrast, computerized axial tomogram, sonogram, or radionuclide scan, or a volume study or a flow study, and:

A. no intermittent claudication, or claudication completely controlled by treatment, zero percent;

B. intermittent claudication occurs after walking more than 500 feet on level ground despite treatment, ten percent of the whole body;

C. intermittent claudication occurs after walking less than 500 feet on level ground despite treatment, 30 percent of the whole body;

D. claudication occurs at rest despite treatment, 85 percent of the whole body.

Subp. 5. Raynaud's Phenomenon.

There is organic disease of the arterial system in the upper extremity as demonstrated by a radiograph, X-ray with or without contrast, computerized axial tomogram, sonogram, or radionuclide scan, or a volume study or a flow study, or organic disease of the autonomic nervous system. The ratings for both upper extremities are combined as described in part 5223.0300, subpart 3, item E, to determine the final rating under this subpart.

A. Raynaud's Phenomenon occurs in a limb on exposure to ambient temperatures lower than zero degrees centigrade, or 32 degrees Fahrenheit, but is controlled by treatment, zero percent.

B. Raynaud's Phenomenon occurs in a limb on exposure to ambient temperatures lower than four degrees centigrade, or 39 degrees Fahrenheit, despite treatment, five percent.

C. Raynaud's Phenomenon occurs in a limb on exposure to ambient temperatures lower than ten degrees centigrade, or 50 degrees Fahrenheit, despite treatment, 20 percent.

D. Raynaud's Phenomenon occurs in a limb on exposure to ambient temperatures lower than 20 degrees centigrade, or 68 degrees Fahrenheit, despite treatment, 40 percent.

Subp. 6. Surgical alteration.

Surgical removal or alteration of all or part of an artery, vein, or lymphatic not otherwise ratable under this part, zero percent.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0590 Gastrointestinal Tract

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment of the gastrointestinal tract. For evaluative purposes, the gastrointestinal tract has been divided into:

A. the upper digestive tract including the esophagus, stomach, duodenum, small intestine, and pancreas;

B. the colon and rectum;

C. the anus;

D. the liver;

E. the biliary tract;

F. enterocutaneous fistulas. The ratings determined under subparts 2 to 7 may be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Upper digestive tract.

Esophagus, stomach, duodenum, small intestine, and pancreas.

A. Class 1, two percent. Signs or symptoms of organic upper digestive tract disorder are present; there is anatomic loss or alteration, but treatment is not required; and weight can be maintained at the desirable level, as defined in part 5223.0310, subpart 20, by oral diet.

B. Class 2, 15 percent. Signs or symptoms of organic upper digestive tract disorder are present; there is anatomic loss or alteration; treatment with dietary restriction and drugs is required for control of symptoms, signs, or nutritional deficiency; and there is loss of weight below the desirable weight which does not exceed ten percent on oral diet.

C. Class 3, 35 percent:

D. Class 4, 65 percent. Signs or symptoms of organic upper digestive tract disorder are present; there is anatomic loss or alteration; continuous treatment with dietary restrictions and drugs does not completely control symptoms, signs, or nutritional state; and there is loss of weight below the desirable weight which is greater than 20 percent regardless of whether on oral diet or intravenous hyperalimentation.

E. Surgical removal or alteration of all or part of the esophagus, stomach, duodenum, small intestine, or pancreas, not otherwise ratable under this subpart or subpart 7 or part 5223.0620, zero percent.

Subp. 3. Colon and rectum.

Fiber supplements are not to be considered a special diet or a restriction of diet.

A. Class 1, two percent. Signs or symptoms of organic colonic or rectal disorder are infrequent; limitation of activities, special diet, or medication is not required; no systemic manifestations are present; and weight can be maintained at the desirable level, as defined in part 5223.0310, subpart 20.

B. Class 2, 15 percent. Signs or symptoms of organic colonic or rectal disorder are frequent; there is anatomic loss or alteration; there is intermittent disturbance of bowel function, accompanied by periodic or continual pain; no continuous restriction of diet or symptomatic therapy is necessary; and weight can be maintained at desirable weight.

C. Class 3, 30 percent. Signs or symptoms of organic colonic or rectal disorder are very frequent; there is anatomic loss or alteration; there are moderate to severe exacerbations of disturbance of bowel function, accompanied by periodic or continual pain; treatment with restriction of activity, special diet, and drugs is required during episodes of symptoms; and there is loss of weight below the desirable weight or anemia due to blood loss.

D. Class 4, 50 percent. Signs or symptoms of organic colonic and rectal disorder are continuous; there is anatomic loss or alteration; there are persistent disturbances of bowel function with severe persistent pain; treatment with complete limitation of activity, restriction of diet, and medication is required and does not entirely control the symptoms; and there is loss of weight below the desirable weight or anemia due to blood loss.

E. Surgical removal or alteration of all or part of the colon and rectum, not otherwise ratable under this subpart or subpart 7, zero percent.

Subp. 4. Anus.

A. Class 1, two percent:

B. Class 2, 12 percent:

C. Class 3, 22 percent:

Subp. 5. Liver.

A. Class 1, five percent:

B. Class 2, 20 percent. There is objective evidence of persistent liver disorder even though no symptoms of liver disease are present; there is no history of ascites, jaundice, or bleeding esophageal varices within five years; weight can be maintained at the desirable level; and biochemical studies, that is, SGOT or SGPT, are more than four times the upper limit of normal.

C. Class 3, 40 percent. There is objective evidence of persistent liver disorder; there is a history of jaundice, ascites, or bleeding esophageal or gastric varices within the past year; and there are intermittent symptoms of portosystemic encephalopathy.

D. Class 4, 75 percent. There is objective evidence of persistent liver disorder; there is persistent ascites, jaundice, or bleeding esophageal or gastric varices; there are central nervous system manifestations of hepatic insufficiency; and there is loss of lean body weight below the desirable weight which is greater than ten percent.

E. Surgical removal or alteration of part of the liver, not otherwise ratable under this subpart or subpart 7, zero percent.

Subp. 6. Biliary tract.

A. Class 1, five percent. There are less than four episodes in a 12-month period of biliary tract dysfunction.

B. Class 2, 20 percent. There are more than four episodes in a 12-month period of biliary tract dysfunction, and symptoms are unresponsive or unamenable to treatment.

C. Class 3, 40 percent. There is irreparable persisting obstruction of the bile tract with recurrent cholangitis.

D. Class 4, 75 percent. There is persistent jaundice and liver disorder due to obstruction of the common bile duct, and the liver disease is as described in subpart 5, item D.

E. Surgical removal or alteration of all or part of the biliary tract or gallbladder, not otherwise ratable under this subpart or subpart 7, zero percent.

Subp. 7. Enterocutaneous fistulas.

A. Esophagostomy, as defined in part 5223.0310, subpart 24, ten percent.

B. Gastrostomy, as defined in part 5223.0310, subpart 31, ten percent.

C. Jejunostomy, as defined in part 5223.0310, subpart 34, 15 percent.

D. Ileostomy, as defined in part 5223.0310, subpart 33, 15 percent.

E. Colostomy, as defined in part 5223.0310, subpart 15, five percent.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0600 Reproductive and Urinary Tract Schedule

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment of the reproductive and urinary systems. The percentages indicated in this schedule are the disability of the whole body for the corresponding class. For evaluative purposes, the reproductive and urinary systems are divided into the:

A. upper urinary tract;

B. bladder;

C. urethra;

D. male reproductive organs; and

E. female reproductive organs. The ratings determined under subparts 2 to 11 may be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Upper urinary tract.

A. Loss of a single kidney, ten percent. This category shall apply only when loss of a single kidney is the only upper urinary tract permanent partial impairment. When loss of a single kidney occurs in combination with any one of the classes in items B to E, the disability rating for that class shall be increased by adding ten percent to the otherwise applicable rating.

B. Class 1, five percent. Signs or symptoms of organic and irreversible upper urinary tract disorder are present; there is anatomic loss or alteration; and the creatinine clearance is decreased below normal but is greater than 52 milliliters per minute.

C. Class 2, 22 percent. Signs or symptoms of organic and irreversible upper urinary tract disorder are present; there is anatomic loss or alteration; and the creatinine clearance is less than 52 milliliters per minute but is greater than 42 milliliters per minute.

D. Class 3, 47 percent. Signs or symptoms of organic and irreversible upper urinary tract disorder are present; there is anatomic loss or alteration; and the creatinine clearance is less than 42 milliliters per minute but is greater than 28 milliliters per minute.

E. Class 4, 77 percent:

F. Surgical removal or alteration of all or part of the upper urinary tract not otherwise ratable under this subpart or subpart 4, zero percent.

Subp. 3. Bladder.

A. Class 1, five percent. Signs or symptoms of organic bladder disorder are present and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with bladder function, and intermittent treatment is required, but there is no evidence of intervening malfunction between episodes of treatments or symptomatology.

B. Class 2, 15 percent. Signs or symptoms of organic bladder disorder are present, and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with bladder function, and continuous treatment is required, but there is no incontinence.

C. Class 3, 20 percent. Signs or symptoms of organic bladder disorder are present and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with bladder function, and there is intermittent incontinence.

D. Class 4, 30 percent. Signs or symptoms of organic bladder disorder are present and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with bladder function, and there is total incontinence.

E. Surgical removal or alteration of all or part of the bladder not otherwise ratable under this subpart or subpart 4, zero percent.

Subp. 4. Urinary diversion.

A. Uretero - intestinal, ten percent.

B. Cutaneous ureterostomy without intubation, ten percent.

C. Nephrotomy or intubated ureterostomy, 15 percent.

Subp. 5. Urethra.

A. Class 1, two percent. Signs or symptoms of organic urethral disorder are present; there is anatomic loss or alteration; and intermittent therapy is required to control symptoms.

B. Class 2, 15 percent. Signs or symptoms of organic urethral disorder are present that are not controlled by treatment and there is anatomic loss or alteration.

Subp. 6. Penis.

A. Psychogenic impotence, zero percent.

B. Class 1, ten percent. There is an objectively demonstrated organic dysfunction and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with penile function, and sexual function is possible but there is difficulty with erection, ejaculation, or sensation.

C. Class 2, 15 percent. There is an objectively demonstrated organic dysfunction and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with penile function, and erection is possible but ejaculation and sensation are absent.

D. Class 3, 20 percent. There is an objectively demonstrated organic dysfunction and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with penile function, and there is complete absence of erection, ejaculation, and sensation.

Subp. 7. Testes, epididymides, and spermatic cords.

A. Class 1, five percent:

B. Class 2, ten percent. Signs or symptoms of organic testicular, epididymal, or spermatic cord disorder are present; there is anatomic alteration or loss; continuous treatment is required; and there are objectively detectable seminal or hormonal abnormalities.

C. Class 3, 20 percent:

Subp. 8. Prostate and seminal vesicles.

A. Class 1, five percent. Signs or symptoms of organic prostatic or seminal vesicular dysfunction or disorder are present; there is anatomic alteration or loss; and continuous treatment is not required.

B. Class 2, ten percent. Signs or symptoms of organic prostatic or seminal vesicular dysfunction or disorder are present; there is anatomic alteration or loss; and continuous treatment is required.

C. Class 3, 20 percent. There has been ablation of the prostate or seminal vesicles.

Subp. 9. Vulva and vagina.

A. Class 1, ten percent:

B. Class 2, 20 percent. Signs or symptoms of organic vulvar or vaginal dysfunction or disorder are present and there is anatomic loss or alteration, or there is an objectively demonstrated neurological lesion known to interfere with sexual function, and there is impaired sexual function, and penile containment is not possible.

Subp. 10. Cervix and uterus.

A. Class 1, five percent:

B. Class 2, ten percent:

C. Class 3, 20 percent:

Subp. 11. Fallopian tubes and ovaries.

A. Class 1, five percent:

B. Class 2, ten percent. Signs or symptoms of organic disorder or deformity of the fallopian tubes or ovaries are present, and continuous treatment is required, but tubal patency persists and ovulation is possible.

C. Class 3, 20 percent:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0610 Hematopoietic

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment of the hematopoietic system. For evaluation purposes, the following are considered separately:

A. red blood cells;

B. platelets; and

C. white blood cells. The ratings determined under subparts 2 to 4 may be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Red blood cells.

A. History of persistent anemia substantiated by objective tests, and uncorrected by appropriate and persistent therapy:

B. History of persistent erythrocytosis substantiated by objective tests, uncorrected by continuous therapy for 12 months, and not related to a condition which can be rated as provided in parts 5223.0560 to 5223.0580:

Subp. 3. Platelets.

A. History of persistent thrombocytopenia substantiated by objective tests, and uncorrected by persistent and appropriate therapy:

B. Any permanent impairment to other body parts or organs directly resulting from hemorrhage secondary to the thrombocytopenia must be rated as provided in the appropriate parts of this schedule. These ratings must be combined with each other and with any ratings under this part in the manner described in Minnesota Statutes, section 176.105, subdivision 4, paragraph (c).

Subp. 4. White blood cells.

A. History of persistent leukopenia substantiated by objective tests, and uncorrected by persistent and appropriate therapy:

Subp. 5. Spleen.

Surgical removal or alteration of all or part of the spleen, not otherwise ratable under this part, zero percent.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0620 Endocrine

Subpart 1. General.

For permanent partial impairment due to endocrine disease, the disability of the whole body is as provided in subparts 2 to 5. For evaluation purposes, the following are considered separately:

A. hypothyroidism;

B. hypoparathyroidism;

C. hypoadrenalism; and

D. hypoinsulinism. Any permanent partial impairment to other body parts or organs directly resulting from any of these endocrine disorders must be rated as provided in the appropriate parts of this schedule. These ratings may be combined with each other and with any ratings under this part as described in part 5223.0300, subpart 3, item E.

Subp. 2. Thyroid; hypothyroidism.

History of signs or symptoms of thyroid insufficiency substantiated by objective tests, and there is anatomic loss or alteration, and persisting for 12 months:

A. signs or symptoms resolved with chronic replacement therapy, zero percent;

B. signs or symptoms cannot be fully resolved with replacement therapy, 15 percent.

Subp. 3. Parathyroid; hypoparathyroidism.

History of signs or symptoms of parathyroid insufficiency substantiated by objective tests, and there is anatomic loss or alteration, and persisting:

A. normal calcium level maintained by replacement therapy, zero percent;

B. normal calcium level cannot be maintained despite replacement therapy, ten percent.

Subp. 4. Adrenal; hypoadrenalism.

History of signs or symptoms of adrenal insufficiency substantiated by objective tests, and there is anatomic loss or alteration, and persisting:

A. signs or symptoms resolved with replacement therapy, zero percent;

B. signs or symptoms cannot be consistently controlled with replacement therapy, 15 percent.

Subp. 5. Insulin; hypoinsulinism.

History of signs or symptoms of insulin deficiency substantiated by objective tests, and there is anatomic loss or alteration to the islets of Langerhans, and persisting:

A. signs or symptoms controlled with diet alone, two percent;

B. signs or symptoms controlled with oral medication and diet, four percent;

C. signs or symptoms controlled with insulin and diet, 15 percent;

D. signs or symptoms inadequately controlled despite treatment with insulin and diet, 25 percent.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0630 Skin Disorders

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment of the skin. This schedule is not affected by the location of the skin disorder or the percentage of the body surface area involved, or by the type of skin disorder, except for those due to heat injuries and cold injuries which must be rated as provided in part 5223.0640.

Subp. 2. Skin disorders.

A. Class 0, zero percent. Signs or symptoms of skin disorder resolved completely with treatment.

B. Class 1, two percent. Signs or symptoms of skin disorder are present and supported by objective skin findings, and there is no persistent limitation in the performance of the activities of daily living, as defined in part 5223.0310, subpart 5, although exposure to certain physical or chemical agents may temporarily result in a limitation of activity.

C. Class 2, ten percent. Signs or symptoms of skin disorder are present, and intermittent treatment is required, and there is limitation in the performance of some of the activities of daily living.

D. Class 3, 20 percent. Signs or symptoms of skin disorder are present, and continuous treatment is required, and there is limitation in the performance of many of the activities of daily living but able to live independently.

E. Class 4, 40 percent. Signs or symptoms of skin disorder are present, and continuous treatment is required which may include periodic confinement at home or other domicile, and there is limitation in the performance of many of the activities of daily living, and cannot live independently, but able to perform self cares independently.

F. Class 5, 75 percent. Signs or symptoms of skin disorder are present, and continuous treatment is required which necessitates confinement at home or other domicile, and there is severe limitation in the performance of nearly all of the activities of daily living and requires some assistance with self cares.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364

Minn. R. 5223.0640 Heat and Cold Injuries

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment due to heat and cold injuries.

Heat injuries may be due to radiant heat, flame, hot gases or fumes, electric current, friction, chemicals, or radiation. Cold injuries may be due to environmental conditions or from contact with cold solids, liquids, or gases.

The whole body disability due to heat or cold injuries is not directly equal to the percentage of body surface area involved. The percentage of body surface area involved is used, however, in certain items to categorize impairments. When required the percentage of body surface area affected must be determined according to the method of Lund and Browder, as defined in part 5223.0310, subpart 36.

Any permanent partial impairment to other body parts or organs other than as provided in this part and directly resulting from a heat or cold injury must be rated as provided in the appropriate parts of this schedule. These ratings may be combined with each other and with any ratings under this part as described in part 5223.0300, subpart 3, item E.

Subp. 2. Heat and cold injuries other than electrical conduction.

A rating under this part is the combination, as described in part 5223.0300, subpart 3, item E, of the ratings assigned by items A to G.

A. Any heat or cold injury that heals and leaves no scar, zero percent.

B. Cold intolerance of the hands, face, feet, or head as evidenced by the wearing of heavy gloves, heavy socks, or additional scarves at 35 degrees Fahrenheit:

C. Systemic heat intolerance as evidenced by fatigue or malaise or nausea; an oral temperature of at least 100 degrees Fahrenheit upon exposure to an environmental temperature of 90 degrees Fahrenheit at 60 percent relative humidity; and an initial heat injury that involved at least 50 percent of the body surface area, as measured by the method of Lund and Browder, as defined in part 5223.0310, subpart 36, five percent.

D. Sensitivity to sun exposure as evidenced by the need to cover the skin or use sun screen to prevent sunburn, or local sensitivity to heat as evidenced by redness or pain, and a scar or skin graft of at least ten square centimeters must be present for an affected member to be rated under this item. These ratings may be added as described in part 5223.0300, subpart 3, item F, to determine the overall rating for sensitivity to sun exposure:

E. Skin sensitivity to dust, chemical, or petroleum exposure, or altered sweating, or apocrine gland dysfunction. For one or any combination of these conditions, the whole body disability is:

F. Nondermatomal sensory loss:

G. Persistent open sores, recurrent skin breakdown after initial healing, or skin grafting, rate as provided in part 5223.0630.

Subp. 3. Electrical conduction injuries.

A. Injury to the skin must be rated as provided in subpart 2, items A to G.

B. Injury to peripheral nerve must be rated as provided in parts 5223.0400 to 5223.0430, as applicable.

C. Cosmetic disfigurement must be rated as provided in part 5223.0650.

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Minn. R. 5223.0650 Cosmetic Disfigurement

Subpart 1. General.

This part provides the percentage of disability of the whole body for permanent partial impairment due to cosmetic disfigurement. This part applies only to disfigurement on the face, head, neck, or dorsum of the hands. If there has been an operation, this rating is done after correction by plastic surgery. The final rating under this schedule shall not be done until 24 months after the injury. The ratings under this part may be combined as described in part 5223.0300, subpart 3, item E.

Subp. 2. Face.

A. The face is the anterior head from the forehead, to and including the chin.

B. The nose:

C. The eyes, where this rating may be combined with any additional rating as provided in part 5223.0330, if visual impairment is present:

D. The mouth, a rating under this item is the sum of subitems (1) to (4):

E. The ear:

F. The face, in areas other than those covered in items B to E:

Subp. 3. Head, alopecia.

A. Anterior hairline:

B. Elsewhere on head and not affecting anterior hairline:

Subp. 4. Anterior neck.

A. The anterior neck extends from the ear lobule anteriorly to the ear lobule and downward to midclavicle. Disfigurement on the posterior neck from the ear lobule posteriorly to the ear lobule shall be rated under subpart 6. Ratings under items B and C shall be combined as described in part 5223.0300, subpart 3, item E.

B. Hypertrophic scarring, as defined in part 5223.0310, subpart 32, or banding, as defined in part 5223.0310, subpart 10, of the anterior neck:

C. The chin shelf is the area from the chin backwards to the neck:

Subp. 5. Hand.

The hand extends from the carpus distally. Loss of body parts and loss of function are rated in parts 5223.0400 to 5223.0550 and ratings as provided in those parts may be combined as described in part 5223.0300, subpart 3, item E, with ratings under this subpart.

A. Hypertrophic scarring, as defined in part 5223.0310, subpart 32, affecting less than 30 percent of dorsum of one hand, zero percent.

B. Hypertrophic scarring affecting 30 to 50 percent of dorsum of one hand, three percent.

C. Hypertrophic scarring affecting 50 percent or more of dorsum of one hand, seven percent.

D. Hypertrophic scarring affecting the palm of the hand, zero percent.

Subp. 6. Other disfigurements.

A. Loss of volume of female breast tissue, rate each breast separately and add the ratings for the overall disability due to loss of volume. Ratings under this item may be added as described in part 5223.0300, subpart 3, item F, to ratings under item B:

B. Loss of nipple, either male or female, rate each nipple separately and add the ratings for the overall impairment due to loss of nipple. Ratings under this item may be added as described in part 5223.0300, subpart 3, item F, to ratings under item A and combined as described in part 5223.0300, subpart 3, item E, with ratings under other applicable items. Loss of nipple, three percent.

C. Disfigurement other than of the face, head, anterior neck, and hand rated in subparts 2 to 4, or loss of volume of female breast tissue or loss of nipple rated in items A and B. Visible loss of tissue, hypertrophic scarring, as defined in part 5223.0310, subpart 32, and visible pigment changes are considered disfigurements under this item:

History

Statutory Authority: MS s 176.105
History: 17 SR 3364; 35 SR 138

Chapter 5224 INDEPENDENT CONTRACTOR

Minn. R. 5224.0010 Purpose

The purpose of this chapter is to establish standards for distinguishing between an employee and an independent contractor for purposes of workers' compensation coverage under Minnesota Statutes, sections 176.021 and 176.041. For those occupations specifically discussed in parts 5224.0020 to 5224.0312, this chapter establishes a "safe harbor" for assuring either independent contractor or employee status in those occupations. Where a worker is within the scope of the definition of a part, but does not meet the safe harbor criteria for either independent contractor or employee status, the determination shall be made as described in part 5224.0320.

"Employee" as used in this chapter means a worker who is not an independent contractor. The employee safe harbor criteria are not intended to define "employee" under Minnesota Statutes, section 176.011, subdivision 9, for any purpose other than distinguishing workers who are not independent contractors.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; 18 SR 1379

Minn. R. 5224.0020 Artisans

Subpart 1. Definition.

An artisan is a person who has been trained in a mechanical art or trade. The particular skill necessary in the work is acquired by attending a technical college, serving an apprenticeship, or by working as a handyman or helper and learning the trade informally.

Artisans include bricklayers, blocklayers, cable installers, carpenters, electricians, roofers, siders, painters, plasterers, paperhangers, tapers, joiners, plumbers, and steamfitters.

Subp. 2. Independent contractor.

An artisan is an independent contractor and not an employee if all of the following criteria are substantially met.

A. The artisan is responsible for the final result, is free to choose the means and methods for accomplishing the result, and is not required to conform to fixed hours.

B. The artisan is free to select others to assist in performing the job.

C. The artisan has the opportunity of making a profit or suffering a loss and is not guaranteed a minimum income.

D. The artisan has business expenses beyond the furnishing of tools, such as scaffolding, ladders, trucks, equipment, and advertising.

E. The artisan has a substantial investment in facilities or equipment.

F. The artisan holds himself or herself out to the public as being available to perform services for others.

G. Payment for the work is on a job basis for a complete job rather than a time basis.

H. The artisan agrees to provide lien waivers upon completion of the job.

Subp. 3. Employee.

An artisan is an employee if all of the following criteria are substantially met.

A. The artisan is hired to do the work personally and any helpers are hired, paid, and subject to control by the purchaser of the artisan's services.

B. Work is during fixed hours established by the purchaser and on a full-time basis.

C. The artisan is paid on an hourly, weekly, or similar rate that is independent of the amount of work completed.

D. The artisan has no substantial investment in facilities or equipment for doing the work.

E. Materials and equipment other than hand tools are supplied by the purchaser of the artisan's services.

F. The artisan will not incur a loss or realize a profit by exercising independent judgment in hiring helpers, selecting the materials used, determining methods of work, or similar matters.

G. If the artisan does not complete the job, the artisan is not responsible for damages for noncompletion or for obtaining a replacement to complete the job.

Subp. 4. Cooperatives.

An artisan who is a member of a labor cooperative or similar job sharing entity is an employee of the cooperative or entity if the artisan's investment in the cooperative is less than 15 percent and advance payments based on hours of work are made by the cooperative prior to completion of the job.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; L 1987 c 258 s 12; L 1989 c 246 s 2

Minn. R. 5224.0030 Barbers

Subpart 1. Definition.

Barbers are persons registered to practice barbering pursuant to Minnesota Statutes, chapter 154. A registered barber's apprentice is not an independent contractor.

Subp. 2. Independent contractor.

A barber is an independent contractor if all of the following criteria are substantially met.

A. The barber rents a barber chair from the purported employer for a flat sum per week, month, or similar time basis.

B. All payments by customers for services are retained by the barber.

C. The barber furnishes his or her own tools, but need not furnish linens or supplies.

D. The purported employer does not have the right to control the means and manner of the barber's performance of services such as haircuts, shaves, shampoos, scalp treatments, and facial massages.

E. A written agreement between the parties provides that the barber is an independent contractor.

Subp. 3. Employee.

A barber is an employee if all of the following criteria are substantially met.

A. The barber is paid on a salary basis, though tips may be retained by the barber, or the employer retains a set percentage of the money taken in by the barber's services, excluding tips.

B. The employer furnishes equipment and supplies other than razors, combs, scissors, and similar items.

C. The employer furnishes uniforms if uniforms unique to the employer are required.

D. The barber does not advertise.

E. The employer may terminate the barber's employment for noncompliance with rules including hours of work, smoking, or wasting time.

F. A written employment agreement states that the parties are not independent contractors.

G. The employer has the right to control the means and manner by which the barber performs services such as haircuts, shaves, shampoos, scalp treatments, and facial massages.

Subp. 4. Factors excluded.

The fact that barber associations or unions fix hours of work or other conditions of business operation indicates neither employment nor independent contractor status. Rules prescribed with respect to sanitary conditions by the state or city health departments are not to be considered in determining independent contractor or employment status.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0040 Bookkeepers and Accountants

Subpart 1. Definition.

A bookkeeper is an individual whose work consists substantially of some or all of the following: recording items in proper journals and on special forms, posting ledgers, balancing books, compiling reports, and otherwise keeping a complete and systematic set of records of an organization's business transactions. Accountants licensed under Minnesota Statutes, chapter 326 are bookkeepers for the purposes of this part.

Subp. 2. Independent contractor.

A bookkeeper is an independent contractor if all of the following criteria are substantially met.

A. The bookkeeper rents an office or maintains one in the home.

B. The bookkeeper makes his or her services available to the public.

C. The bookkeeper's services are rendered for a number of clients and are compensated for on a fee basis.

D. The bookkeeper pays his or her own business expenses, which include the cost of equipment, materials, and helper's wages.

E. The bookkeeper is hired to accomplish a specific result and is not subject to direction or control over the methods or means of accomplishing it.

F. The bookkeeper's services are not performed on the premises of the purchaser of the services.

Subp. 3. Employee.

A bookkeeper is an employee if all of the following criteria are substantially met.

A. The bookkeeper performs services at regular intervals for a single business concern for a fixed salary.

B. The bookkeeper works on the employer's premises with the necessary supplies and office help furnished.

C. The bookkeeper does not make his or her services available to the public, and does not maintain an office of his or her own.

D. The bookkeeper works during fixed hours and enjoys the usual privileges extended by an employer to employees including paid vacations, sick benefits, or bonuses.

E. The bookkeeper's services are in connection with a system of bookkeeping or accounting adopted by the employer.

F. The bookkeeper is subject to direction and control of the employer, although he or she may not be closely supervised because of the skill required to do the work.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0050 Bulk Oil Plant Operators

Subpart 1. Definition.

A bulk plant operator is an individual who:

A. distributes the products of firms engaged in the oil business;

B. receives the oil products from the firm with which he or she contracts and delivers them to the retailers in his or her territory; and

C. collects money for the products from customers and forwards it to the firm.

Subp. 2. Independent contractor.

A bulk oil plant operator is an independent contractor if all of the following criteria are substantially met.

A. The operator is in complete charge of the entire plant.

B. The operator's contract with an oil firm provides that the operator will:

C. The operator advertises the firms' products at his or her own expense.

D. The operator fixes the hours and days the plant remains open, and hires, pays, and controls the employees.

Subp. 3. Employee.

A bulk oil plant operator is an employee if all of the following criteria are substantially met.

A. The operator does not have an investment in capital assets and is paid on a salary basis.

B. The operator is required to work fixed hours or full time.

C. The operator is included in the oil firm's employee benefits plans.

D. The operator is required to comply with instructions given by the firm.

E. The operator is not personally obligated to pay wages or does not assist in paying the truck or plant maintenance expenses.

F. The operator is hired to manage the plant on a salary basis under instructions on the method and manner of doing the work.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0060 Collectors

Subpart 1. Definition.

A collector is an individual who collects, accepts, or encourages payments from the customers of a business for merchandise sold or services rendered by that business.

Subp. 2. Independent contractor.

A collector is an independent contractor when the criteria of item A or B is substantially met.

A. If the collector is a door-to-door or telephone collector, he or she:

B. The collector accepts payment of bills from the customers of a third party on the collector's premises and:

Subp. 3. Employee.

A collector is an employee if all of the following are substantially met.

A. The services of the collector are retained to further the employer's business.

B. The collector is required to perform services pursuant to schedules established by the employer.

C. The employer has first call on the collector's time and efforts.

D. The collector has no significant business expenses or investment in the business.

E. The collector is paid on a commission or salary basis.

F. The employer has the right to establish the means and methods used in collecting.

G. The employer has the right to interfere with or set the order of the services.

H. The collector must report at the firm's office regularly for conferences, training, or instructions.

I. The hiring of helpers or substitutes is not permitted.

J. The grounds for termination are not limited to failure to meet production quotas.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0070 Consultants

Subpart 1. Definition.

A consultant is one who confers with and advises people on matters within the particular field in which he or she specializes. The consultant has developed a peculiar knowledge or special skill of a professional or semiprofessional nature through extensive training and education or through wide experience in a particular occupation.

Subp. 2. Independent contractor.

A consultant is an independent contractor if all of the following criteria are substantially met.

A. The consultant rents an office or offices at home.

B. The consultant advertises in newspapers or trade journals, or maintains business listings, or otherwise holds himself or herself out to the public as being available for a particular type of service.

C. The consultant is free to hire clerical help and assistants.

D. The consultant's success in the business world is dependent entirely on personal efforts and the demand by the public for the services.

E. The consultant operates under an arrangement where for a set fee technical advice or assistance is given.

F. The consultant's contract of service is for a specified period of time or specific purpose.

G. The consultant is free to work for others at the same time.

H. The consultant is not required to observe regular hours of work either at the firm's offices or at home.

I. The consultant agrees only to be available for conferences and consultations at the request of the firm or, as in some cases, to perform services on a specified minimum number of days.

J. The consultant makes no regular reports and is not required to attend regular conferences with members of the firm.

K. The consultant is not subject to control or supervision, but is given a free hand in doing work.

L. The consultant is employed to do a specific job and those who employ the consultant are interested only in the result accomplished and not in the manner and means of accomplishing it.

Subp. 3. Employee.

A consultant is an employee when all the following criteria are substantially met.

A. The consultant is retained for services which further the employer's business.

B. The consultant is required to perform services personally.

C. The consultant's services are not available to the public.

D. The consultant has no investment or business expense.

E. The consultant provides recurring, rather than sporadic or infrequent, services.

F. The employer has the right of first call on the services of the consultant.

G. The consultant is required to report on the progress of assignments.

H. Either party has the right to end the relationship at any time.

I. The consultant receives a fixed salary determined on a weekly, monthly, annual, or similar basis.

J. The consultant cannot realize a profit or loss from the services.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0080 Domestic Service

Subpart 1. Definition.

Domestic service means household services such as housecleaning, meal preparation, or invalid companionship or care.

Subp. 2. Independent contractor.

A person providing domestic services is an independent contractor if all of the following criteria are substantially met.

A. The service is performed in connection with some episode in the life of the purported employer's family, such as an illness of short duration, preparation for a wedding, the birth of a child, or other episode of limited duration that indicates an engagement to accomplish a specific job.

B. The domestic is free to work for others.

C. The domestic may hire helpers to complete the job.

D. The domestic is paid on a job basis rather than an hourly basis.

Subp. 3. Employee.

A person providing domestic services is an employee if all of the following factors are substantially met.

A. The parties are not members of the same household or immediate family.

B. The services are performed regularly and over a considerable period of time.

C. The domestic received at least $500 as wages from the employer for any three-month period during the preceding 12 months. This factor is alone sufficient to establish the employment relationship under Minnesota Statutes, section 176.041, subdivision 1.

D. The domestic is not claimed as a dependent for income tax purposes.

E. The domestic is paid on an hourly, weekly, or similar time basis.

F. The domestic does not contribute to the employer's household expenses.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0090 Babysitters

Subpart 1. Definition.

Babysitters are individuals who provide child-care services to parents and are not licensed to operate day care centers under Minnesota Statutes, chapter 245. Subparts 2 and 3 are applicable only if the threshold requirements of Minnesota Statutes, section 176.041, subdivision 1, have been met.

Subp. 2. Independent contractor.

A babysitter is an independent contractor if all of the following criteria are substantially met.

A. The babysitter takes care of another's child in the babysitter's own home or other premises under the babysitter's control.

B. The instructions given to the babysitter by the parents are general in nature, relating to matters of diet, health, rest, special foods to be given to the child, and who to contact in an emergency.

C. The babysitter is allowed to exercise judgment on matters as to the amount of time and attention the child requires, the types of meals to serve, and the manner of coping with situations which may arise.

D. The babysitter is free to perform household chores when the child does not require personal attention.

Subp. 3. Employee.

A babysitter is an employee if all of the following criteria are substantially met.

A. The babysitter performs child-care services in the home of the child's parents.

B. The babysitter has been engaged to devote services exclusively to the performance of the employer's work.

C. The babysitter is given instructions regarding such matters as the amount of time and attention the child requires, the types of meals to serve, and the manner of coping with situations that may arise.

Subp. 4. Babysitter services contracted through agencies.

A babysitter is an employee of an agency in the business of supplying names of babysitters if all of the following criteria are substantially met.

A. The agency maintains a register of names and addresses of individuals whom the agency determines are qualified to perform babysitter services. The agency advertises and otherwise holds itself out to the public as being engaged in the business of furnishing a babysitter service.

B. The agency fixes the fee to be charged for the services and notifies the babysitter where to report and the hours to be worked.

C. The babysitter pays the agency a specified amount or a percentage of the wages. Appearance and the performance of services must be guided by standards and rules issued by the agency.

D. The babysitter must notify the agency when not available for an assignment and usually agrees to restrict work to that furnished by the agency.

E. Any complaints as to the quality of the services are made by the parents to the agency, and the agency may remove the babysitter's name from its register.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0100 Industrial Homeworkers

Subpart 1. Definition.

Industrial homeworkers are persons who work in their own homes or workshops on the manufacture or assembly of articles from materials supplied by the purchaser of their services. Services provided by industrial homeworkers include typing of envelopes and the manufacture, alteration, or finishing of gloves, slippers, bedspreads, slipcovers, pottery, boxes, toys, or similar items.

Subp. 2. Independent contractor.

An industrial homeworker is an independent contractor when all the following criteria are substantially met.

A. The homeworker works under agreements that only require the completion of assignments according to specifications and within designated times.

B. The homeworker is furnished materials by the firm and, in accordance with a pattern or general instructions, turns out a finished product which measures up to the firm's standards.

C. The completed products are paid for on a piecework basis.

D. There is no requirement that the homeworker give preference to the firm's work, although the homeworker is expected to complete assignments within a specified time.

E. The homeworker may work for others; however, in many cases, the amount of work furnished by one firm keeps the worker busy full time.

F. Unsatisfactory work is done over without pay.

G. Set hours of work are not prescribed by the firm, nor is the work supervised.

Subp. 3. Employee.

A homeworker is an employee if all of the following criteria are substantially met.

A. The services of the homeworker are closely integrated into the business of the firm that employs the worker.

B. The homeworker is subject to virtually the same set of controls as employees who work on the firm's premises.

C. The homeworker uses his or her own small hand tools, but large tools or heavy equipment is furnished by the firm.

D. The homeworker works or is paid on an hourly basis and renders personal services of a recurring nature.

E. The homeworker is given detailed instructions or training in the work and is required to change the work plans and the order of services when requested.

F. Although there is usually no direct supervision over the services, the firm checks the finished product and has the right to change or direct the method of operation if the completed article is not satisfactory.

G. The homeworker is required to report on progress periodically.

H. The relationship is terminable by either party, with or without cause prior to completion of a project without incurring liability for damages for noncompletion.

I. The employer may change the homeworker's work assignment.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0110 Laborers

Subpart 1. Definition.

Laborers are people whose work usually requires strength rather than skill, such as laborers, chore workers, coal hustlers, gardeners, yard maintenance workers, landscaping and planting workers, tree trimmers, janitors, odd-job workers, porters, window washers, and other unskilled workers.

Subp. 2. Independent contractor.

The laborer is an independent contractor if all of the following criteria are substantially met.

A. The laborer generally must use business judgment to earn a livelihood. The laborer's success or failure depends on how assistants are managed, the protection of investment through proper care of tools and equipment, and the reputation established as a result of methods of doing business.

B. The services need not be performed personally.

C. The laborer holds himself or herself out to the public as available for furnishing a certain type of service on a job basis.

D. The laborer is free to hire assistants and the assistants are the laborer's own responsibility, that is, the laborer directs them, pays them, and is liable for the payment of taxes on their wages.

E. The laborer furnishes tools.

F. The laborer obtains work by recommendation, advertising in newspapers, or maintaining a business listing in a telephone or service directory.

G. The laborer is responsible only for completion of the job within a certain time and is free to use personal methods and means for doing the work.

H. The laborer agrees to provide lien waivers upon completion of the job.

Subp. 3. Employee.

A laborer is an employee if all of the following criteria are substantially met.

A. The services must be performed personally.

B. The laborer works on employer premises or at locations assigned by the employer, at specified times, and with tools and facilities furnished by the employer. The services may be provided on a permanent, recurring, or itinerant basis.

C. Pay is computed on a time rather than a lump-sum basis.

D. The employer has the right to stop the laborer on one job and start on another, to speed up or slow down the worker, and to express dissatisfaction with the work and to have it redone.

E. The laborer is not responsible for damages for noncompletion of the work. If the laborer quits prior to completing the job, the laborer is not responsible for finding a replacement.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; 17 SR 1279

Minn. R. 5224.0120 Musicians; General

The status of musicians or groups in parts 5224.0120 to 5224.0140 is not affected by the fact that an American Federation of Musicians Form B Contract, to which the leader is a party, purports to make the purchaser their employer. The actual relationship, rather than the terms of the contract, controls.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0130 Musicians; Cooperative Orchestras

Subpart 1. Definition.

A cooperative orchestra is a musical group operated on a cooperative or partnership basis. All of the members have a voice in determining the membership, the engagements to be accepted, the division of the money received, and all other phases of the orchestra's operations. By common consent of the members one of the group may be designated as a leader whose duties are to act as spokesperson for the group and to negotiate engagements in the orchestra's name. A business manager or set manager or other nonplaying member may be a member of a cooperative orchestra.

Subp. 2. Independent contractor.

All the members, including the leader, of an orchestra are independent contractors if all of the following criteria are met.

A. Payment is not on an hourly basis. Proceeds from engagements are used to pay expenses and the remainder is distributed as determined by members.

B. The group is free to work for other purchasers of its services.

C. The purchaser does not have the right to discharge a member of the group, or to dictate the style or manner of playing the music.

D. The group may be liable for damages for nonperformance if it quits prior to completing its engagement with a purchaser.

Subp. 3. Employee.

Members of a cooperative orchestra are employees if all the following criteria are substantially met.

A. The individuality of the orchestra is subordinated to the enhancement of the purchaser's reputation.

B. The work relationship is not short term but is of a continuing nature.

C. The purchaser has the right to discharge the leader or any of the orchestra members, to change the style or type of music, to have first call on the services, and to restrict the orchestra's outside activities.

D. The purchaser pays the members on an hourly or time basis and bears the expenses of the orchestra.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0140 Musician; Orchestra Leader

Subpart 1. Definition.

An orchestra leader or union contractor is the assembler or leader of a musical group that plays music in public for compensation.

Subp. 2. Independent contractor.

An orchestra leader is an independent contractor if all of the following conditions are substantially met.

A. The leader selects the members and rehearses and directs them.

B. The leader holds out to the public as being able to furnish a musical organization and enter into contracts to furnish music.

C. The leader has the primary right to control the orchestra members as to how, when, and where they work.

D. The leader is charged with all expenses the orchestra incurs, and, after paying expenses and the salaries or hourly wages of the other members, suffers a loss or realizes a profit from the undertaking.

E. The leader is paid a lump sum for an engagement.

F. The purchaser of the music deals directly with the leader.

G. The purchaser retains only such control over the leader as to ensure the attainment of the desired result, such as the privilege of making suggestions on the type or style of music and number of musicians wanted.

Subp. 3. Subcontractor.

Where the leader is an independent contractor, the purchaser of music is responsible for the workers' compensation coverage of group members other than the leader under Minnesota Statutes, section 176.205, unless those members are independent contractors with respect to the leader or the purchaser.

Subp. 4. Employee.

The orchestra leader or assembler and members of the musical group are employees of the purchaser of musical services if all of the following criteria are substantially met.

A. The purchaser hires a musician (usually called a union contractor) to assemble an orchestra to play at the purchaser's establishment. The purchaser specifies the number of musicians, the type of instruments, and the price per musician.

B. The assembler of the group may be the orchestra leader if the purchaser designates him or her as the leader.

C. The purchaser may accept all the musicians who have been assembled or make changes in the personnel with or without an audition.

D. The purchaser pays for the services on an hourly basis and is responsible for the business expenses of the group.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0150 Outside Commission Salespeople or Manufacturer's Representatives; General

The following factors, taken together, are not sufficient to establish an employment relationship for an outside commission salesperson or manufacturer's representative under parts 5224.0160 to 5224.0180 territorial restrictions, fixing of sales prices and terms by the companies, the furnishing of leads, working off premises of the employer, and requirements that the salespersons investigate customers' complaints, collect delinquent accounts, and refrain from selling for competitors.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; 17 SR 1279

Minn. R. 5224.0160 Traveling Salespeople

Subpart 1. Definition.

A traveling salesperson is associated with a manufacturer or distributor whose products the salesperson sells directly to wholesalers or retailers. The salesperson is assigned to territories and furnished with price lists and samples or descriptions of the merchandise to be sold. The salesperson is required to sell the merchandise at prices set by the firm and the firm reserves the right to accept or reject orders. The firm fills the orders by shipping directly to the customers and billing the customers directly. The salesperson receives compensation from the firm in the form of a percentage of the price the customers pay for the merchandise. The salesperson may be required to work full time, to not work for competitors, or to produce a certain amount of business regularly.

Subp. 2. Independent contractor.

A traveling salesperson is an independent contractor if all the following conditions are substantially met.

A. The salesperson is free to solicit when, where, and how he or she pleases.

B. The salesperson chooses working hours and schedule of calls.

C. The salesperson chooses his or her own means of travel and is responsible for the costs of travel.

D. The salesperson pays his or her own expenses.

Subp. 3. Employee.

A traveling salesperson is an employee if all the following conditions are substantially met.

A. The salesperson is required to appear at or report to the firm's offices regularly.

B. The salesperson must work during fixed hours or at certain times.

C. The salesperson must follow and report on leads.

D. The salesperson is required to take part in sales meetings or training courses.

E. The salesperson is required to canvass territory at regular intervals.

F. The firm is dependent principally on the services of traveling salespersons for the disposition of its merchandise.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0170 House-to-House Commission Salespeople

Subpart 1. Definition.

A house-to-house commission salesperson sells door-to-door at retail prices to the customer. The salesperson does not purchase stock at wholesale, maintain that stock for resale, or retain the risk of loss if the stock is not sold.

Subp. 2. Independent contractor.

A house-to-house commission salesperson is an independent contractor if all of the following criteria are substantially met.

A. If assigned to territories, the salesperson is not granted exclusive rights to them.

B. The salesperson is not required to canvass his or her territories within any specified time or to work during fixed hours or at certain times.

C. The salesperson receives no training, is not required to follow an established routine or schedule, and devises his or her own methods and means of selling.

D. The salesperson pays his or her own business expenses.

E. The salesperson is not required to produce any minimum volume of business or follow leads furnished by the company.

Subp. 3. Employee.

A house-to-house commission salesperson is an employee if all of the following criteria are substantially met.

A. The salesperson works for only one company and on a full-time basis.

B. The services of the salesperson are an important part of the company's business.

C. Although the salesperson may not be required to report to the company's office at regular intervals, he or she often receives leads and instructions through the mail which must be followed.

D. The salesperson is required to file regularly a report of activities with the company.

E. The salesperson is required to canvass his or her territory regularly.

F. The salesperson is required to attend sales meetings or take part in training courses.

G. The salesperson may be visited by a sales manager or supervisor who instructs and helps in developing sales techniques and other matters.

H. The salesperson is expected to produce a certain amount of business to continue the relationship.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0180 House-to-House Dealer Salespeople

Subpart 1. Definition.

A house-to-house dealer salesperson buys stocks of commodities at wholesale from a company and sells them at retail. In other respects, the dealer is similar to ordinary retail merchants and house-to-house commission salespeople.

Subp. 2. Independent contractor.

A dealer is an independent contractor if all of the following criteria are substantially met.

A. The dealer is not required to work during fixed hours or at certain times, to follow any particular routes or schedules or to report on his or her activities.

B. The dealer keeps substantial inventories and has automobiles or trucks to deliver merchandise.

C. The dealer may employ others.

D. Compliance with suggestions or attendance at selling meetings are optional with the dealers.

E. The dealer is not required to solicit prospective purchasers identified by the company.

F. The dealer chooses working hours and methods of solicitation.

G. The dealer pays business expenses and, by selling on credit, takes a risk of loss.

H. The dealer is dependent for a livelihood on personal efforts and ingenuity in establishing clienteles and good reputations.

Subp. 3. Employee.

A dealer is an employee if all of the following criteria are substantially met.

A. The dealer must report regularly on sales, prospects, and work activities.

B. The dealer must report regularly for sales meetings and pep talks.

C. Although not usually required to work during hours fixed by the firm, the dealer is expected to meet a certain quota.

D. The dealer is restricted from selling on credit and must abide by prices set by the company.

E. Merchandise may be returned to company with no loss to the dealer.

F. The dealer is furnished leads and required to follow-up and report.

G. The dealer is required to concentrate on certain products listed as "specials" and follow schedules or routes worked out by the company.

H. If sales fall off, a manager or other company representative investigates and instructs the dealer how to increase sales.

I. Helpers may be provided by the company for dealers who maintain large volumes of sales.

J. The relationship is terminable by either party on short notice and without liability to the employee for noncompletion.

K. Where the dealer trains others, the dealer is paid and may be elevated to a managership.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; 17 SR 1279

Minn. R. 5224.0190 Agent Drivers

Subpart 1. Definition.

An agent driver is a salesperson who drives a truck in selling and delivering bread, milk, meat, beverages, laundry, drycleaning, or similar services. The driver may sell to consumers at retail prices or at wholesale to retailers.

Subp. 2. Independent contractor.

An agent driver is an independent contractor if all of the following criteria are substantially met.

A. The driver does not contract with the firm to render personal services but only to buy a certain amount of a firm's products regularly.

B. The driver may hire and pay helpers or use substitutes.

C. Although the driver may work full time, the driver does so by choice; and selects working hours.

D. The driver selects customers, sets prices, and often sells on credit.

E. The driver pays truck maintenance costs and other business expenses.

F. The driver cannot return unsold products to the firm.

G. Either party may terminate the relationship at any time without incurring liability.

Subp. 3. Employee.

An agent driver is an employee if all the following criteria are substantially met.

A. The driver is assigned a route and required to cover it at regular intervals.

B. Helpers or substitutes are not permitted.

C. Prices are set by the company.

D. The driver cannot handle competing lines.

E. The driver is required to keep reports of sales and other matters.

F. The driver collects from customers and turns money over to the company.

G. The driver has no authority to determine whether sales may be made on credit.

H. The driver reports to the company office at specified times to load trucks, return unsold goods, and report on activities as requested.

I. The driver is required to follow leads.

J. The driver is expected to solicit new customers and adjust complaints.

K. The driver may quit or a firm may fire the driver on short notice, and neither is liable for damages for noncompletion.

L. The driver receives paid vacation, sick benefits, or other similar benefits offered to nondriver employees of the firm.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0200 Photographers' Models

Subpart 1. Definition.

A photographer's model is a professional who poses for photographs that are used for commercial purposes. The photographs are reproduced and appear in magazines, newspapers, or similar media to aid in advertising commercial products. The model is knowledgeable or trained in such subjects as the art of makeup, fashion, hairstyling, acting, and posture.

Subp. 2. Independent contractor.

A photographer's model is an independent contractor if all of the following criteria are substantially met.

A. The model engages a booking agent for a certain compensation, usually ten percent of the model's fees. The agent makes and arranges appointments for the model.

B. Fees are fixed by the agent, usually on an hourly basis.

C. The model reserves the right to limit the time or period of work and the right to work only during certain hours.

D. The model releases property rights in each specific photograph that is to be used commercially.

E. The model supplies his or her own wardrobes appropriate to the roles he or she is engaged to portray.

F. The model is free to pose for anyone who desires his or her services.

G. The model is not engaged on a permanent or periodic basis but solely for specific jobs and the model reserves the right to cancel bookings made by his or her agents.

H. The creation and enactment of the roles assigned them are left to the models' own discretion and initiative.

I. The model is free to use his or her skill and training in other fields of business activity, such as radio, movie shorts, fashion shows, and television shows.

Subp. 3. Employee.

A photographer's model is an employee if all of the following criteria are substantially met.

A. The model works for only one or two photographers or firms and is paid a salary or guaranteed minimum wage to work during fixed hours on the employer's premises.

B. The model is required to conform to instructions or suggestions on, among others, costume, coiffure, general makeup, posture, or the position and expression to assume in an assigned role.

C. The model is paid a salary for first call on his or her services and on a full-time basis or part-time basis.

D. The work is performed mostly on company premises and is done in accordance with a supervisor's or manager's views on the best method of illustrating the good points of the garments or other products being modeled.

E. Either party may terminate the relationship at any time.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0210 Professional Persons

Subpart 1. Definition.

A professional is a person in an occupation that requires education equivalent to college graduation or beyond and involves compliance with professional and statutory licensing or registration standards before the individual can practice. The professional field includes architects, attorneys, certified public accountants, and engineers.

Subp. 2. Independent contractor.

A professional is an independent contractor when all of the following criteria are substantially met.

A. The professional sets up his or her own business office.

B. The professional hires and directs assistants or helpers.

C. The professional pays all expenses in connection with the business.

D. The professional offers services to the public.

E. The professional works at hours of his or her own choice.

F. The professional is dependent for a livelihood upon the amount of time, energy, and ingenuity applied to the work.

Subp. 3. Employee.

A professional is an employee if all of the following criteria are substantially met.

A. The professional subordinates activities to the interests of the employer by working under conditions that make the professional's services an integral part of another's business.

B. The professional works when and where a firm dictates.

C. The professional is furnished an office and office facilities, and business expenses are met by the firm.

D. The professional is paid a fixed salary determined on a weekly, monthly, annual, or similar basis.

E. The professional's services are subject to supervision and review.

F. The professional cannot hire a substitute or helper.

G. The professional may be discharged at will and has the right to terminate the relationship at any time without liability.

H. The professional incurs no expenses nor make any investment.

I. The relationship is continuing.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0220 Doctors of Medicine; Part-Time Services for Industrial Firms

Subpart 1. Definition.

Doctors are persons whose work requires licensure pursuant to Minnesota Statutes, section 147.02.

Subp. 2. Independent contractor.

Doctors who, in addition to their private practices, enter into arrangements with industrial firms to examine and treat the firm's employees on a part-time basis, are independent contractors if all of the following criteria are met.

A. The firm is interested in securing a medical service rather than the personal service of the doctor and an employment relationship is not contemplated under the terms of the agreement between the parties. The doctor, in effect, accepts the firm as an additional client in the doctor's private practice.

B. The doctor has the right to leave the firm's premises during working hours if an emergency arises in private practice.

C. The doctor has the right to send a substitute to perform the services.

D. The doctor does not have the right to terminate the relationship on short notice.

E. Direct supervision and control over the services were not contemplated by the parties to the agreement.

Subp. 3. Employees.

Doctors described in subpart 1 are employees if all of the following criteria are substantially met.

A. The doctor's services are materially integrated into the operating organization of the firm.

B. The doctor performs services of a substantial nature for the firm on a regular and continuing basis.

C. The doctor is subject to supervision and control by the firm to the extent necessary to require compliance with its general policies and procedures.

D. The doctor is accorded the rights and privileges that the firm extends to its employees generally.

Subp. 4. Definition of factors.

This subpart explains the factors listed in subpart 3.

A. Materially integrated is determined by factors such as:

B. Regular and continuing basis means agreement to a schedule of definite and fixed hours of service and the requirement to follow the schedule without substantial deviation.

C. Compliance with policies and procedures exists where the methods, routines, and procedures followed by the doctor are subject to supervision. The supervision may be of varying degree and nature, for example, supervision exercised by a medical director may include somewhat detailed control over the physician's medical routines where the supervision exercised by a hospital administrator may lay less emphasis on this aspect. However, the factor of compliance is met where the physician is required to follow the employer's rules regarding the physician's methods of operation generally, including the obligation to treat assigned patients, the report the physician must submit, the priorities the physician must follow both medically and administratively, and the standards the physician must maintain regarding equipment and cleanliness.

D. Rights and privileges include vacation and sick leave with pay, holiday pay, severance pay, and pension and insurance plans.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0230 Real Estate and Securities Salespeople

Subpart 1. Definition.

Real estate salespeople are persons licensed as real estate salespersons under Minnesota Statutes, chapter 82. Securities salespeople are persons licensed as agents under Minnesota Statutes, chapter 80A.

Subp. 2. Independent contractor, real estate.

A real estate salesperson who is a qualified real estate agent under the Internal Revenue Code of 1954, section 3508(b)(1) is an independent contractor. The Internal Revenue Code of 1954, section 3508(b)(1) is incorporated by reference as the standard to be used under this chapter. A real estate salesperson who is not a qualified real estate agent under that standard is nonetheless an independent contractor if all the following conditions are substantially met.

A. The salesperson is licensed to one broker and the cost of the license is paid by the salesperson.

B. The broker makes available to the salesperson office facilities and property listing, and assists the salesperson by giving advice and by cooperating in his or her endeavors.

C. The broker furnishes the salesperson with necessary business forms, stationery, cards, and instructs him or her in office procedures and business policies either verbally or by means of written instructions, such as sales manuals.

D. The salesperson agrees to work diligently for the broker and to conduct his or her business and regulate his or her habits so as to maintain and increase the good will and reputation of the broker.

E. The salesperson agrees not to sell for other brokers.

F. The salesperson provides his or her own transportation and pays all expenses incurred in the solicitation of business.

G. The salesperson generally reports to work daily but works no fixed number of hours.

H. Meetings are held in the broker's office on a regular basis, usually weekly, but attendance at these meetings is voluntary.

I. Sales are closed in the name of the broker.

J. The money is turned over to the broker who pays the salesperson commissions at periodic intervals.

K. The salesperson's success is primarily dependent on his or her own initiative and effort.

Subp. 3. Independent contractor, securities.

A securities salesperson is an independent contractor if all the following conditions are substantially met.

A. The securities dealer engages the salesperson in the furtherance of the business.

B. The salesperson is licensed to a particular dealer.

C. The dealer furnishes the salesperson with desk space, telephone and telegraph facilities, market quotations, statistical and bookkeeping services, and clerical assistance.

D. The salesperson agrees to work diligently for the dealer and to abide by all laws, rules, and regulations under which the dealer operates the business.

E. The salesperson is not required to work fixed hours.

F. The salesperson concludes sales in the name of the dealer and pays over the money to the dealer.

G. The salesperson is paid on a commission basis at periodic intervals.

H. Under certain circumstances, the salesperson may bear a part of the losses resulting from a transaction.

I. Sales meetings are held regularly, but attendance is voluntary.

J. The salesperson's income is primarily dependent on his or her own initiative and effort.

Subp. 4. Employee.

A salesperson is an employee when all of the following criteria are substantially met:

A. the salesperson is paid a salary or guaranteed minimum wage;

B. the employer requires fixed hours of work;

C. the employer requires that nearly all work be done on the broker's or dealer's premises;

D. the employer requires attendance at employer's office at specific times;

E. the broker or dealer has the right to interrupt or set the order of services;

F. the employer provides instruction or training in how the salesperson approaches prospects, closes sales, and works on particular problems; and

G. the employer requires the salesperson to report on activities.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0240 Registered and Practical Nurses

Subpart 1. Definition.

Registered nurses are persons licensed as such pursuant to Minnesota Statutes. Practical nurses are persons licensed as such pursuant to Minnesota Statutes.

Subp. 2. Independent contractor.

A nurse is an independent contractor if:

A. The nurse holds himself or herself out to the public as exercising an independent calling requiring specialized skills.

B. The nurse has full discretion in administering his or her professional services. Full discretion is present even though the nurse may be subject to the supervision of the attending physician.

C. The nurse is retained full time by the purchaser and the work relationship between the purchaser and the nurse is expected to terminate when the job is completed.

D. The nurse is not retained full time by a purchaser and the nurse is available to others for home care nursing.

Subp. 3. Employee.

A nurse who works for a hospital, clinic, nursing home, public health agency, or as an office attendant for a private physician is an employee if all the following criteria are substantially met.

A. The nurse works full time on the regular staff of the firm.

B. The nurse works for a salary and follows prescribed routines during fixed hours when he or she is not available for home care nursing.

C. The nurse's services are integrated into the employer's business.

D. The employer has the right to set the order of and supervise the services.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; L 2014 c 291 art 9 s 5

Minn. R. 5224.0250 Unlicensed "nurses."

Nurses' aides, domestics, and other unlicensed individuals who continue to classify themselves as practical nurses are, in general, insufficiently trained or equipped to render professional or semiprofessional "nursing." Their services are normally those expected of household workers, servants, and domestics, for example, bathing the individual, combing the individual's hair, reading, arranging bedding and clothing, preparing or serving meals, and occasionally giving oral medication left in their custody. The status of these persons is determined pursuant to part 5224.0080, domestic service.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; 17 SR 1279

Minn. R. 5224.0260 Taxicab Drivers

Subpart 1. Definition.

Taxicab drivers are persons who offer fee for service auto transportation within a limited area.

Subp. 2. Independent contractor.

A driver is an independent contractor if all of the following criteria are substantially met.

A. The driver owns and drives his or her own cab, or leases it on a flat rate basis and pays a specified rental on a daily, weekly, or similar time basis.

B. The driver is free to work the shift he or she chooses, and there is no control over when and where the driver works.

C. The driver's sole compensation is the fares and tips collected from patrons.

D. The driver is required to comply with government rules and regulations and with firm regulations that are meant to ensure proper care and handling of the cab.

E. The driver is not required to report his or her whereabouts and is not subject to instructions on where to seek patrons.

F. If the driver leases the cab, the lessor is interested only in receiving the cab rental and, in many cases, payment for gasoline and oil that the driver is required to buy from the lessor.

G. The opportunity for profit or risk of loss rests with the driver, not the lessor.

Subp. 3. Employee.

A taxicab driver is an employee if all the following criteria are substantially met.

A. The employer exercises control over the driver while the driver is in possession of the cab.

B. The driver must work during specified hours or on assigned shifts, pick up passengers on call, and report his or her whereabouts periodically.

C. The driver must account for fares collected.

D. The employer requires that the driver perform the services personally.

E. The employer gives instructions on matters of appearance, behavior, manner of seeking patrons, routes, order of services, and time off from duty.

F. Payment is in the form of a salary or salary plus a percentage of fares.

G. The driver is required to report personally and regularly or furnish written reports.

H. There are no business expenses on the part of the driver.

I. Both parties have the right to terminate the relationship at any time.

J. There is no investment or opportunity for profit or risk of loss on the part of the driver.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0270 Timber Fellers, Buckers, Skidders, and Processors

Subpart 1. Definition.

Timber fellers employ chain saws or other mechanical devices mounted on logging vehicles to fell trees. Trees so felled may either be delimbed at the site or subsequently at roadside landings.

Buckers cut trees into merchantable lengths, with either chain saw or heavier machinery such as slashers, harvesters, and processors. These operations may also be conducted either at the felling site or at roadside. In either case the product is piled or otherwise accumulated to facilitate subsequent transportation.

Skidders or forwarders either drag logs or trees to roadside landings, or load and transport logs or shortwood (fuelwood or pulpwood) to similar destinations.

Timber harvesters and processors combine two or more of the operations described above.

Mechanical debarking and/or chipping may also be coordinated with skidding or forwarding operations.

Chips are usually blown into semitrailer vans for delivery to mills for remanufacture or to furnaces for fuel.

Subp. 2. Neutral factors.

Due to the nature of the work and certain customs in the field, the following factors are neutral: lack of fixed hours of work, payment on a piecework basis, ownership of small tools, and requirements that the product of the work be within overall specifications.

Subp. 3. Independent contractor.

A feller, bucker, skidder, or processor is an independent contractor if all of the following criteria are substantially met.

A. The worker is granted timber rights to tracts of land and legally binds himself or herself to remove all or certain parts of the timber within specified times at set prices.

B. The worker bargains for "package" jobs which he or she will do by methods of his or her own choice subject to production specifications required by the contracting company.

C. The worker is paid to obtain a result, which does not necessarily depend on his or her own personal services.

D. The worker is free to hire and direct others to do the work and the worker is responsible for expenses incurred in fulfilling the contract.

E. The worker supplies the necessary equipment and sometimes the tools used by the helpers.

F. The worker determines the working hours and rates of pay, and otherwise controls the helpers' working conditions.

G. The worker holds himself or herself out to the public as a contractor and sometimes holds several logging contracts at the same time.

H. The worker is in a position to make a profit or suffer a loss, depending on the management of helpers, the care of the tools and equipment, and the methods used for doing the work.

I. As long as the worker produces final results that measure up to specifications, there is no desire or legal right to interfere with the worker's methods.

Subp. 4. Employee.

A feller, bucker, skidder, or processor is an employee if all of the following criteria are substantially met.

A. The feller, bucker, skidder, or processor is assigned specific portions of the area to be harvested, but the right to work in other portions is not given to him or her exclusively.

B. The company assigns a number of workers to each area. They are told the kind and size of trees to cut. Trees designated to be cut because of a conservation or sustained-yield program do not indicate employment.

C. The company lead supervisor periodically inspects the work area to be harvested and, if not satisfied with the progress being made, replaces the workers with another crew.

D. The crews may be shifted from one work area to another to speed up operations and if a worker is ill or not doing satisfactory work the lead supervisor may replace the worker.

E. The worker chooses his or her own hours of work, but is required to finish each work area within a certain time and to do so usually requires long and regular hours of work.

F. The worker may be paid on a piecework basis or by the cord, but generally the company will not pay for products that do not measure up to specifications. Keeping records of wages paid and hours worked is not indicative of employment if it is required only to ensure that the products may be shipped in interstate commerce.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852; 17 SR 1279

Minn. R. 5224.0280 Sawmill Operators

Subpart 1. Definition.

Sawmill operators manage sawmills. A sawmill is used to convert logs into lumber or other forest products. The mills may be stationary or portable. Moving the logs into position, the sawing operation itself, and the stacking or removal of the products often require the services of a crew of workers.

Subp. 2. Independent contractor.

A sawmill operator is an independent contractor if all of the following criteria are substantially met.

A. The operator has a substantial investment because he or she owns all or part of the mill and equipment used to move logs, lumber, or other forest products.

B. The operator contracts to saw, or harvest and saw, timber at so much per thousand board feet. The operator may bind himself or herself by contract to complete the job within a set time or to produce a daily or weekly quota.

C. The work calls for independent thought and action based on business judgment, experience, and training.

D. The operator contracts to do a specific job, using his or her own methods. The only control over the work concerns attainment of an acceptable result.

E. The operator hires, pays, and directs his or her own crews.

F. The operator is not required to do the work personally, but is responsible for its being done.

G. The operator is in a position to lose or profit from management of the workers and care of the equipment.

H. The operator is free to work for others.

I. There is no restriction of activities so long as the sawmill turns out products that meet the overall specifications in the contract.

Subp. 3. Employee.

A sawmill operator is an employee if all of the following criteria are substantially met.

A. The purchaser of the services pays the cost of running the mill, even though the operator may own the mill.

B. The operator may pick a crew to operate the mill, but the company pays them and can fire them for poor work.

C. The company has the right to tell the operator what hours to work and require the operator to keep records of the amount produced and on hand daily.

D. The mill is moved from one tract to another as the company requires.

E. The operator may be paid a salary or pay may be computed on a piecework basis.

F. The services are terminable by either party at any time.

G. The operator has no business expenses nor opportunity for profit or risk of loss.

H. The operator cannot work for others.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0290 [Repealed, L 2009 c 89 s 4]

[Repealed, L 2009 c 89 s 4]

Minn. R. 5224.0291 [Repealed, L 2009 c 89 s 4]

[Repealed, L 2009 c 89 s 4]

Minn. R. 5224.0292 [Repealed, L 2009 c 89 s 4]

[Repealed, L 2009 c 89 s 4]

Minn. R. 5224.0300 Variety Entertainers

Subpart 1. Definition.

A variety entertainer is a person who entertains and amuses audiences by means of acts or skits, dances, readings, feats of skill, songs, or comedy acts. The entertainer performs in the legitimate and burlesque theaters, movie houses, circuses, fairs, hotels, and night clubs.

Variety entertainers specialize in one or two types of acts. The more talented create and develop their own acts or routines and sometimes train others to help perform them. They often work in pairs or as members of troupes.

Subp. 2. Neutral factors.

The status of a variety entertainer is not determined by the entertainer's entering into the form B contract of the American Federation of Musicians. This contract purports to establish an employer and employee relationship between the purchaser of the services and the entertainer. The actual relationship, rather than the terms of the contract, governs.

Subp. 3. Independent contractor.

A variety entertainer is an independent contractor if all of the following criteria are substantially met.

A. The entertainer performs acts or routines as a series of short-term engagements for a number of different operators of theaters, night clubs, restaurants, and similar establishments.

B. The entertainer's contract, which is usually obtained through booking agents or personal representatives, specifies only the time, place, and duration of each engagement, and the pay.

C. The entertainer furnishes his or her own music arrangements, stage props, and dress.

D. The entertainer's act is not an integral part of another's business.

E. The entertainer maintains a high degree of individuality and establishes a reputation based on the acceptance by the audiences for which the entertainer performs.

Subp. 4. Employee.

A variety entertainer is an employee when all of the following criteria are substantially met.

A. The entertainer is subject to supervision over the number, time, place, and length of rehearsals and performances, and as to duty and behavior, and is bound by rules and regulations to the purchaser of the services.

B. The entertainer's variety acts may undergo considerable change in order to suit the employer's purpose. It may be shortened, lengthened, or moved from one spot to another to weld it, with others, into one complete show or to coordinate it with other activities. In that case, individuality of the performer is subordinated to the purpose of enhancing the reputation of the purchaser of the services.

C. The entertainer's performance becomes an integral part of another's business.

D. The entertainer is engaged on a long-term basis.

E. The entertainer may not work for others.

F. The entertainer has no opportunity for profit or risk of loss, must frequently work with others, and can be shifted from one place to another.

G. The entertainer can be discharged at any time.

H. The entertainer cannot hire helpers or substitutes.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0310 Sports Officials

Subpart 1. Definition.

A sports official is an individual engaged to referee games of sport such as basketball, hockey, or football where the level of competition requires the sports official to be a member of or certified by an organization whose purpose is to maintain minimum standards and qualifications of sports officials.

Subp. 2. Independent contractor.

A sports official is an independent contractor if all the following conditions are substantially met.

A. There is a written contract between the sports official and the party or association engaging the services of the sports official that states specifically that the sports official is an independent contractor.

B. Payment to the sports official is for a set fee for each game officiated.

C. The official is free under the terms of the contract to accept or reject assignments of any game.

D. The sports official is not limited to exclusively officiating with the party engaging the services as a sports official.

Subp. 3. Employee.

A sports official is an employee if all of the following criteria are substantially met.

A. The official is paid on an hourly, weekly, or similar time basis.

B. The official must work at the times and places designated by the purchaser of the official's services, and is not free to reject assignments.

C. The official is not free to sell his or her services to other parties while working for the purchaser.

D. The relationship is terminable at will without any liability to the official.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0311 Jockeys

Subpart 1. Definition.

A jockey is a person who is licensed under Minnesota Statutes, chapter 240 to ride race horses for compensation as a jockey or apprentice jockey.

Subp. 2. Independent contractor.

A jockey is an independent contractor with respect to the racetrack, trainer, and horse owner if all of the following criteria are substantially met.

A. Arrangements for rides are made by the jockey or by an agent of the jockey who receives a commission from the jockey.

B. The jockey is free to ride the horses of any stable.

C. The jockey is free to accept or reject a call.

D. The jockey provides his or her own saddle.

E. The trainer instructs the jockey regarding the nature of the mount, the setup of the race, and the trainer's expectations of the running of the race. The jockey is free to disregard the instructions of the trainer, and may decide the route to be taken, the rate of speed of the horse, and similar matters regarding the running of the race.

F. Payment is a fee paid on a per-race basis from the horseperson's account of the racetrack.

Subp. 3. Employee.

A jockey is an employee of the trainer if all of the following criteria are substantially met.

A. The jockey rides only for the employing trainer or the jockey rides for other trainers only with the permission of the employing trainer.

B. The jockey is not free to reject the employing trainer's call.

C. The trainer provides or pays for the jockey's saddle.

D. The jockey is not free to disregard the instructions of the trainer regarding the running of the race except for safety reasons.

E. The jockey is paid a salary or wage by the trainer on a time rather than per-race basis; compensation usually includes room and board, and the wage may be paid from the horseperson's account at the racetrack.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0312 Trainers

Subpart 1. Definition.

A trainer is a person who is licensed as a trainer under Minnesota Statutes, chapter 240.

Subp. 2. Independent contractor.

A trainer is an independent contractor with respect to the racetrack and to the owners if all of the following criteria are substantially met.

A. The trainer sets a fee which covers the daily fee, and bills the owner for the day pay and any additional supplies or services incurred in the care of the horse.

B. Tack, feed, board, and all supplies necessary for the ordinary care of the horse are provided by the trainer.

C. The trainer has a substantial capital investment in tack, equipment, and supplies.

D. The trainer makes all decisions regarding management of the horse while the horse is at the trainer's stable. If the trainer disagrees with instructions of the owner, the trainer is free to tell the owner to remove the horse from the trainer's care, and the owner must comply.

E. The trainer is free to stable and train the horses of other owners.

Subp. 3. Employee.

A trainer is an employee of an owner if all the following criteria are substantially met.

A. The trainer is paid on a salary, wage, or similar time basis.

B. Tack, feed, board, equipment, and supplies for the care of the horse are provided by the owner.

C. The stables are owned or operated by the owner of the horses.

D. The trainer must comply with instructions of the owner regarding management of the horse, although the owner generally relies on the expertise of the trainer.

E. The trainer may stable and train the horses of others only with the permission of the employing owner.

F. The trainer's hours of work are set by the owner of the horse.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0320 General Criteria for Nonspecified Occupations

Parts 5224.0330 and 5224.0340 shall be used to determine if an individual is an independent contractor or an employee where the occupation is not defined in parts 5224.0020 to 5224.0312. Additionally, these parts provide interpretative guidance where the occupation is defined but the safe harbor criteria for that occupation are not all substantially met. Where some but not all of the safe harbor criteria are substantially met, those criteria which are substantially met shall be considered evidence of that status, and shall control where a conflicting result for that criterion is indicated by parts 5224.0330 to 5224.0340.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0330 Control of Method and Manner of Performance

Subpart 1. Generally.

The most important factor in determining whether a person is an independent contractor is the degree of control which the purported employer exerts over the manner and method of performing the work contracted. The more control there is the more likely the person is an employee and not an independent contractor. Subparts 2 to 14 describe criteria for determining if there is control over the method of performing or executing services. The total circumstances, including the practices and the customs of the industry, must be considered to determine if control is present.

Subp. 2. Authority over individual's assistants.

Control over the individual is indicated when the employing unit hires and pays the individual's assistants and supervises the details of the assistants' work.

Subp. 3. Compliance with instructions.

Control is indicated when an individual is required to comply with detailed instructions about when, where, and how he or she is to work including the order or sequence in which the service is to be performed. Mere suggestions as to detail, or necessary and usual cooperation where the work furnished is part of a larger undertaking, does not normally evince control. Some individuals may work without receiving instructions because they are highly proficient in their line of work; nevertheless, the control is present if the employing unit has the right to instruct or direct the methods for doing the work and the results achieved. Instructions may be oral or may be in the form of manuals or written procedures which show how the desired result is to be accomplished. However, instructions required by state or federal law or regulation or general instructions passed on by the employing unit from a client or customer, do not evince control.

Subp. 4. Oral or written reports.

Control is indicated if regular oral or written reports relating to the method in which the services are performed must be submitted to the employing unit. Periodic reports relating to the accomplishment of a specific result may not be indicative of control if, for example, the reports are used to establish entitlement to partial payment based upon percentage of completion of a job, or the reports are needed to determine compliance with the terms of a contract. Completion of receipts, invoices, and other forms customarily used in the particular type of business activity or required by law does not constitute written reports.

Subp. 5. Place of work.

Control is indicated if work which could be done elsewhere is done on the employing units premises, especially when the work could be done elsewhere. When work is done off the premises, freedom from control is indicated except in occupations where the services are necessarily performed away from the premises of the employing unit.

Subp. 6. Personal performance.

Control is indicated if the services must be personally rendered to the employing unit. Personal performance of a very specialized work, when the worker is hired on the basis of professional reputation, as in the case of a consultant known in the academic and professional circles to be an authority in the field, is a less reliable indicator of control. Lack of control is indicated when an individual has the right to hire a substitute without the employing unit's knowledge or consent.

Subp. 7. Existence of continuing relationship.

The existence of a continuing relationship between an individual and the person for whom he or she performs services indicates the existence of an employment relationship. Continuing services may include work performed at frequently recurring, though somewhat irregular intervals, either on call of the employing unit or whenever work is available.

Subp. 8. Set hours of work.

The establishment of set hours of work by the employing unit indicates control. Where fixed hours are not practical because of the nature of the occupation, a requirement that the worker work at certain times indicates control.

Subp. 9. Training.

Training of an individual by an experienced employee, by required attendance at meetings, and by other methods, indicates control, especially if the training is given periodically or at frequent intervals.

Subp. 10. Amount of time.

Control is indicated where the worker must devote full time to the activity. Full time does not necessarily mean an eight-hour day or a five- or six-day week. Its meaning may vary with the intent of the parties, the nature of the occupation, and customs in the locality. Full-time services may be required even though not specified in writing or orally. For example, a person may be required to produce a minimum volume of business which compels the person to devote all working time to that business, or the person may not be permitted to work for anyone else.

Subp. 11. Simultaneous contracts.

If an individual works for a number of persons or firms at the same time, lack of control is indicated.

Subp. 12. Tools and materials.

The furnishing of tools, materials, and supplies by the employing unit indicates control over the worker. When the worker furnishes these items, lack of control is indicated. Lack of control is not indicated if the individual provides tools or supplies customarily furnished by workers in the trade.

Subp. 13. Expense reimbursement.

Payment by the employing unit of either the worker's approved business or traveling expenses, or both, indicates control over the worker. A lack of control is indicated when the worker is paid on a job basis and is responsible for all incidental expenses.

Subp. 14. Satisfying requirements of regulatory and licensing agencies.

Control is not indicated where an employing unit is required to enforce standards or restrictions imposed by regulatory or licensing agencies.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Minn. R. 5224.0340 Independent Contractor or Employee, Factors to Consider

Subpart 1. Factors.

Among the factors to be considered, in addition to factors of control, when determining if services are those of an independent contractor or employee are those listed in subparts 2 to 9.

Subp. 2. Right to discharge.

The right to discharge exists if the individual may be terminated with little notice, without cause, or for failure to follow specified rules or methods. There is no right to discharge if an independent worker produces an end result which measures up to contract specifications. Contracts which provide for termination upon notice or for specified acts of nonperformance or default are not solely determinative of the right to discharge. Restrictions on the right to discharge because of a contract with a labor union or with other entities are not relevant for purposes of this subpart.

Subp. 3. Availability to public.

If an individual makes services available to the general public on a continuing basis, independent contractor status is indicated. An individual's services are offered to the public by, among other things:

A. having an office and assistants;

B. displaying a sign in front of a place of business;

C. holding a business license;

D. having a listing in a business directory or a business listing in a telephone directory; or

E. advertising in a newspaper, trade journal, or magazine.

Subp. 4. Compensation on job basis.

Independent contractor status is indicated by payment on a job basis rather than payment by the hour, week, or month. Payment on a job basis is customary where the worker is independent. Payment by the job may include a predetermined lump sum which is computed by the number of hours required to do the job at a fixed rate per hour or periodic partial payments based upon a percent of the total job price or the amount of the total job completed. The granting of a drawing account at stated intervals with no requirement for repayment of the excess drawn over commissions earned or the guarantee of a minimum salary indicates an employment relationship.

Subp. 5. Realization of profit or loss.

Independent contractor status is indicated where an individual is in a position to realize a profit or suffer a loss as a result of his or her services. Opportunity for higher earnings from piecework or commissions does not indicate an opportunity for profit or loss. An opportunity for profit or loss is indicated by the following factors, among others:

A. hire, direct, and pay assistants;

B. provide own office, equipment, materials, or other facilities for doing the work;

C. continuing and recurring financial liabilities or obligations, relating to the work;

D. profit or loss in the work depends upon the relationship of receipts to expenditures;

E. expenses incurred in connection with the work are paid by the individual;

F. specific jobs are performed for prices agreed upon in advance; and

G. performance of the services affects the individual's business reputation, and not the business reputation of those who purchase the services.

Subp. 6. Termination.

The worker's right to terminate the working relationship with the purported employer at will and without incurring liability for noncompletion indicates employment. A requirement to provide notice of termination for some period in advance of the termination is not relevant for purposes of this subpart. Independent contractor status is indicated where the individual agrees to complete a specific job, is responsible for its satisfactory completion, and is liable for failure to complete the job.

Subp. 7. Substantial investment.

A substantial investment by a person in facilities used in performing services for another indicates an independent contractor status. The furnishing of all necessary facilities by the employing unit indicates the absence of an independent contractor status. Facilities include equipment or premises necessary for the work, but not tools, instruments, clothing, and similar items that are provided by individuals working in employment as a common practice in their particular trade. Substantial investment means a monetary investment representing something of considerable worth, in relation to the overall requirements of the person's chosen profession, trade, occupation, or vocation. A substantial expenditure of time or money for an individual's education is not indicative of an independent contractor status.

Subp. 8. Responsibility.

If an employing unit is responsible for the negligence, personal behavior, and work actions of an individual in contacts with customers and the general public during times that services are performed for the employing unit, an employment relationship is indicated.

Subp. 9. Services fundamental to business.

Employment is indicated where the services provided are necessary to the fundamental business purpose for which the organization exists.

History

Statutory Authority: MS s 176.041; 176.83
History: 10 SR 1852

Chapter 5225 BOILERS AND BOATS

Minn. R. 5225.0010 Scope

This chapter addresses the manufacture, installation, repair, operation, safety, and inspection of boilers, pressure vessels, appurtenances, and boats for hire as defined in parts 5225.0050 to 5225.8700 pursuant to Minnesota Statutes, chapter 183.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0050 Definitions

Subpart 1. Scope.

For the purposes of this chapter and Minnesota Statutes, sections 326B.952 to 326B.998, the following terms have the meanings given them.

Subp. 2. Appurtenance.

"Appurtenance" means equipment that is integral to the operation of the boiler as specified in Sections I, IV, VI, and VII of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code as incorporated by reference in part 5225.0090.

Subp. 3. Authorized inspector.

"Authorized inspector" means a commissioned inspector with a Minnesota certificate of competency who also possesses either an A or B endorsement and is regularly employed by an authorized inspection agency or the jurisdiction.

Subp. 4. Boiler.

"Boiler" means a vessel in which steam or other vapor, hot water or other hot liquid is generated for use external to itself.

Subp. 5. Boiler plant.

"Boiler plant" means all boilers on a common header and their related appurtenances.

Subp. 6. Chief boiler inspector.

"Chief boiler inspector" means the chief of the division of boiler inspection as defined in Minnesota Statutes, section 183.375, subdivision 2, appointed by the commissioner.

Subp. 7. Chief engineer.

"Chief engineer" means the properly licensed engineer required to be in charge of and responsible for the safe operation of a boiler plant.

Subp. 8. Commissioned inspector.

"Commissioned inspector" means one who has passed the exam of the National Board of Boiler and Pressure Vessel Inspectors and possesses a valid National Board Commission and is employed by an authorized inspection agency or the jurisdiction.

Subp. 9. Commissioner.

"Commissioner" means the commissioner of the department.

Subp. 10. Department.

"Department" means the Department of Labor and Industry.

Subp. 11. Direct supervision.

"Direct supervision" by the properly licensed operating engineer of a boiler plant means oversight of an apprentice's activities on a boiler including attendance at the boiler plant at all times.

Subp. 12. Division.

"Division" means the Division of Boiler Inspection.

Subp. 13. High pressure boiler.

"High pressure boiler" means power boiler as defined in Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

Subp. 14. Operating engineer.

"Operating engineer" means a properly licensed individual who operates and maintains boilers and their appurtenances.

Subp. 15. Operating experience.

"Operating experience" means activities in boiler operations and maintenance that include training, observation, and personal participation.

Subp. 16. Operation.

"Operation" means the act of manipulating and monitoring, except as provided in Minnesota Statutes, section 326B.972, paragraph (b), boilers or appurtenances to assure safe operation for the intended purpose in accordance with this chapter.

Subp. 17. Repair firm.

"Repair firm" means a company or organization that holds a current "R" repair certificate of authorization issued by the National Board of Boiler and Pressure Vessel Inspectors and performs welded repairs or alterations on boilers or pressure vessels.

Subp. 18. Shift engineer.

"Shift engineer" means the operating engineer responsible to the chief operating engineer in charge of and responsible for the safe operation of a boiler plant in the absence of the chief engineer.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0090 Incorporation by Reference

Subpart 1. General.

To the extent adopted by Minnesota Statutes, chapter 183, and referred to in this chapter, the codes and publications described in this part are incorporated by reference.

Subp. 2. American Society of Mechanical Engineers Boiler and Pressure Vessel Code Sections I, II, III, IV, V, VI, VII, VIII, IX, X, and XI.

The American Society of Mechanical Engineers Boiler and Pressure Vessel Code is written and published by the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, New York 10017 and can be purchased from the same source. It is available for inspection at the Science and Engineering Reference Collection, 206 Walter Library, University of Minnesota, 117 Pleasant Street S.E., Minneapolis, Minnesota 55455. It is subject to frequent change. The publication dates vary by subject. The most recent publication and addenda are incorporated.

Subp. 3. National Board Inspection Code.

The National Board Inspection Code is written and published by the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229 and can be purchased from the same source. It is available for inspection at the Minnesota State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. It is subject to frequent change. The publication date varies. The most recent publication and addenda are incorporated.

Subp. 4. American Society of Mechanical Engineers Codes -- Standards.

The American Society of Mechanical Engineers Codes -- Standards are submitted for publication to the American National Standards Institute, 1430 Broadway, New York, New York 10018 and can be purchased from the same source. They are available for inspection at the Hill Reference Library, 80 West Fourth Street, Saint Paul, Minnesota 55102. They are subject to frequent change. The publication dates vary by subject. The most recent publication and addenda are incorporated.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0100 Application for Operating Engineer License

Any person desiring to take an examination for a license as an operating engineer shall make written application under oath, on blanks furnished by the division. The application shall be accompanied by a corroborating affidavit of at least one employer or an operating engineer possessing not less than a second class engineer's license, certifying to the applicant's operating experience as stated in the application. If affidavits are not obtainable, satisfactory evidence of the applicant's operating experience must be furnished.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 17 SR 1279; 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0200 [Repealed, 10 SR 1379]

[Repealed, 10 SR 1379]

Minn. R. 5225.0300 Expiration and Renewals

Subpart 1. Timing.

Licenses for operating engineers, unless revoked, are valid for one year from the date of issuance, with privilege of renewal without examination, upon application to the division and payment of a renewal fee within 30 calendar days of the expiration date. The renewal license must be given an issue number and the same monthly date as the original issue. An application for renewal may not be presented before 60 days preceding the expiration date of the license. Engineers who fail to renew their licenses before the 30-day grace period has expired are subject to subparts 2 and 3.

Subp. 2. Renewal application within one year of expiration.

A license that has expired may be renewed within one year of expiration without an examination by filing an application for renewal, and submitting the expired renewal fee required in part 5225.8600, subpart 2, item C.

Subp. 3. Application beyond one year of expiration.

After one year after expiration of a license, the license will not be renewed. An applicant must reapply as provided in part 5225.0100.

History

Statutory Authority: MS s 175.171; 183.001; 183.375; 183.41; 183.411; 183.42; 183.44; 183.465; 183.466; 183.54; 183.545; 183.62; 326B.956; 326B.958; 326B.964; 326B.966; 326B.982; 326B.986; 326B.998
History: 12 SR 1148; 18 SR 614; 19 SR 591; 25 SR 992; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0400 Basic License Requirement and Duty

No person shall have charge of as the engineer or operate any boiler or boiler plant who does not possess a license of the class required to operate the boiler or boiler plant.

It is the duty of the owner of a boiler or boiler plant and the chief engineer and all boiler inspectors, including those employed by insurance companies, to promptly report to the chief boiler inspector, any boiler or boiler plant in which the engineer has no license or a license of a lower class than that required by law for the horsepower of the boiler or boiler plant.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.501; 183.54; 326B.958; 326B.964; 326B.966; 326B.972; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0410 High Pressure Boiler Chief Engineer

Each boiler plant over 300 horsepower must have designated a chief class operating engineer of proper grade as the chief engineer of the plant. The chief engineer shall have the responsibility for ensuring the safe operation and maintenance of the boiler plant. The requirements of this section are not met unless the chief engineer has the authority to make decisions to ensure that safety. The chief engineer shall work on the premises at least four hours per day, five days per week, with the exception of excused absences, such as vacation, sick leave, and holiday time.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0500 Examinations

Subpart 1. Preparation of written examination.

The examination questions will be prepared by the chief boiler inspector. All examinations must be written unless the applicant is unable to read, or write, in which case the examination will be oral for a special or second class license. The right to an oral examination for a first or chief class license shall be determined by the chief boiler inspector based on the applicant's ability to demonstrate reading comprehension of statutes, rules, technical boiler operation manuals, and safety warnings. Decisions of the chief boiler inspector regarding application for oral examination may be appealed to the commissioner under part 5225.3200. A written record of the examination shall be made, and examination papers will be kept on file for a period of at least one year.

Subp. 2. Minimum grade.

No new license of any class will be granted to any applicant who fails to obtain a score of at least 70 percent in an examination.

Subp. 3. Effect of failure.

Applicants who fail to pass an examination shall not be eligible to take another examination for the same class of license for ten days.

Failure of an applicant to obtain a passing score will not affect the status of any license currently held, but the fee paid for the examination will not be refunded.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 13 SR 1917; 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0550 Experience Requirements and Documentation for Licensure as an Operating Engineer

Subpart 1. Compliance requirements.

All applicants must comply with this chapter and Minnesota Statutes, sections 326B.952 to 326B.998. The experience requirements are detailed in this part and documentation requirements are detailed in subpart 9. Applicants with previous experience in a jurisdiction requiring licensure must show proof of compliance with the licensure requirements of that jurisdiction in order to receive credit for the experience. All applicants for licensure as an operating engineer or hobby operating engineer, shall provide documentation of operating experience for the level of class/grade applied for in accordance with subparts 2 to 8. To be acceptable for this purpose, operating experience must have occurred within the ten years prior to the license application. The chief boiler inspector may allow earlier operating experience if that experience is pertinent to current operations.

Subp. 2. Special class experience requirements.

A special class license requires only a signed application form. No previous experience is necessary.

Subp. 3. Second class experience requirements.

A second class license requires one year of operating experience, documented as described in subpart 9, on a boiler of proper size under Minnesota Statutes, section 326B.978, subdivisions 12 to 14.

Subp. 4. First class experience requirements.

A first class license requires three years of operating experience, documented as described in subpart 9, on a boiler of proper size under Minnesota Statutes, section 326B.978, subdivisions 9 to 11.

Subp. 5. Chief class experience requirements.

A chief class license requires five years of operating experience, documented as described in subpart 9, on a boiler of proper size which must include one year as a licensed first class engineer, under Minnesota Statutes, section 326B.978, subdivisions 6 to 8.

Subp. 6. Requirements for Grade A licensure.

The requirements for a Grade A license are:

A. Second Class: one year of operating experience on a high pressure boiler, documented as described in subpart 9, which must include one year of operation of a steam engine or turbine.

B. First Class: three years of operating experience on a high pressure boiler, documented as described in subpart 9, of which at least two years must include operation of a steam engine or turbine.

C. Chief Class: five years of operating experience on a high pressure boiler, documented as described in subpart 9, including at least two years of operation of a steam engine or turbine.

Subp. 7.

[Repealed, 18 SR 614]

Subp. 8. Hobby operating engineer license experience and documentation.

A. Experience. An applicant for a hobby operating engineer license must have at least 25 hours operating experience on a steam traction engine or hobby boiler under the supervision of an operating engineer.

B. Documentation. An affidavit of experience must be signed by a person with sufficient knowledge of the applicant's operating experience prior to the applicant taking the examination. The person signing the affidavit must have observed the applicant operating the steam traction engine or hobby boiler and must possess either a valid Minnesota hobby operating engineer license or a valid second class, or higher, Minnesota operating engineer's license. However, if the experience claimed is acquired from outside the state of Minnesota, documentation under the last paragraph of subpart 9 applies.

Subp. 9. Supporting documentation.

Acceptable forms of documentation of experience are:

A. notarized affidavits, prescribed by the department and signed by the owner, employer, or a person possessing a valid Minnesota second class or higher operating engineer license;

B. documentation from the military or maritime service verifying actual operating experience; or

C. a notarized letter from an employer on the employer's business stationery containing verification of operating experience sufficient to determine the appropriate class and grade of license for which the applicant may apply. If the documentation described in items A to C cannot be obtained, other forms of documentation in which the information can be verified and which are sufficient to determine the appropriate class and grade, may be submitted to the chief boiler inspector for consideration.

Subp. 10. Year defined.

For purposes of this chapter, a "year" is at least 2,000 hours. However, in the case of low pressure heating boilers, a year is defined as a 12-month period which includes the heating season operating, and the remainder of the year maintaining, the low pressure boiler.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 13 SR 1917; 17 SR 1279; 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0600 Prohibition Against False Statements in Application

Any material false statement in an application or affidavit such that the license would not have been granted if the accurate information had been provided, shall render the license void. The license shall not be determined to be void until the license holder has been provided with the opportunity for a meet and confer conference and/or an administrative hearing pursuant to part 5225.0880, subpart 5, and the requirements of the Administrative Procedure Act, and the charge of a materially false statement is upheld.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0700 Loss or Destruction of License

Upon application by the license holder stating that a current operating engineer's license issued under the authority of this chapter for display has been lost, destroyed, or not received, a replacement license will be issued for the fee in part 5225.8600, subpart 2, item D. Upon presentation of a written statement of fact showing that a current operating engineer's license issued under the authority of this chapter in wallet size has been lost, destroyed, or not received, a replacement license will be issued for the fee in part 5225.8600, subpart 2, item D.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.0800 [Repealed, 13 SR 1917]

[Repealed, 13 SR 1917]

Minn. R. 5225.0880 [Repealed, L 2007 c 140 art 13 s 3]

[Repealed, L 2007 c 140 art 13 s 3]

Minn. R. 5225.0900 Display of License

Licenses granted must be displayed in a conspicuous place in the engine or boiler room. Boiler plants operated by a contract operating engineer must have a copy of the operating engineer's license of each person who may be operating the boiler posted in each boiler room.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 13 SR 1917; 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1000 Boiler Horsepower Rating

In rating the horsepower of a boiler plant, inspectors shall use the horsepower of each boiler and compute the total horsepower of all boilers connected to the header, whether all the boilers are in use or not.

Where the heating surface cannot be discerned, the boiler horsepower shall be determined by calculating Btu boiler-rated input divided by 67,000.

For purposes of operating engineer license requirements, boiler horsepower for conventional boilers and steam coil type generators is determined as provided in Minnesota Statutes, section 326B.978, subdivision 17. For electrically operated boilers for this purpose, ten kilowatts equal one boiler horsepower.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1100 [Repealed, 19 SR 591]

[Repealed, 19 SR 591]

Minn. R. 5225.1110 Boiler Operation Standards; All Plants

Subpart 1. Safe boiler operation.

All boilers, unless specifically exempted by Minnesota Statutes, section 326B.988, must be operated, maintained, and attended by an operating engineer in a prudent and attentive manner to avoid endangering human life and property. At a minimum, all operating boilers must be checked by an operating engineer in compliance with this chapter. Specific minimum attendance requirements for hobby boilers are given in part 5225.1140 and specific minimum attendance requirements for high pressure plants are given in part 5225.1180.

In determining whether a boiler is operated, maintained, and attended in a prudent and attentive manner, the division and the chief engineer or operating engineer shall consider the recommendations of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section VI, for low pressure and Section VII, for high pressure along with the following additional factors:

A. the size or capacity of the boiler plant;

B. the condition of boilers and appurtenances;

C. the frequency of boiler checks and past maintenance history;

D. the extent of public occupancy of the building containing the boiler plant;

E. the operating service conditions, including weather;

F. compliance with other statutes and rules of this division; and

G. any other factor which would adversely affect the safety of the boiler. A logbook must be maintained in the boiler room by the chief engineer or an operating engineer designated by the chief engineer. The log shall document when the boiler checks were made, who made the boiler checks, and what specific checks of equipment were made. This log shall be made available to the boiler inspector during inspections and at other times upon request of the boiler inspector.

Subp. 2. Unsafe boiler plant.

If the chief engineer or operating engineer has found the boiler to be in an unsafe condition, the engineer shall notify the owner or employer and the chief boiler inspector as soon as possible. If the unsafe boiler is not immediately taken out of service, the chief engineer or operating engineer shall ensure that the boiler is continuously monitored by an operating engineer, 24 hours per day, until the division has either sealed the object, verified that the unsafe condition has been corrected, or determined that continuous monitoring is no longer required.

History

Statutory Authority: MS s 175.171; 183.001; 183.42; 183.44; 183.45; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.96; 326B.966; 326B.982
History: 19 SR 591; 21 SR 1897; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1140 Attendance of Hobby Boilers

Subpart 1.

[Repealed, 21 SR 1897]

Subp. 2.

[Repealed, 21 SR 1897]

Subp. 3. Hobby boiler.

A hobby boiler may not be left unattended when in operation and members of the public are present. For purposes of this part, a traction engine may be considered as not being in operation when all of the following conditions exist:

A. the water level is at least one-third of the water gage glass;

B. the header or dome valve is in a closed position;

C. the draft doors are closed;

D. the fire is banked or extinguished; and

E. the boiler pressure is at least 20 pounds per square inch below the safety valve relieving pressure.

History

Statutory Authority: MS s 175.171; 183.001; 183.42; 183.44; 183.45; 183.465; 183.466; 183.54; 326B.958; 326B.96; 326B.964; 326B.966; 326B.982
History: 19 SR 591; 21 SR 1897; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1180 Attendance at High Pressure Plant

Subpart 1. Attendance; plant of 0 to 50 horsepower.

At a minimum, a high pressure boiler plant of 0 to 50 horsepower, when in operation, must be visually observed at least once every 24 hours by an operating engineer. The operating engineer must document the findings and conditions in the boiler room logbook maintained pursuant to part 5225.1110.

Subp. 2. Attendance; plant of 51 to 500 horsepower.

A. A high pressure boiler plant of 51 to 500 horsepower may be left in operation unattended by an operating engineer for no more than two consecutive hours, except as permitted by item B or subpart 5. The operating engineer must visually observe the operating condition of the boiler and appurtenances at least every two hours and document the findings and conditions in the boiler room logbook maintained pursuant to part 5225.1110.

B. A high pressure boiler plant of 51 to 500 horsepower is exempt from the high pressure attendance requirements of item A if the plant is operated at low pressure. All boilers must either be shut down or shifted to low pressure. If a boiler is shifted to low pressure, it must have the following controls, safety devices, and conditions:

Subp. 3. Attendance; plant over 500 horsepower.

A. A high pressure boiler plant of more than 500 horsepower, when in operation, requires constant attendance, except as otherwise provided in item B or subpart 5.

B. The operating engineer in a high pressure boiler plant of over 500 horsepower may leave the boiler room for up to 30 minutes if all boilers are equipped with dual pressure controls and dual low water fuel cutouts, one of which must be the manual reset type. The operating engineer must stay within 500 feet of the boiler room at all times during the shift.

Subp. 4.

[Repealed, 42 SR 251]

Subp. 5. Attendance; unoccupied plant.

This subpart applies to plants with individual boilers that are 51 to 500 horsepower located in an unoccupied plant.

A high pressure boiler 51 to 500 horsepower may participate in the remote monitoring program if it complies with the requirements in items A to N.

A. Boiler owners must submit an application in a manner prescribed by the commissioner to the department for review and approval to participate in the remote monitoring program for unoccupied plants.

B. The building must be completely unoccupied and the boiler owner must demonstrate with substantiated data that the unattended boiler is located within a safe unoccupied radius.

C. An operating engineer must perform the remote monitoring. The boiler owner must develop a written policy for safe response time for each individual boiler. The operating engineer must be able to respond to any of the safety concerns listed in item L within the safe response time specified in the policy.

D. The operating engineer must visually observe the operating condition of the boiler and appurtenances in person and document the findings and conditions in the boiler room logbook, maintained pursuant to part 5225.1110, at least once every 24 hours.

E. When remotely monitoring high pressure boilers 51 to 500 horsepower, the operating engineer must continuously monitor the following boiler conditions:

F. The boiler must have two feed pumps that supply water to the boiler.

G. A boiler firing with gas must have a flammable gas detection system in the boiler room with a visible and audible alarm. The alarm must trigger before the gas reaches an explosive level. The alarms must be visible and audible inside the boiler room and on the remote monitoring device. Located immediately outside the boiler room door, there must be:

H. Boilers using gas or liquid fuels must have a written fuel-rich condition shutdown procedure, which must be made available to the operators.

I. Each boiler must have written standard and emergency operating procedures, which include testing of all safety devices at the manufacturers' recommended scheduled intervals.

J. A diary must be maintained in the boiler room in a manner that prevents revisions, additions, or deletions. The diary must document, at a minimum, equipment start-up and shutdown times; equipment repairs; equipment inspections; equipment maintenance; equipment testing performed; and the name of the operating engineer documenting these actions, inspections, and tests performed. The diary must be provided to a national board-commissioned inspector upon request.

K. The remote monitoring device and system must have a communication failure alarm. The operating engineer must return to the boiler room immediately upon notification of a communication failure.

L. As recommended by the boiler manufacturer, the operating engineer must establish a primary set point that triggers an alarm and a secondary set point that automatically shuts down the boiler. The primary set point must trigger an alarm if the boiler conditions fall outside of the boiler's normal operating conditions but are within an operating range in which the boiler is safe to operate temporarily. The secondary set point must trigger the boiler to automatically shut down when the boiler conditions are outside of safe operating conditions. The following items must have primary and secondary set points:

M. A national board-commissioned inspector must conduct both an initial internal and external inspection of the boilers to determine compliance with this subpart to qualify for remote monitoring. The internal inspection must be conducted while the boiler is not in operation. The external inspection must be conducted while the boiler is in operation. Annually thereafter, the national board-commissioned inspector must conduct internal and external inspections to ensure continued compliance with this subpart. The inspector must document the name of the water treatment company and the name of the certified water treatment specialist. The water treatment specialist must be certified to treat, test, and monitor the boiler water. Inspection reports must be submitted to the chief boiler inspector.

N. The water treatment specialist must establish a water treatment program that contains boiler water quality parameters. The specialist must monitor the program at least every 60 days by testing the boiler water and reviewing the operating engineer's test results. The operating engineer must test and document the results of the boiler water at least every 24 hours. The test results must be provided to the specialist, the national board-commissioned inspector, or chief boiler inspector upon request. The boiler owner and operating engineer are responsible for ensuring that the boiler meets all of the requirements of the remote monitoring program identified in subpart 5. If the boiler owner or operating engineer determines that the boiler fails to meet the requirements of the remote monitoring program at any time, the owner or engineer must immediately comply with the constant attendance requirements in subpart 3 until all deficiencies are corrected and restored to compliance with the remote monitoring program. All deficiencies and subsequent corrections must be documented by the operating engineer in the diary. If the chief boiler inspector or national board-commissioned inspector determines that the boiler fails to comply with the requirements of this subpart, the boiler is disapproved for the remote monitoring program and must begin immediate compliance with the constant attendance requirements identified in subpart 3. Reinstatement in the remote monitoring program is granted to the boiler owner by correcting the deficiency and obtaining verification of the correction from the national board-commissioned inspector. Evidence of the correction and verification must be submitted to the chief boiler inspector prior to reinstatement.

History

Statutory Authority: MS s 175.171; 183.001; 183.42; 183.44; 183.45; 183.465; 183.466; 183.54; 326B.02; 326B.958; 326B.96; 326B.964; 326B.966; 326B.982
History: 19 SR 591; 21 SR 1897; L 2007 c 140 art 9 s 27; art 13 s 4; 42 SR 251

Minn. R. 5225.1200 Inspectors

Subpart 1. License requirement.

All inspectors whether jurisdictional or in the employ of insurance companies performing inspections in Minnesota shall possess a National Board of Boiler and Pressure Vessels Inspectors' Commission issued by the National Board of Boiler and Pressure Vessel Inspectors, and a Minnesota certificate of competency and shall place on inspection reports the serial number of their Minnesota state certificate of competency. The serial number of the applicant's national board commission must be registered with the division before or at the time of application for the Minnesota certificate of competency. A Minnesota state certificate of competency is issued by the division according to Minnesota Statutes, section 326B.952, subdivision 2.

Subp. 2.

[Repealed, 19 SR 591]

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1225 Authorized Inspector

Subpart 1. Qualifications.

In order to qualify as an authorized inspector, an applicant shall possess a National Board of Boiler and Pressure Vessel Inspectors' Commission from the National Board of Boiler and Pressure Vessel Inspectors and receive an A endorsement and obtain a current Minnesota certificate of competency. Persons with a B endorsement as of September 1, 1992, may maintain their status as authorized inspectors by complying with national board requirements and annual renewal requirements if they are supervised by a supervisor with a B endorsement. An authorized inspector may perform any inspection duty, including shop and in-service.

Subp. 2. Examinations.

State or insurance company commissioned inspectors seeking a license as an authorized inspector on new construction of boilers or pressure vessels shall qualify for an A endorsement by passing a written examination prepared by the National Board of Boiler and Pressure Vessel Inspectors. The examinations will be held at Saint Paul, Minnesota, by the division at times the commissioner may prescribe.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1300 Operators of Railroad Locomotives

Operators of railroad locomotives which are utilized for such stationary purpose as generating steam for power or heating are required to have the proper class of operating engineer licenses issued by the division.

Operators of railroad locomotives engaged in intrastate or interstate commerce and operators of boilers in private residences and dwellings with accommodations for five or fewer families are not required to possess operating engineers' licenses issued by the division.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1350 Property Damage or Personal Injury Report

Insurance inspectors or owners of boilers shall make a written report to the chief boiler inspector of incidents involving boilers and pressure vessels covered under this chapter that result in personal injury, destruction of the object, any property damage, or repairs not of a routine nature. These incidents shall be reported on the National Board of Boiler and Pressure Vessel Inspectors, Incident Report form.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982;
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.1400 [Repealed, L 2010 c 287 s 19]

[Repealed, L 2010 c 287 s 19]

Minn. R. 5225.2000 [Repealed, 13 SR 1917]

[Repealed, 13 SR 1917]

Minn. R. 5225.2050 Maximum Allowable Working Pressure

The maximum allowable working pressure for boilers and pressure vessels must not exceed that determined for those objects in Section I for high pressure boilers, Section IV for low pressure boilers, or Section VIII for unfired vessels of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2100 Stamps on Boiler and Pressure Vessels

Every boiler or pressure vessel, unless specifically exempted by Minnesota Statutes, section 326B.988, for use in this state must conform in every detail to the boiler and pressure vessel laws of the state as provided in Minnesota Statutes, chapter 183, and this chapter. Each boiler or pressure vessel must be constructed in compliance with and stamped with the respective American Society of Mechanical Engineers Code Symbol Stamp, or international code symbol accepted by the National Board, and the National Board symbol registration number or the Minnesota Special (MINN. SPC). Stamping must be witnessed by an Authorized Inspector. Information as to construction stamp requirements shall be provided to contractors by the chief boiler inspector. The chief boiler inspector may, at the request of the manufacturer, designate any authorized inspector to make the shop inspection, for which the manufacturer shall pay the required fee pursuant to part 5225.8600, subpart 4, plus travel expenses.

All owners of new or used boilers shall notify the division before the installation is completed. Before the equipment is put into service, hydrostatic testing must be applied to the boiler and appurtenances and witnessed by a commissioned inspector who holds a Minnesota certificate of competency. If the boiler and appurtenances are in conformance with adopted standards, the inspector must file the results with the chief boiler inspector and a certificate of inspection will be issued for that object.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2200 Items Requiring in-Service Inspection

Subpart 1. Inspection.

A commissioned inspector holding a Minnesota Certificate of Competency shall inspect all boilers or steam generators, fired or unfired pressure vessels, and appurtenances for their safe operation and condition, and all pressure piping connecting them to the appurtenances, and all piping up to the first stop valve, or the second valve when two are required in accordance with inspection requirements in Section 1 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the National Board Inspection Code. They must be properly prepared for inspection and the inspector given at least 48 hours' notice before the time of the inspection.

Subp. 2. Certificate of inspection.

A certificate of inspection will be issued by the division upon the object passing the inspection required by the division and the payment of the appropriate fee.

Subp. 3. Certificate of exemption.

An exemption certificate will be issued as provided in part 5225.3150, subpart 2, if the object is in conformance with part 5225.3150, subpart 1.

Subp. 4. Display of certificate.

A certificate of inspection or exemption issued by the division must be displayed in a conspicuous place on or near any boiler or pressure vessel subject to this chapter.

Subp. 5. Removing objects from inspection.

No object subject to inspection may be removed from the division's records and inspection requirements unless a commissioned inspector has reported on forms prescribed by the division that the object is permanently removed from service and the reason for its removal from service. Boilers and pressure vessels must be isolated from the common header or discharge piping by a means other than a valve, and the electrical and fuel supply must be disconnected from the object. An object may not be placed back into service without first being inspected and reported by a commissioned inspector.

History

Statutory Authority: MS s 175.171; 183.001; 183.375; 183.41; 183.411; 183.42; 183.44; 183.465; 183.466; 183.54; 183.545; 326B.956; 326B.958; 326B.964; 326B.966; 326B.982; 326B.986
History: 13 SR 1917; 19 SR 591; 25 SR 992; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2300 Exceptions to This Chapter

The objects described in Minnesota Statutes, section 326B.988, clauses (1) to (18), are exempt from this chapter.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 183.56; 326B.958; 326B.964; 326B.966; 326B.982; 326B.988
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2400 Relocation of Used Boilers or Vessels

Before the transfer of ownership of or before relocation of a used boiler or pressure vessel or the owner shall cause it to be inspected by a commissioned inspector, and in computing the safe working pressure, the inspector shall use a safety factor of at least six on noncode boilers and pressure vessels having a butt strap joint and at least a factor of seven on a lap seam joint. If the used boiler or pressure vessel changes ownership, the new owner shall arrange the inspection.

For purposes of this part, noncode boilers and pressure vessels are those that have not been built to the American Society of Mechanical Engineers Boiler and Pressure Vessel Code specifications.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2500 Low Water Devices

Subpart 1.

[Repealed, 13 SR 1917]

Subp. 2.

[Repealed, 13 SR 1917]

Subp. 3. Requirements.

The following must be equipped with a low water cutout that will shut off the fuel supply in case of a low water condition:

A. each automatically fired steam boiler; and

B. each automatically fired hot water heating boiler or other hot liquid boiler plants of two or more boilers with individual isolating valves connected to a common header with a total heat input exceeding 750,000 Btu per hour input.

Subp. 4. Flow-sensing device required.

The following must have a flow-sensing device installed in the outlet piping instead of the low water fuel cutoff required in subpart 3 to automatically cut off the fuel supply when the circulating flow is interrupted:

A. a coil type boiler plant exceeding 750,000 Btu; and

B. a watertube boiler plant with heat input greater than 750,000 Btu per hour requiring forced circulation to prevent overheating of the coils or tubes.

History

Statutory Authority: MS s 175.171; 183.44; 183.465; 183.466; 326B.964; 326B.966
History: 13 SR 1917; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2600 Repairs and Alterations; Reporting

Subpart 1. Prior notice of repair or alteration.

The owner or person in charge of a boiler, steam generator, or pressure vessel shall notify the Chief Boiler Inspector or, if the object is insured, the owner or person in charge shall notify the insurer, before each welded or riveted repair or any alteration is made to the pressure containing parts of a boiler or pressure vessel. The authorized inspector will review and accept or reject the computations for the safe working pressure of the repaired or altered object.

Subp. 2. Standard of repairs.

The National Board of Boiler and Pressure Vessel Inspectors' repair (R) stamp and current Repair Certificate of Authorization are required for performing any welded or riveted repairs or any alterations to any boiler or pressure vessel subject to inspection as specified in Minnesota Statutes, sections 326B.952 to 326B.998.

All alterations must be in compliance with the National Board Inspection Code and the American Society of Mechanical Engineers Boiler and Pressure Vessel Code sections for construction of that object.

Subp. 3. Inspection and reporting.

Any welded or riveted repairs or any alteration must be reported by the repair firm to the authorized inspection agency responsible for the in-service inspection of the boiler or pressure vessel. The inspection of the repair or alteration and the certification of repairs and alterations required by subpart 2 must be made by an authorized inspector who is employed by an authorized inspection agency under contract with the firm doing the repairs.

An authorized inspection agency is:

A. the division;

B. another governmental regulatory agency which is accepted by the National Board of Boiler and Pressure Vessel Inspectors as an inspection agency; or

C. the insurance company authorized by Minnesota Statutes, chapter 183, to provide the in-service inspection of the boiler or pressure vessel. When a welded repair does not require form R-1 as prescribed by the National Board Inspection Code, then documentation detailing the repair and any test results must be submitted to the chief boiler inspector and the owner by the repair firm, which must retain a copy. It is the responsibility of the repair firm making the welded or riveted repair or alteration to arrange for inspection, documentation, and certification of the work, and to ensure acceptance of the work by an authorized inspection agency. Completion of the National Board of Boiler and Pressure Vessel Inspectors' R-1, Report of Welded Repair or Alteration, form is required for all welded or riveted repairs not of a routine nature and all alterations as required by the National Board Inspection Code Chapter 3. It is the responsibility of the repair firm to prepare the form, certify it, and submit it to the authorized inspector for acceptance. Distribution of the form must be as provided in the National Board Inspection Code with one copy of the completed form sent to the division.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2610 Owner Repair Program

Subject to written approval of their repair program from the department, an owner with a boiler exceeding 200,000 pounds per hour of steam may perform repairs to their boiler or safety relief valves as allowed by and meeting the requirements of Sections I, IV, and VIII of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the National Board Inspection Code. The granting of the approval does not allow repair of high pressure piping under the authority of and as defined by Minnesota Statutes, section 326B.91.

The owner repair program must include: organization, design control, material control, control of work, inspection, welding, nondestructive testing, records, repair reporting, and provision for system test and inspection by a commissioned inspector holding a Minnesota Certificate of Competency. Before acceptance of the repair program, the chief boiler inspector must review the program. The program shall not be approved until the chief boiler inspector is satisfied that the program elements listed in this part are complete and acceptable and the allowance for independent third-party inspection controls are adequate and acceptable.

The commissioner of the department may withdraw program approval, with cause, upon the recommendation of the chief boiler inspector. The commissioner must provide the owner with written notification of the department's intent to withdraw program approval and the reasons for the action. The owner, upon receipt of the commissioner's notification, has 30 calendar days to implement the required corrective actions to the satisfaction of the chief boiler inspector. The acceptance or rejection of all corrective actions shall be by the chief boiler inspector and must be in writing.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 10 s 11; art 13 s 4

Minn. R. 5225.2700 Repairs by Inspectors Prohibited

Boiler inspectors shall not make any of the repairs they order to boilers.

History

Statutory Authority: MS s 175.171; 183.001; 183.42; 183.44; 183.45; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; 21 SR 1897; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.2800 [Repealed, 13 SR 1917]

[Repealed, 13 SR 1917]

Minn. R. 5225.2900 Sales by Inspectors Prohibited

Boiler inspectors shall not sell, nor be interested in the sale directly or indirectly of articles or accessories used in the maintenance of boilers and steam machinery, to the owners of the boilers or pressure vessels which they inspect.

History

Statutory Authority: MS s 175.171

Minn. R. 5225.3000 Professional Conduct of Inspectors

Boiler inspectors shall at all times extend courteous treatment to those whom they serve and to the public, and make special effort to avoid controversy by referring disputes to the office of the chief boiler inspector. Inspectors shall not commence any legal proceedings relating to the enforcement of boiler, license, or inspection laws prior to submitting the matter to the chief boiler inspector; nor shall they divulge to any person their personal opinions of findings pertaining to their duties as inspectors or disclose to the public any matter of a private nature in the possession of the division.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.3100 [Repealed, L 2010 c 287 s 19]

[Repealed, L 2010 c 287 s 19]

Minn. R. 5225.3150 [Repealed, L 2010 c 287 s 19]

[Repealed, L 2010 c 287 s 19]

Minn. R. 5225.3200 [Repealed, L 2010 c 287 s 19]

[Repealed, L 2010 c 287 s 19]

Minn. R. 5225.3300 Grounds for Suspension or Dismissal

The failure of any inspector to comply with any of the foregoing rules may constitute sufficient grounds for the temporary suspension of such inspector; repeated neglect to comply with same shall be sufficient grounds for dismissal from the service.

History

Statutory Authority: MS s 175.171

Minn. R. 5225.3400 [Repealed, 19 SR 591]

[Repealed, 19 SR 591]

Minn. R. 5225.3500 [Repealed, 19 SR 591]

[Repealed, 19 SR 591]

Minn. R. 5225.4000 Blowoff Tanks

Blowoff tanks must meet the requirements of the National Board Inspection Code 27, Rules and Recommendations for the Design and Construction of Boiler Blowoff Systems.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4100 Safety Valves

Every high pressure or low pressure boiler must have at least one safety valve. A high pressure boiler of more than 500 square feet of water heating surface must have two or more safety valves. All safety valves must meet the requirements of Section I, IV, or VIII of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, and be so stamped, and be set no higher than the maximum allowable working pressure on the inspector's certificate for that boiler.

Every safety valve must be connected to the boiler independent of any other connections, and attached as close as possible to the boiler, without any unnecessary pipe or fitting and must stand in an upright position. No valve of any description may be placed between the required safety valve or valves and the boiler, nor on the discharge pipe between the safety valve and the point of discharge. All safety valves must discharge at a point of safety not less than seven feet from running boards, platforms, or adjacent areas. No reduction in pipe size is allowed in discharge piping from a safety valve. The discharge pipe must be of sufficient size to allow complete discharge without back pressure.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4200 Water Gage

When the boiler operating pressure exceeds 100 pounds per square inch, the water gage glass must be fitted with either a gate-type or plug-type valved drain to a safe discharge point.

If the lowest water gage shutoff valve is more than seven feet above the floor or platform from which it is operated, the operating mechanism must indicate by its position whether the valve is opened or closed. Installation must meet the requirements of Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code for high pressure boilers or Section IV for low pressure boilers.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4300 Water Column Shutoffs

When shutoffs are used in pipe connections between a boiler and water column or between a boiler and the shutoff valves required for the gage glass they must be either outside-screw-and-yoke or lever-lifting type gate valves or stopcocks with levers permanently fastened and marked in line with their passage, or other through-flow construction to prevent stoppage by deposits of sediment. These valves must indicate by the position of the operating mechanism whether they are in open or closed position; and the valves or cocks shall be locked or sealed open. Where valves are used they must be a type with the plug held in place by a guard or gland.

The steam and water connections to a water column, including all pipe, fittings, valves, and drains must be readily accessible for internal inspection and cleaning by providing a cross or fitting with a back outlet at each right-angle turn, or by using pipe bends or fittings which will permit the passage of a rotary cleaner. The water column shall be fitted with at least a three-fourths inch pipe size valve drain with a suitable connection to a safe discharge point.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4400 Steam Gage

For steam boilers the steam gages must meet the requirements of Section I for high pressure boilers, and section IV for low pressure boilers of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code to correctly record pressure.

Each steam gage must be connected to a siphon of at least one-fourth inch pipe size and be fitted with a valve provided with a tee or lever handle arranged to be parallel to the pipe in which it is located when the valve is open. If the pipe is longer than ten feet, a shutoff valve or valve arranged so that it can be locked or sealed open may be used near the boiler.

The dial of the steam gage must be graduated to approximately double the pressure at which the safety valve is set but in no case to less than 1-1/2 times this pressure.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4500 Valves and Fittings

Valves and pipe fittings must conform to the American Society of Mechanical Engineers Boiler and Pressure Vessel Code which adopts American National Standards Institute standards for the maximum allowable working pressure. Fusion welded joints are permitted if the welding procedure and operator are qualified as required in Section IX of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

All valves and fittings on all feedwater piping from the boiler up to and including the first stop valve and the check valve must be equal at least to the requirements of the standard accepted by Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code for pressure 1.25 times the maximum allowable working pressure of the boiler.

All valves and fittings for feedwater piping between the required check valve and the globe or regulating valve, and including any bypass piping up to and including the shutoff valves in the bypass, must be equal at least to the saturated requirements set out in Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code. The valves and fittings must have a pressure rating at least equal to the expected operating pressure required to feed the boiler for a saturated steam temperature corresponding to the minimum set pressure of any safety valve on the boiler drum or for the actual temperature of the water, whichever is greater.

Valves and fittings made of any material permitted by I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code for pressure ratings of 125 pounds or more and marked as required by the code may take up to 20 percent reduction in pressure rating when used for feed line and blowoff service.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4600 Stop Valves

Each steam-discharge outlet, except safety valve, reheater inlet and outlet, or superheater inlet connections, must be fitted with a stop valve located at an accessible point in the steam-delivery line and as near to the boiler nozzle as convenient and practicable. When the outlets are over two inches pipe size, the valve or valves used on the connection must be the outside-screw-and-yoke rising-spindle type to indicate at a distance by the position of its spindle whether it is closed or open. A plug-cock-type valve may be used provided the plug is held in place by a guard or gland, and it is equipped to indicate at a distance whether it is closed or open and it is equipped with a slow-opening mechanism.

History

Statutory Authority: MS s 183.44; 183.465; 183.466; 326B.964; 326B.966
History: 13 SR 1917; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4700 Common Main Connection

When two or more boilers are connected to a common steam main, the steam connection from each boiler having a manhole opening must be fitted with two stop valves having an ample free-blow drain between them. The stop valves installed on high pressure steam boilers must consist of either one automatic nonreturn valve, set next to the boiler and a second valve of the outside-screw-and-yoke type; or two valves of the outside-screw-and-yoke type. The free blow drain must ensure complete removal of all condensate and steam from between the two stop valves.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4800 Blowoff Piping; Valves and Fittings

Each boiler must have a bottom blowoff pipe fitted with a valve or cock in direct connection with the lowest water space practicable.

All fittings between the boiler and valves must be of steel for pressure over 100 pounds per square inch.

For pressures up to 200 pounds per square inch cast iron valves may be used if they meet the requirements of Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, which adopts the American National Standards Institute Standard for 250 pounds; and if of steel must be equal to the requirements of Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, which adopts the American National Standards Institute Standard. For pressures over 200 pounds per square inch the valves or cocks must be of steel and at least equal to the requirements of Section I of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code which adopts the American National Standards Institute Standard.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.4900 Blowoff Piping

On all stationary boilers, when the allowable working pressure exceeds 100 pounds per square inch, each bottom blowoff pipe must have two slow-opening valves, or one slow-opening valve and a quick-opening valve or a cock complying with Section VII of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code. The quick-opening valve, if used, must be located nearest the boiler.

The bottom blowoff pipes of every traction and/or portable boiler must have at least one slow-or-quick-opening blowoff valve or cock conforming to the American Society of Mechanical Engineers Boiler and Pressure Vessel Code Section VII requirement.

Blowoff valves and cocks must be located in a convenient and accessible place, using extension valve stems if necessary to secure safe operation.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.5000 Feed Piping and Check Valve

The feed-pipe must be provided with a check valve near the boiler and a valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source, there must be a globe or regulating valve on the branch to each boiler between the check valve and the source of supply. Wherever globe valves are used on feed piping, the inlet must be under the disk.

A combination stop-and-check valve in which there is only one seat and disk, and a valve stem is provided to close the valve when the stem is screwed down, must be considered only as a stop valve, and a check valve must be installed as provided in the first paragraph of this part.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.5100 Feedwater Supply

A high pressure boiler having more than 500 square feet of water heating surface (50 BHP) must have at least two means of feeding. Each source of feeding must be capable of supplying water to the boiler at a pressure of three percent higher than the highest setting of any safety valve on the boiler. For boilers that are fired with solid fuel not in suspension, and for boilers whose setting or heat source can continue to supply sufficient heat to cause damage to the boiler if the feed supply is interrupted, one such means of feeding must not be susceptible to the same interruption as the other, and each source must provide sufficient water to prevent damage to the boiler.

When electrically driven feed pumps are used and there is no other reliable independent source of electrical supply, there must be maintained ready for service steam-driven feed pumps or injectors (inspirators) of sufficient capacity to safeguard the boilers in case of failure of electric power.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.5200 Electric Boilers

All appliances required for electric steam boilers shall be attached in accordance with the following:

A cable at least as large as one of the incoming power lines to the boiler must be provided for grounding the boiler shell. This cable must be permanently fastened on some part of the boiler and must be grounded in an approved manner. A suitable screen or guard shall be provided around high tension bushings and a sign posted warning of high voltage. This screen or guard must be located so that it will be impossible for anyone working around the boiler to accidentally come in contact with the high tension circuits.

Each kilowatt of electrical energy consumed by an electric steam boiler, operating at maximum rating, must be considered the equivalent of one square foot of heating surface of a fire tube boiler when determining the required amount of safety valve relieving capacity.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 13 SR 1917; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6000 Scope

Parts 5225.6000 to 5225.8600 govern boats, as defined by part 5225.6100, subpart 2, and their pilots.

History

Statutory Authority: MS s 175.171; 183.38; 183.41; 183.42; 183.44; 183.62; 326B.952; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6050 Incorporation by Reference

Subpart 1. Code of Federal Regulations, title 33.

To the extent referred to in parts 5225.6350 and 5225.6500, Code of Federal Regulations, title 33, section 86.01, and United States Code, title 33, sections 2002 to 2019, are incorporated by reference.

Subp. 2. Code of Federal Regulations, title 46.

To the extent referred to in parts 5225.6140, 5225.6500, and 5225.7200, and not in its entirety, the Code of Federal Regulations, title 46, as revised on October 1, 1991, is incorporated by reference. Amendments subsequent to October 1991 are not incorporated.

Subp. 3. Use of terms.

For the purpose of parts 5225.6000 to 5225.8600, the following terms in incorporated sections of Code of Federal Regulations have the meanings given in items A and B.

A. "Officer in charge, marine inspection," or "officer in charge" means a "chief boiler inspector."

B. "Marine inspector" means a "designated boat inspector" and is used in this chapter to mean a boat inspector who is designated by the chief boiler inspector of the department.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6100 Definitions

Subpart 1.

[Repealed, 18 SR 614]

Subp. 1a. Scope.

To the extent referred to in parts 5225.6000 to 5225.8600, the terms in this part have the meanings given them.

Subp. 2. Boat.

"Boat" means any vessel navigating inland waters of the state which is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet or more in length.

Subp. 2a. Length.

"Length" means the straight-line distance from the foremost part of the boat (bow) to the rear most part of the boat (stern).

Subp. 2b. Passengers for hire.

"Passengers for hire" means the carriage of any persons by a boat for a valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent, or any other person interested in the boat. Passengers for hire does not include the pilot, the crew, or other persons employed or engaged in any capacity on board a boat in the business of that boat.

Subp. 3. Under way.

"Under way" means a boat when it is not at anchor and is not made fast to the shore or ground.

Subp. 4. Visible.

"Visible," when applied to lights, means visible on a dark night with a clear atmosphere.

History

Statutory Authority: MS s 175.171; 183.38; 183.41; 183.42; 183.44; 183.62; 326B.952; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6140 Inspection of Boats

Subpart 1. Inspections required.

Boats as defined by part 5225.6100, subpart 2, are required to have an annual safety inspection and boat hull inspection to carry passengers for hire. It is the boat owner's or lessee's responsibility to schedule and obtain the annual safety inspection or boat hull inspection as required in this part.

Subp. 1a. Safety inspection.

An annual safety inspection by the department is required of any boat carrying passengers for hire. The owner or lessee of the boat shall affix a sticker provided by the department in a conspicuous place that is visible to other water craft that indicates the boat was inspected.

Subp. 1b. Dry dock inspection.

A boat's hull shall be inspected in dry dock, separate from the annual safety inspection, by the department or by a certified marine surveyor. The dry dock inspection shall be a comprehensive inspection according to part 5225.6050, subpart 2. Boats with wooden hulls shall have an annual dry dock inspection. Boats with metal or composite hulls shall be subject to a dry dock inspection once every three years. The boat owner is responsible for obtaining an inspection of the boat hull required under this subpart, including its cost. Dry dock inspections conducted by the department constitute a separate fee and shall be at the rates given in part 5225.8600, subpart 7.

Subp. 1c. Coast Guard exemption.

A boat with a safety inspection conducted by the United States Coast Guard and authorized to carry passengers on waters under the jurisdiction of the United States Coast Guard is exempt from the annual safety inspection required under this part. A comprehensive boat inspection by the United States Coast Guard within the specified time frames exempts that boat from both the safety inspection and dry dock inspection requirements of this part. The boat owner shall provide the department written documentation or evidence that the boat passed the requisite inspections.

Subp. 2. Inspections optional.

Boats that are less than 21 feet in length may be inspected by the department at the owner's request if the owner pays for the inspection. Boats under 21 feet must meet the safety equipment requirements established by the Minnesota Department of Natural Resources.

Subp. 3. Inspection standards.

The division shall conduct the inspection based on Code of Federal Regulations, title 46, as applicable to fresh water and inland waters, and the requirements in parts 5225.6000 to 5225.8600.

History

Statutory Authority: MS s 175.171; 183.001; 183.375; 183.41; 183.411; 183.42; 183.44; 183.465; 183.466; 183.54; 183.545; 183.62; 326B.956; 326B.958; 326B.964; 326B.966; 326B.982; 326B.986; 326B.998
History: 18 SR 614; 19 SR 591; 25 SR 992; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6145 Pilot Requirements

All pilots must comply with parts 5225.0600, 5225.0700, and 5225.6000 to 5225.8600 and Minnesota Statutes, sections 326B.956 to 326B.998. The chief boiler inspector may revoke the license of any pilot who violates these provisions. In that event, the procedures of part 5225.0880 apply.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.62; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6150 License Requirements

Subpart 1. General.

The operation of a boat requires a valid, current Minnesota pilot's license issued by the division.

Subp. 2. Requirements for licensure.

An applicant for a pilot's license must:

A. fill out an application on forms provided by the division;

B. submit an affidavit from a person who can attest to the piloting experience of the applicant as provided in subpart 3;

C. pass an examination prepared by the chief boiler inspector as described in part 5225.0500, subpart 1, with a score of at least 70 percent; and

D. pay the license fee as provided in part 5225.8600.

Subp. 3. Experience documentation.

An applicant must have at least 15 hours of training experience operating a boat. The training experience must be supervised by a licensed pilot. The applicant must submit an affidavit completed by the supervising licensed pilot attesting to the applicant's training experience. The applicant must submit the affidavit before taking the examination.

Subp. 4. Exemptions from affidavit and examination requirement.

The affidavit and examination requirement shall be waived for an applicant possessing a current United States Coast Guard pilot's license. An applicant possessing a current United States Coast Guard pilot's license must complete an application and pay the fee set by part 5225.8600.

Subp. 5. Effect of failure of examination.

An applicant who fails to pass the examination is not eligible to take another examination for ten days. The fee paid for the examination shall not be refunded.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6160 License Expiration and Renewal

Subpart 1. Timing.

Licenses for pilots, unless revoked, are valid for one year from the date of issuance, with privilege of renewal without examination upon application to the division, and payment of a renewal fee within ten calendar days of the expiration date. The renewal license must be given a consecutive issue number and the same monthly date as the original issue. An application for renewal may not be submitted before 30 days preceding the expiration date of the license. Pilots who fail to renew their licenses before the ten-day grace period has expired are subject to the requirements in subparts 2 and 3.

Subp. 2. Application for renewal within one year of expiration.

A license that has expired may be renewed within one year of expiration without an examination by filing an application for renewal and submitting the expired renewal fee required in part 5225.8600, subpart 2, item C.

Subp. 3. Renewal application after one year of expiration.

After one year after the expiration of a license, the license will not be renewed. An applicant must reapply as provided in part 5225.6150.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6170 Display of License

Licenses must be placed in a glass or plexiglass frame and be displayed in a conspicuous place in the pilot's station.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.62; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6200 Lights

The rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited. If operated between sunset and sunrise, a vessel shall be equipped with a green light on the starboard side and a red light on the port side of the bow of the boat and shielded so they cannot be seen across the bow, and a white stern light visible from any angle within 360 degrees. Such boats shall have ready a lantern or flash light which shall be temporarily exhibited in sufficient time to avoid collision.

History

Statutory Authority: MS s 183.38; 183.41; 326B.952
History: L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6300 [Repealed, 18 SR 614]

[Repealed, 18 SR 614]

Minn. R. 5225.6350 Rules for Navigation

Subpart 1. Code of Federal Regulations requirements; jurisdiction.

All boats must comply with United States Code, title 33, sections 2002 to 2019.

Subp. 2. Towing rowboats.

Every boat that tows a rowboat shall provide oars on the rowboat regardless of whether the rowboat is equipped with an outboard motor.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.62; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6400 [Repealed, 18 SR 614]

[Repealed, 18 SR 614]

Minn. R. 5225.6500 Equipment

Subpart 1. Generally.

When under way, every boat shall carry oars or pole, an anchor, a fire extinguisher, and at least one approved life preserver for each passenger. If a pole is used, it must be at least 12 feet in length and have a hook attached to one end.

Subp. 2. Code of Federal Regulations requirements.

In addition to the requirements of subpart 1, all boats must comply with the following equipment requirements:

A. fire extinguisher, Code of Federal Regulations, title 46, subpart 181.30;

B. bilge pumps, Code of Federal Regulations, title 46, section 182.25-10;

C. life preservers, Code of Federal Regulations, title 46, subpart 180.25, except section 180.25-20;

D. ring life buoys, Code of Federal Regulations, title 46, subpart 180.30;

E. distress signals, Code of Federal Regulations, title 46, subpart 180.35;

F. whistles, Code of Federal Regulations, title 33, subpart 86.01;

G. ventilation systems, Code of Federal Regulations, title 46, subpart 177.20 and section 182.15-45; and

H. anchors, Code of Federal Regulations, title 46, subpart 184.10.

Subp. 3. First aid kit.

Each boat must have a first aid kit on board that is approved by the American Red Cross or an equivalent entity. The American Red Cross First Aid Kit for Car and Home is recommended, and is available from the American Red Cross, 11 Del Place, Minneapolis, Minnesota 55403.

Subp. 4. First aid handbook.

All boats must have a first aid handbook on board. The American Red Cross Standard First Aid and Safety Handbook is recommended, and is available from the American Red Cross, 11 Del Place, Minneapolis, Minnesota 55403.

Subp. 5. Battery covers.

All batteries must be covered with battery covers to eliminate sparking or arcing.

History

Statutory Authority: MS s 175.171; 183.38; 183.41; 183.42; 183.44; 183.62; 326B.52; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6600 [Repealed, 18 SR 614]

[Repealed, 18 SR 614]

Minn. R. 5225.6700 Reports of Damage

A pilot of a boat shall report in writing to the office of the chief boiler inspector of the department any accident causing either death, an injury that requires hospitalization, or damage in excess of $1,000. In the event of a death, the report must be made within 48 hours. In the event of an injury or property damage, the report must be made within five days. The pilot shall also promptly report any other pilot who does not properly discharge the duties of a pilot and any person who flashes a light into the face of a pilot or otherwise commits an act that endangers the safety of a pilot or passengers of a boat.

History

Statutory Authority: MS s 175.171; 183.38; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.952; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6800 [Repealed, 18 SR 614]

[Repealed, 18 SR 614]

Minn. R. 5225.6900 Engine Mufflers

Vessels propelled by an internal combustion engine shall at all times be so equipped as to completely and effectually "muffle" the sound of such engine by diverting its exhaust under water, or otherwise. Every vessel subject to these rules may be operated with mufflers or cutouts while actually competing in any race licensed to be held by the council or other governing body of the city, village, or town adjacent or nearest to that portion of the body of water on which such race is to be held.

History

Statutory Authority: MS s 183.38; 183.41; 326B.952
History: L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6940 Design Changes

Subpart 1. Approval of design.

The division must be notified before any design change is made to a boat that changes the length, draft, center of gravity, or superstructure of the boat. Drawings, sketches, or written specifications of the changes must be reviewed and approved by a marine architect designated by the boiler division. The marine architect shall make a report regarding the proposed design changes to the chief boiler inspector. Final approval or disapproval of design changes will be made by the chief boiler inspector. All costs of the review by the architect must be paid by the boat owner.

Subp. 2. Stability test.

A stability test is required before the boat is placed back in service when a boat's length or draft is changed, its superstructure increased, or its center of gravity is changed. The stability test must be witnessed by an inspector of the boiler division. The cost of the stability test must be paid by the boat owner.

History

Statutory Authority: MS s 175.171; 183.41; 183.42; 183.44; 183.465; 183.466; 183.54; 183.62; 326B.958; 326B.964; 326B.966; 326B.982; 326B.998
History: 18 SR 614; 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6975 Operating Permit

Subpart 1. Requirement.

A boat owner shall obtain an annual permit for each boat to carry passengers for hire. The permit must be obtained prior to carrying any passengers for hire each calendar year.

Subp. 2. Permit application.

The boat owner shall apply for an operating permit on a form approved by the commissioner with payment of the fee as prescribed in part 5225.8600, subpart 7.

The application shall be submitted at least 60 calendar days immediately preceding the boat owner's projected start date of operations.

Subp. 3. Operating permit.

The commissioner shall issue the boat owner or lessee a permit upon receipt of a properly completed application and payment of the appropriate fee prescribed in part 5225.8600, subpart 7. The permit may include any limitations or information tailored to the individual boat determined to be appropriate by the chief boiler inspector.

The commissioner shall not issue a permit to a boat owner or lessee without the fee first being paid. A person operating a boat without an operating permit is guilty of a misdemeanor and is subject to a penalty in the amount of the cost of inspection up to a maximum of $1,000.

History

Statutory Authority: MS s 175.171; 183.001; 183.375; 183.41; 183.411; 183.42; 183.44; 183.54; 183.545; 183.62; 326B.956; 326B.958; 326B.982; 326B.986; 326B.998
History: 18 SR 614; 25 SR 992; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.6980 Revocation of Permit; Penalties

Any violation of parts 5225.6000 to 5225.8600 shall be grounds to revoke the operating permit. A person in charge of operating the boat who willfully, or from ignorance or gross neglect, creates or allows to be created any condition endangering human life is subject to the disciplinary procedures in part 5225.0880, and a boat owner who has knowledge of the condition, or of circumstances that would cause such a condition, is guilty of a gross misdemeanor under Minnesota Statutes, section 326B.998.

History

Statutory Authority: MS s 175.171; 183.001; 183.375; 183.41; 183.411; 183.42; 183.44; 183.54; 183.545; 183.62; 326B.956; 326B.958; 326B.982; 326B.986; 326B.998
History: 18 SR 614; 25 SR 992; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.7000 [Repealed, 18 SR 614]

[Repealed, 18 SR 614]

Minn. R. 5225.7100 [Repealed, 18 SR 614]

[Repealed, 18 SR 614]

Minn. R. 5225.7200 Passenger Capacity

The passenger capacity of each boat shall be designated by the chief boiler inspector under Code of Federal Regulations, title 46, subpart 176.01-25.

History

Statutory Authority: MS s 175.171; 183.38; 183.41; 183.42; 183.44; 183.62; 326B.952; 326B.958; 326B.998
History: 18 SR 614; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.8600 Fees

Subpart 1.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 2.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 3.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 4.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 5.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 6.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 7.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 8.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 9.

[Repealed, L 2007 c 140 art 13 s 3]

Subp. 10. Failure to pay fee.

If the fee is not paid within 30 days from the date of the inspection under Minnesota Statutes, section 326B.982, subdivision 2, completion of delivery of the certificate will not occur. If the fee is not paid within 60 days from the date of the inspection, the commissioner may assess a penalty under Minnesota Statutes, section 183.001, or seal the object inspected. If a fee for inspection under Minnesota Statutes, sections 326B.956, 326B.958, 326B.96, 326B.968, or set pursuant to Minnesota Statutes, section 326B.986, is not paid within 60 days of the invoice date, the commissioner may assess a penalty under Minnesota Statutes, section 183.001, or seal the object inspected. If the fee under Minnesota Statutes, section 326B.99, subdivision 2, is not paid within 60 days of the invoice date, the commissioner may assess a penalty under Minnesota Statutes, section 183.001, or seal the object.

History

Statutory Authority: MS s 175.171; 183.001; 183.375; 183.41; 183.411; 183.42; 183.44; 183.465; 183.466; 183.54; 183.545; 183.62; 326B.956; 326B.958; 326B.964; 326B.966; 326B.982; 326B.986; 326B.998
History: 10 SR 1379; 12 SR 1148; 18 SR 614; 19 SR 591; 25 SR 992; L 2007 c 140 art 9 s 27; art 13 s 3,4

Minn. R. 5225.8700 Penalty

Boilers and boats subject to inspection under Minnesota Statutes, chapter 183, must be inspected at least annually. Pressure vessels must be inspected at least every two years except as provided under Minnesota Statutes, section 326B.96. An owner or chief operating engineer who fails to have an inspection in a timely manner shall pay to the division a penalty in the amount of $500 for each three-month period that passes until the inspection occurs.

History

Statutory Authority: MS s 175.171; 183.42; 183.44; 183.465; 183.466; 183.54; 326B.958; 326B.964; 326B.966; 326B.982
History: 19 SR 591; L 2007 c 140 art 9 s 27; art 13 s 4

Minn. R. 5225.9000 [Repealed, 19 SR 591]

[Repealed, 19 SR 591]

Chapter 5226 ELEVATOR PERMIT AND FEE REQUIREMENT

Minn. R. 5226.0100 [Repealed, L 2017 c 68 art 1 s 27]

[Repealed, L 2017 c 68 art 1 s 27]

Minn. R. 5226.0200 [Repealed, L 2017 c 68 art 1 s 27]

[Repealed, L 2017 c 68 art 1 s 27]

Minn. R. 5226.0300 [Repealed, L 2017 c 68 art 1 s 27]

[Repealed, L 2017 c 68 art 1 s 27]

Chapter 5227 LABOR EDUCATION ADVANCEMENT PROGRAMS

Minn. R. 5227.0100 Scope

Parts 5227.0100 to 5227.0130 govern the application process and criteria to be used in the selection of organizations to receive grants to operate labor education advancement programs.

History

Statutory Authority: MS s 175.171; L 1989 c 335 art 1 s 30 subd 7
History: 17 SR 1791

Minn. R. 5227.0110 Definitions

Subpart 1. Scope.

The terms used in parts 5227.0100 to 5227.0130 have the meanings given in this part.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Labor and Industry.

Subp. 3. Department.

"Department" means the Minnesota Department of Labor and Industry.

Subp. 4. Grantee.

"Grantee" means an organization that has applied for and received funding to operate a labor education advancement program.

Subp. 5. L.E.A.P.

"L.E.A.P." means a labor education advancement program.

History

Statutory Authority: MS s 175.171; L 1989 c 335 art 1 s 30 subd 7
History: 17 SR 1791

Minn. R. 5227.0120 Proposal Process

Subpart 1. Notification by commissioner.

To initiate the process for awarding grants for the operation of labor education advancement programs, the commissioner shall publish a notice requesting grant proposals in the State Register. Interested organizations must submit proposals to the commissioner. Proposals must be received by the commissioner by the deadline established in the notice.

Subp. 2. Proposals; requirements.

Proposals must be submitted in the form or format specified by the commissioner. A proposal must include the following information:

A. a chart of the applying organization that identifies:

B. identification of the geographic area for which services will be provided;

C. demographic data of the service area, including:

D. a budget plan itemizing details of estimated operating costs, sources of nonstate matching funds, and amount of state funding requested;

E. a program narrative outlining the organization's goals, objectives, and performance indicators;

F. evidence of the ability to deliver services, which may include:

G. assurances that the department or the state may conduct post-grant audits, and that the periodic performance and financial reports will be submitted promptly;

H. assurance that the applying organization has an effective equal employment policy; and

I. evidence of workers' compensation coverage as required by Minnesota law.

History

Statutory Authority: MS s 175.171; L 1989 c 335 art 1 s 30 subd 7
History: 17 SR 1791

Minn. R. 5227.0130 Evaluation of Proposal

The commissioner shall evaluate each proposal that is determined to be complete. The commissioner shall base the evaluation and any grants on the following factors:

A. the technical and economic feasibility of the proposed program;

B. the applicant's ability to implement the program in a timely manner upon receipt of the grant award;

C. the consistency of the proposal with department objectives and priorities;

D. the extent to which the proposal promotes equal employment opportunities in apprenticeable jobs;

E. the ability to obtain nonstate matching funds for L.E.A.P. operations;

F. the ability to develop employment contacts with employers, labor organizations, and state or governmental units;

G. the ability to develop and implement processes that will help noncollege bound youth obtain marketable job skills;

H. the applying organization's basic mission and objectives; and

I. the amount of funds available for the operation of labor education advancement programs.

History

Statutory Authority: MS s 175.171; L 1989 c 335 art 1 s 30 subd 7
History: 17 SR 1791

Chapter 5229 WORKERS' COMPENSATION; MISCELLANEOUS

Minn. R. 5229.0010 Definitions

Subpart 1. Collective bargaining agreement.

For the purposes of parts 5229.0010 to 5229.0060, "collective bargaining agreement" means a written agreement between one or more employers and the certified and exclusive representative of its employees as to the terms or conditions of employment. The agreement must be for a specified project or period of time and contains procedures for amending the terms and conditions of the agreement.

Subp. 2. Certified and exclusive representative.

For the purposes of parts 5229.0010 to 5229.0060, "certified and exclusive representative" means a labor organization that:

A. has entered into a collective bargaining agreement with an employer or group of employers;

B. is the exclusive bargaining representative for the employer's bargaining unit employees covered by the agreement; and

C. meets the criteria of a labor organization as defined by United States Code, title 29, chapter 11, subchapter I, section 402, subsection (i), Labor-Management Reporting and Disclosure Act, as amended through October 31, 1996.

History

Statutory Authority: MS s 176.1812
History: 21 SR 1246

Minn. R. 5229.0020 Filing of Agreement and Related Documents

Subpart 1. Request for recognition.

Every employer or employer group and labor representative proposing to establish any program permitted by Minnesota Statutes, section 176.1812, shall jointly file with the commissioner a request to recognize an agreement under parts 5229.0010 to 5229.0060. Recognition includes a determination by the commissioner of the eligibility of the parties to enter into the agreement and whether the agreement is in compliance with parts 5229.0010 to 5229.0060, and the benefit provisions of Minnesota Statutes, chapter 176.

Subp. 2. Required documents to be filed.

At the time of filing the original request for recognition, and annually thereafter if required in part 5229.0040, subpart 3, the employer or group of employers and the labor representative shall submit the following documents to the commissioner.

A. A copy of the fully signed underlying or master collective bargaining agreement and the approximate number of employees who will be covered by the agreement. The collective bargaining agreement shall be complete, including side letters and all appendices and other documents referred to in the agreement that relate to the program permitted by Minnesota Statutes, section 176.1812. This shall include but not be limited to the following if included in the agreement: trust documents; a description of how the alternative dispute resolution system will operate from the point a dispute arises through review or reconsideration by the court selected; a description of the manner in which the limited lists of health care providers, independent medical examiners, rehabilitation consultants, and retraining programs were compiled and the actual lists including names and addresses of the individuals and programs; and a description of the method of informing covered employees of the procedures applicable to them under the collectively bargained workers' compensation program. The documents submitted shall include a copy of the written materials used to inform the covered employees of the procedures in the program.

B. Evidence that the employer or each member of a group of employers meets all the criteria of parts 5229.0010 to 5229.0060, and Minnesota Statutes, section 176.1812.

C. Evidence that the employer or the group of employers shall, on behalf of its individual members, provide the data required by parts 5229.0010 to 5229.0060, and Minnesota Statutes, section 176.1812, subdivision 2.

D. If the request for recognition is on behalf of a group of employers, the group shall maintain records of its membership which include the approximate number of employees for each individual member of the group who is bound by the collective bargaining agreement. Copies of membership records shall be delivered to the commissioner on request. The request for recognition shall clearly identify each member in the group and shall state whether all the members of the group are bound by the agreement, or whether each member must individually agree to be bound.

Subp. 3. Additional information to be filed.

The following additional information shall be filed with the commissioner upon filing the original request for recognition, and annually thereafter as required in part 5229.0040, subpart 3:

A. name, address, and telephone number of the contact person for the employer or group of employers, and the resolution or other instrument conferring authority to that person to act on behalf of the employer or group of employers;

B. name, address, and telephone number of the contact person for the labor representative, and the resolution or other instrument conferring authority to that person to act on behalf of the labor representative;

C. a copy of the most recent Labor Organization Annual Report filing with the United States Department of Labor, along with a statement signed by the labor representative under penalty of perjury that the document is a true and correct copy;

D. if the employer or group of employers is insured under Minnesota Statutes, chapter 176, a copy of the certificate of insurance verifying coverage and a specific endorsement for coverage for a workers' compensation program authorized under Minnesota Statutes, section 176.1812 that was filed with the Department of Commerce; and

E. if the employer or group of employers is self insured under Minnesota Statutes, chapter 79A, a copy of the certificate to self insure of the employer or group of employers from the department of commerce.

History

Statutory Authority: MS s 176.1812
History: 21 SR 1246

Minn. R. 5229.0030 Review and Notification by Commissioner

Subpart 1. Commissioner's review of a request for recognition.

Within 21 days after receiving a request for recognition of a collective bargaining agreement, the commissioner shall either:

A. determine that all required information has been provided and so notify the parties; or

B. determine that additional information is necessary to complete the request for recognition and so notify the parties. If additional information is necessary, the commissioner's review of the request for recognition shall be suspended until the additional information is received.

Subp. 2. Commissioner's decision on a request for recognition.

Within 21 days after the date that the commissioner has determined that a request for recognition is complete, the commissioner shall either:

A. issue a letter of recognition; or

B. issue a letter of the commissioner's decision refusing recognition. If recognition is refused, the commissioner shall inform the parties of the reasons for the refusal. For good cause and upon written notice to the parties, the commissioner may extend the period for issuing letters of recognition or refusing recognition. The agreement is null and void from its purported effective date if the commissioner refuses recognition.

Subp. 3. Commissioner's letter of recognition.

The letter of recognition issued by the commissioner, based upon the review of all documents and materials submitted as required by the commissioner and parts 5229.0010 to 5229.0060, means the following:

A. the employer or group of employers and the labor representative meet the eligibility requirements of Minnesota Statutes, section 176.1812; and

B. the collectively bargained agreement for workers' compensation is in compliance with parts 5229.0010 to 5229.0060 and the benefit provisions of Minnesota Statutes, chapter 176.

Subp. 4. Effective dates of collectively bargained agreements.

A fully signed agreement is in effect on the date specified in the agreement as the effective date, however, no agreement shall be effective sooner than 15 days before the date that the commissioner received the request for recognition of the collectively bargained agreement. The commissioner's letter of recognition shall state the effective date.

Subp. 5. Agreements with effective dates prior to recognition.

In the case of agreements having effective dates prior to a request for recognition or prior to the issuance of a commissioner's decision on recognition, the parties to the agreement must provide all information requested by the commissioner within 14 days of the commissioner's request in order for the agreement to remain in effect. Failure to provide the information will result in a letter from the commissioner refusing recognition.

History

Statutory Authority: MS s 176.1812
History: 21 SR 1246

Minn. R. 5229.0040 Annual Data Reports and Documents

Subpart 1. Annual data reports.

On or before June 30 of each year, every employer or group of employers participating in a collectively bargained agreement to deliver workers' compensation benefits pursuant to Minnesota Statutes, section 176.1812, shall file a report with the commissioner. The report shall be on a form provided by the commissioner. The report must contain information concerning those employees covered by the collectively bargained workers' compensation program. Groups of employers shall report the aggregate information for all employers in the group.

Subp. 2. Data elements of reports.

The reports to be filed shall contain the following data elements for the preceding calendar year:

A. the dates during which the collectively bargained agreement was in effect;

B. the total number of person hours covered by the agreement;

C. payroll of covered employees, separated by insurance class code if the employer is not self-insured;

D. the number of claims filed during the year separated into denied claims, medical only claims, and indemnity claims;

E. the total paid and reserved losses or estimated incurred costs as of the end of the calendar year, separated into indemnity and medical benefits and other loss adjustment costs, for all claims receiving benefits during the reporting year. Separate totals shall be reported for new claims and for claims incurred during previous years which received benefits during the reporting year. The relevant number of claims for each benefit total shall also be reported;

F. the number of contested claims submitted to mediation, arbitration, the Workers' Compensation Court of Appeals, the Office of Administrative Hearings, the district court, the Minnesota Court of Appeals, or the Minnesota Supreme Court;

G. the number of contested claims resolved prior to mediation, arbitration, the Workers' Compensation Court of Appeals, the Office of Administrative Hearings, the district court, the Minnesota Court of Appeals, or the Minnesota Supreme Court;

H. the number of employees in vocational rehabilitation plans during the year; and

I. the number of employees in light duty programs during the year.

Subp. 3. Annual documents.

On or before June 30 of each year, every employer or group of employers and the labor representatives shall submit updated copies of the documents and other evidence required by parts 5229.0010 to 5229.0060, and Minnesota Statutes, section 176.1812. However, for documents and other evidence that are completely unchanged since the previous submission, the parties may instead submit a statement under penalty of perjury that there has been no change since the previous submission in the documents or evidence not being submitted. The commissioner may nonetheless require any party to submit the actual documents or evidence.

Subp. 4. Failure to file reports or documents.

If the parties have not submitted the annual data report or annual documents required by parts 5229.0010 to 5229.0060, the commissioner may after notice to the parties and after an opportunity for the parties to respond, initiate a contested case proceeding under Minnesota Statutes, chapter 14, to terminate recognition of a collective bargaining agreement for a workers' compensation program, or take such other steps deemed necessary to secure the parties' compliance with all reporting requirements.

History

Statutory Authority: MS s 176.1812
History: 21 SR 1246

Minn. R. 5229.0050 Termination of Recognition

Subpart 1. Complaints; investigation.

Complaints pertaining to violations of parts 5229.0010 to 5229.0060, or Minnesota Statutes, section 176.1812, by the operator or administrator of a collective bargaining agreement for a workers' compensation program shall be directed in writing to the commissioner. As a result of a written complaint or the department's monitoring of the workers' compensation program operations, the department shall investigate the alleged violation. The investigation may be referred to the fraud investigation unit pursuant to Minnesota Statutes, section 175.16, subdivision 2. The investigation may include, but shall not be limited to, request for and review of pertinent collectively bargained agreement plan records. If the investigation reveals reasonable cause to believe there has been a violation, the commissioner may notify the administrator of the alleged violation and allow them 15 days to correct the violation, or initiate a contested case proceeding under Minnesota Statutes, chapter 14, to terminate the recognition. In the event the commissioner elects to utilize the 15-day notice procedure and the violation is not resolved, then the contested case procedure for termination will be initiated.

Subp. 2. Criteria.

Under Minnesota Statutes, section 176.1812, subdivisions 2 and 4, the recognition of a collective bargaining agreement for a workers' compensation program issued by the commissioner shall be terminated if:

A. the program diminishes an employee's entitlement to benefits under Minnesota Statutes, chapter 176;

B. the program did not result from a collective bargaining agreement as defined in part 5229.0010, subpart 1;

C. the collective bargaining agreement is not between a qualified employer or qualified group of employers and the certified and exclusive representative of the employees; or

D. the employer is not engaged in construction, construction maintenance, and related activities.

Subp. 3. Effects.

The effective date for termination of recognition of the program under parts 5229.0010 to 5229.0060 or Minnesota Statutes, section 176.1812, is the date of the final order for termination. The sponsors of the collectively bargained agreement for a workers' compensation program may reapply for recognition after correcting the violations prompting the termination.

History

Statutory Authority: MS s 176.1812
History: 21 SR 1246

Minn. R. 5229.0060 Pilot Program Rules

Subpart 1. Pilot program rules.

The collective bargaining rules in parts 5229.0010 to 5229.0060 apply to every employer and labor representative participating in a collective bargaining agreement to deliver workers' compensation benefits under the pilot program established in Minnesota Statutes, section 176.1812, subdivision 6.

Subp. 2. Eligibility criteria for pilot program.

The pilot program is not limited to employers engaged in construction, construction maintenance, and related activities. In selecting parties requesting recognition under the pilot program, the commissioner shall consider the limitations in items A to C.

A. A group of employers may not participate in the pilot program.

B. The pilot program is limited to the first ten private employers and the first ten public employers that obtain a letter of recognition from the commissioner.

C. The dollar insurance premium limitations contained in Minnesota Statutes, section 176.1812, subdivision 1, do not apply to parties requesting recognition under the pilot program.

Subp. 3. Termination of pilot program.

The authorization for the pilot program ends on December 31, 2001, and therefore, unless extended by law, the collective bargaining agreements recognized as part of the pilot program shall also terminate on December 31, 2001.

History

Statutory Authority: MS s 176.1812
History: 21 SR 1246

Minn. R. 5229.0100 Definitions

Subpart 1. Scope.

For the purpose of parts 5229.0100 to 5229.0700, the following terms have the meanings given them.

Subp. 2. Administrator.

"Administrator" means the administrator of the apportionment arbitration process.

Subp. 3. Arbitrator.

"Arbitrator" means that person who makes the final determination in an arbitration under this chapter.

Subp. 4. Arbitration advisor.

"Arbitration advisor" means that person selected by a party to an arbitration under this chapter to offer advice and counsel to the arbitrator during the course of an arbitration.

Subp. 5. Employer/insurer.

"Employer/insurer" means an employer within the meaning of Minnesota Statutes, chapter 176, and that employer's insurer for workers' compensation liability and includes the special compensation fund when it is representing an uninsured employer. The term does not include a self-insured employer.

Subp. 6. Neutral physician.

"Neutral physician" means the physician who in the parties' or arbitrator's opinion will render an independent assessment on apportionment.

Subp. 7. Panel.

"Panel" means the arbitrator and the arbitration advisors, if any.

Subp. 8. Roster.

"Roster" means the list of those nominated to act as apportionment arbitrators under this chapter who meet the requirements and are nominated.

Subp. 9. Self-insured employer.

"Self-insured employer" means an employer within the meaning of Minnesota Statutes, chapter 176, that has been permitted to self-insure for workers' compensation liability pursuant to Minnesota Statutes, section 176.181, subdivision 2.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0200 Purpose

This chapter is intended to set forth the procedure for the arbitration of issues of equitable apportionment of liability for workers' compensation benefits, as defined by Minnesota Statutes, section 176.191, subdivisions 1a and 5; to provide a process for selecting arbitrators; and to provide a general rule of presumptive apportionment.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0300 Scope

Minnesota Statutes, section 176.191, subdivision 1a, provides that equitable apportionment of liability for an injury is no longer allowed except:

A. in a settlement agreement filed pursuant to Minnesota Statutes, section 176.521; and

B. when an employer or insurer requests arbitration of equitable apportionment under Minnesota Statutes, section 176.191, subdivision 5. This chapter applies where equitable apportionment is sought but the parties have not been able to reach the agreement described in item A. This chapter applies solely to arbitration of claims by self-insured employers or employer/insurers under Minnesota Statutes, section 176.191, subdivisions 1a and 5, including when the sole issue is a claim for partial or total contribution towards, or reimbursement of workers' compensation benefits against, one or more self-insured employers or employer/insurers. As set forth in Minnesota Statutes, section 176.191, subdivision 1a, the arbitration proceeding is for the limited purpose of apportioning liability for workers' compensation benefits payable, when liability for workers' compensation has been admitted by or adjudicated against the claiming self-insured employer or employer/insurer. Minnesota Statutes, section 176.191, subdivision 1a, provides that it is not to be interpreted to repeal or in any way affect the law with respect to the special compensation fund statutory liability or benefits. When disputed, fund liability under Minnesota Statutes, sections 176.131 and 176.132, is to be determined by workers' compensation judges and fund issues will be decided in proceedings over which they preside. These arbitration proceedings cannot bind the fund to more liability than that which was found by a judge. A self-insured employer or employer/insurer cannot request reimbursement from the special compensation fund that would exceed what has been ordered by the compensation judge at the Office of Administrative Hearings.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0350 Presumptive Rule of Equitable Apportionment

The presumptive rule of equitable apportionment under this chapter is that the parties and the arbitrator, in making the decision, must be guided by parts 5229.0100 to 5229.0700; Minnesota Statutes, section 176.191, subdivisions 1a and 5; and workers' compensation case law on the issue.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0400 Nomination and Qualifications of Arbitrators

Subpart 1. Nomination.

Workers' compensation insurers, self-insured employers who administer their own claims, and third-party administrators for self-insured employers may annually nominate individuals to the roster. Self-nomination is not allowed. Additional nominations will be closed on April 17, 1996, and will be reopened every year from March 18 to April 17.

Subp. 2. Qualifications.

Members of the roster must have a minimum of five years of technical claims handling in Minnesota workers' compensation or five years of legal experience in Minnesota workers' compensation. The administrator must verify that all persons nominated meet the qualifications.

Subp. 3. Membership on roster.

Each qualified nominee who is willing to participate must be included in membership on the roster.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0410 Administrator

Subpart 1. Selection.

The commissioner of the Department of Labor and Industry, in consultation with representatives of three workers' compensation insurers and one self-insured employer, must select an entity to act as administrator of the apportionment arbitration process. As set forth in parts 5229.0100 to 5229.0700, the administrator must facilitate the selection of arbitrators and the expeditious resolution of the equitable apportionment issues.

Subp. 2. Record keeping.

The administrator must keep a record of all arbitration proceedings, including copies of the documents submitted by the parties, the names of the arbitration panel, and a copy of the final arbitration order.

Subp. 3. Term.

The term of the contract for the administrator must not exceed three years.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0420 Selection and Composition of Arbitration Panel

Subpart 1. Composition.

An arbitration under this chapter must be heard by a panel consisting of the arbitrator and, if the parties agree they are needed, one arbitration advisor for each party to the dispute.

Subp. 2. Selection of arbitrator.

The arbitrator must be selected by the following process:

A. Within ten days of receiving a request for arbitration of apportionment, the administrator must, by lot and excluding anyone on the roster who is an employee of any party to the dispute, select the names of persons to hear the arbitration from the roster and submit those names to the parties to the dispute.

B. The number of names submitted to the parties must be equal to the number of parties to the arbitration, plus one.

C. Beginning with the party on the list for the earliest date of injury, each party must, within ten days, submit the name of a person whom that party wishes to strike from the list. The party with the next earliest date must then submit the name it wishes to strike, and so forth, until one name remains on the list.

D. The individual remaining on the list is the arbitrator until the dispute is resolved.

E. If the arbitrator is unable to complete the arbitration, the administrator must choose another arbitrator as provided in this subpart.

Subp. 3. Selection of arbitration advisors.

If the parties have agreed that they are needed, each party to the arbitration may select an individual to act as an arbitration advisor for the period of the dispute.

Subp. 4. Notification of parties.

When the arbitrator has been determined and, when the parties have agreed that they are needed, when each of the arbitration advisors has been named, the administrator must notify all parties to the arbitration of the names included on the panel.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0500 Procedure for Initiation of Arbitration

Subpart 1. Request for arbitration.

The arbitration process must be initiated by the filing of a request for arbitration of an apportionment issue with the administrator by an aggrieved self-insured employer or employer/insurer, but shall be permitted only when the requesting party has met the requirements of Minnesota Statutes, section 176.191, subdivision 5.

A. A request must be made on a form approved by the administrator, which must include the names of the self-insured employers or employer/insurers among which equitable apportionment is sought or from which contribution or reimbursement is sought, the name and social security number of the employee, and the dates of the relevant injury or injuries.

B. The request for arbitration must be accompanied by:

C. The requesting party must provide the administrator with copies of the request and supporting documents for the arbitrator, for each arbitration advisor, and for the administrator's records.

D. The requesting party must, at the same time as filing the request, serve copies of the request and all attached documents on each self-insured employer or employer/insurer from which equitable apportionment is sought, as well as the employee and the employee's attorney, if any.

Subp. 2. Determining arbitration panel.

Upon receipt of the request for arbitration and after ascertaining that the requirements of Minnesota Statutes, section 176.191, subdivision 5, have been met, the administrator must start the process under part 5229.0420 for determining the panel to hear the arbitration. When the panel is determined, the administrator must notify the arbitrator and forward copies of the request and documents to the members of the panel.

Subp. 3. Responses to arbitration request.

Within 90 days of the administrator's receipt of a copy of the arbitration request and supporting documents, each party among which equitable apportionment is sought or from which contribution or reimbursement is sought must submit to the administrator its response to the arbitration request.

A. Responses must include:

B. The responding party must provide the administrator with copies of the response and supporting documents for the arbitrator, for each arbitration advisor, and for the administrator's records. The administrator shall forward a copy of the response and supporting documents to each party.

C. When the 90-day period following the arbitration request has passed, or when the panel is determined, whichever is later, the administrator must forward the responsive documents to the members of the panel.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0600 Arbitrator

Subpart 1. Powers of arbitrator.

The arbitrator for a particular case has sole authority to determine whether the matter will be heard upon oral argument, whether extensions of time are warranted, or whether further information is required on the files and from the parties. The arbitrator also has sole authority to determine the appropriate resolution of the matter, within the scope of parts 5229.0100 to 5229.0700, and to order payment according to the apportionment decision. The arbitrator has the power of subpoena of the commissioner of the Department of Labor and Industry and of an arbitrator under Minnesota Statutes, section 572.14, paragraph (a), to obtain information necessary to a determination of this equitable apportionment dispute.

Subp. 2. Arbitration advisor's role.

The role of an arbitration advisor is solely to explain and clarify the positions of the parties and advise the arbitrator as to the relevant facts and, if the arbitration advisor is a licensed attorney, also as to the applicable law. An arbitration advisor has no power to make the final determination and, if the arbitration advisor is not a licensed attorney, shall not advise the arbitrator in any manner constituting the unauthorized practice of law.

Subp. 3. Binding effect.

The determination of the arbitrator is final and binding on the parties in accordance with Minnesota Statutes, section 176.191, subdivision 5, and may be vacated only in accordance with Minnesota Statutes, chapter 572, the Uniform Arbitration Act.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Minn. R. 5229.0700 Arbitration Procedure

Subpart 1. Nature of hearing.

Upon consideration of the requests of the parties and the facts and evidence presented, the arbitrator shall determine if the matter will be heard orally or be considered by the panel solely on the written evidence.

A. The determination as to whether the matter will be heard orally or solely upon the written submissions must be made within 30 days of the date of submission of the last timely response.

B. The arbitrator shall determine the time and place for oral argument or the meeting of the arbitration panel, upon consultation with the parties and panel members.

C. Unless extraordinary circumstances require otherwise, the first oral argument or first meeting of the panel must take place within 60 days of the date for final submission of the response.

Subp. 2. Submission of additional materials.

If, upon review of the materials submitted by the parties, the arbitrator determines that further evidentiary materials are required, the arbitrator may order the parties to submit these materials and may set a date by which these materials must be submitted. In no case may the deadline for submission of additional evidence be greater than 90 days from the arbitrator's order to submit materials.

Subp. 3. Determination on written evidence.

If the arbitrator concludes that the matter should be determined solely on the written evidence submitted, the arbitrator must notify the arbitration advisors, if any, of the date, time, and place of the first meeting, and the panel shall meet as needed.

Subp. 4. Oral hearings.

If the arbitrator determines that an oral hearing is required, the arbitrator shall notify the parties, the panel, and the employee and the employee's attorney, if any, of the date, time, and place of the hearing.

A. Unless otherwise agreed to by the parties, the panel must consider all relevant evidence and is not bound by the formal rules of evidence.

B. The arbitrator must determine if more than one day of hearing is required.

C. If more than one day of hearing is required, the panel may meet one or more times following the completion of the hearing to discuss the evidence presented.

D. At the cost of the party requesting the recording, oral proceedings may be recorded by a court reporter. Nothing said by an employee may be used in any other proceeding under Minnesota Statutes, chapter 176.

Subp. 5. Neutral physician.

Following the conclusion of oral argument, if any, or the final meeting of the panel, the arbitrator may promptly render a decision in accordance with subpart 6, or may first render a determination on the facts of the case and submit those facts to a neutral physician for an apportionment opinion. The arbitrator will notify the neutral physician of the number of days within which the opinion must be received in order to be used and, therefore, payable. The last oral argument or meeting of the panel, or review of the neutral physician's opinion by the panel if that opinion was sought, must occur within 60 days of the first oral argument or meeting of the panel unless extraordinary circumstances require otherwise.

A. The costs of obtaining the apportionment opinion of the neutral physician must be borne on a pro rata basis by the parties in accordance with the apportionment decision and subpart 6.

B. The neutral physician must be determined:

C. Following the rendering of the opinion of the neutral physician, the arbitration panel must review the opinion. If additional oral testimony is required, the arbitrator may order further oral argument.

Subp. 6. Decision.

The arbitrator must issue a written decision on the equitable apportionment arbitration within 30 days of the final oral argument or final meeting of the panel, or if the opinion of a neutral physician was sought, within 30 days of review of that opinion by the panel. In any event, a final decision must be issued within 240 days of the request for arbitration. The arbitrator is not bound by the opinion of the neutral physician. In the event of a default by any party, the arbitrator shall make a decision based on the evidence submitted. Disputed issues of fact are determined by a preponderance of the evidence. The written decision must include:

A. a statement of the facts as determined by the arbitrator;

B. the apportionment decision;

C. the application of the apportionment decision;

D. a brief explanation of the basis for the decision;

E. an order requiring the parties to make pro rata payment of arbitration costs and fees in accordance with the apportionment decision, including reimbursement by the parties of their apportioned share of the arbitration administration fee or any other costs or fees, to any party that initially paid the costs or fees. As provided in Minnesota Statutes, section 176.191, subdivision 5, expenses of witnesses, including the employee, are a cost of the arbitration. Each party shall pay its own attorney fees for the arbitration, except any employee attorney fee under Minnesota Statutes, section 176.191, subdivision 8, which is a cost or fee of the arbitration; and

F. any other information as the case merits.

Subp. 7. Enforcement.

Enforcement of the arbitrator's decision under this chapter must be as set forth for an arbitrator's decision under the Uniform Arbitration Act in Minnesota Statutes, chapter 572.

History

Statutory Authority: MS s 175.17; 175.171; 176.191; 176.83
History: 20 SR 2286

Chapter 5231 HIGH PRESSURE PIPING

Minn. R. 5231.0030 Qualifications and Duties of Inspectors

Inspectors shall be responsible for the fulfillment of their duties, which shall include the following:

A. They shall report to the secretary of the council or the department all violations of the law or Code of Minimum Standards, with recommendation for action on such violations.

B. They shall inspect the installation of all high pressure piping and appurtenances when requested or when deemed advisable to determine if such installation meets code requirements. They shall also inspect high pressure piping underground and overhead or in any building at any time to determine the safety operations of such piping and appurtenances.

C. They shall at all times be alert in ascertaining whether persons engaging in the business or occupation of high pressure piping are complying with the provisions of the registration act and Code of Minimum Standards, and especially as to whether or not such persons are licensed.

D. They shall be thoroughly conversant with all provisions of the registration act, the Code of Minimum Standards, and these rules.

E. They shall at all times be courteous in the conduct of their duties and shall acquaint the persons engaged in the business of high pressure piping with the provisions of the registration act and Code of Minimum Standards.

F. They shall be furnished with a badge or certificate of identification and shall display the same whenever requested when on duty.

G. They shall refrain from debating any question of disputes where violations are found, but shall be empowered to inform violators of the provisions of the code.

H. They shall not divulge any of their opinions or findings pertaining to their duties as inspectors to any person not connected with the Division of Pipefitting Standards unless instructed to do so by their superior officers, nor shall they divulge to the public any matters of a private nature in the possession of the division.

I. They shall not have authority to start any action or legal proceeding pertaining to the enforcement of the registration act or Code of Minimum Standards unless instructed by their superior officers to do so.

J. They shall have authority to give notice to installers or the property owner by attaching a tag to the piping or equipment advising that the piping installation does not meet the Minnesota code requirements or that it was installed by persons not licensed to make such installation and that the equipment shall not be put into operation until the law and code are complied with and the tag removed by an authorized person.

History

Statutory Authority: MS s 175.171; 326.48; 326B.921
History: 14 SR 1877; L 2007 c 140 art 10 s 11; art 13 s 4

Minn. R. 5231.0040 Permit Payment Alternatives

The department shall make the following alternatives available for payment of permit applications:

A. a lump-sum payment at the time the permit application is submitted to the department;

B. quarterly payments based on the actual cost of labor and materials incurred that quarter to construct or install the power piping, anhydrous ammonia, or ammonia refrigeration systems; and

C. an annual payment based on the actual cost of labor and materials incurred to construct or install the power piping, anhydrous ammonia, or ammonia refrigeration systems. This payment method is only available under those circumstances where a licensed high pressure piping business does continuous high pressure piping work at a single work site. A log of work completed, with the cost of labor and materials, shall be maintained and provided to the department at inspection and with final payment. A nonrefundable $300 payment shall be made, in addition to the application filing fee, to the department when requesting this permit payment alternative. The department shall not accept any applications for permits from any parties that are in arrears on their permit payments. The department shall revoke any approved permit where payments are 60 days in arrears.

History

Statutory Authority: MS s 16A.128; 16A.1285; 175.171; 183.44; 183.545; 326.46 to 326.521; 326B.90 to 326B.925; 326B.986
History: 9 SR 2008; 12 SR 1148; 15 SR 2492; 18 SR 31; 21 SR 1245; 25 SR 992; L 2007 c 140 art 9 s 27; art 10 s 11; art 13 s 3,4

Chapter 7511 FIRE CODE

Minn. R. 7511.0010 Purpose

The purpose of this chapter is to adopt uniform fire safety standards consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

History

Statutory Authority: MS s 299F.011
History: 32 SR 10

Minn. R. 7511.0020 Scope

The scope of this chapter is intended to be consistent with Minnesota Statutes, section 299F.011.

History

Statutory Authority: MS s 299F.011
History: 32 SR 10

Minn. R. 7511.0090 Codes and Standards Incorporated by Reference

Subpart 1. International Fire Code.

For purposes of this chapter, "IFC" means the 2018 edition of the International Fire Code as promulgated by the International Code Council, Inc., Washington, D.C. The IFC is incorporated by reference and made a part of Minnesota Rules pursuant to statutory authority, subject to the alterations and amendments in this chapter. Portions of this chapter reproduce text and tables from the IFC. The IFC is not subject to frequent change and is available at the office of the commissioner of the Department of Labor and Industry and at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155. The IFC is copyright 2017 by the International Code Council, Inc. All rights reserved.

Subp. 2.

[Repealed, 40 SR 1437]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 36 SR 1479; 40 SR 1437; 44 SR 610

Minn. R. 7511.0101 Section 101, General

Subpart 1. IFC Section 101.1.

IFC Section 101.1 is amended to read:

101.1 Title. This code shall be known as the Minnesota State Fire Code, may be cited as such, and will be referred to herein as "Fire Code" or "this code."

Subp. 2. IFC Section 101.

IFC Section 101 is amended by adding sections to read:

101.6 Local government amendments to Chapter 1. Any jurisdiction that adopts this code is authorized to make amendments to Chapter 1 of this code to provide a system for enforcement and administration within the jurisdiction. These amendments shall be equal to, in addition to, or more stringent than this code. None of the existing provisions of Chapter 1 shall be changed nor shall any amendment be made that interferes with the intent of the existing provisions nor the state fire marshal's duties and powers thereunder.

101.6.1 Local government rules. Any jurisdiction that adopts this code is authorized to adopt rules for the prevention and control of fires and fire hazards as may be necessary from time to time, to carry out the intent of this code, and that may be more restrictive than this code when the rules are necessary to protect life or property in the community. The governing body may adopt this code by ordinance. One certified copy of the ordinance containing the rules shall be filed with the clerk of the jurisdiction and shall be in effect immediately thereafter, and additional copies shall be kept in the office of the fire department for distribution to the public.

History

Statutory Authority: MS s 299F.011
History: 32 SR 10

Minn. R. 7511.0102 Section 102, Applicability

Subpart 1. IFC section 102.1.

IFC section 102.1 is amended, and sections added, to read:

102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

Structures, facilities, and conditions arising after the adoption of this code.
Existing structures, facilities, and conditions when identified in specific sections of this code.
Existing structures, facilities, and conditions that, in the opinion of the code official, constitute a distinct hazard to life and property.

102.1.1 Existing building features - application. Existing construction and design features that exceed the requirements for existing structures or facilities but are equal to or less than the requirements for new structures or facilities shall not be further diminished. Existing construction and design features that exceed the requirements for new structures or facilities are allowed to be removed. (See Section 901.6 concerning maintenance of fire protection systems.)

Subp. 2. IFC section 102.2.

IFC section 102.2 is amended by adding a section to read:

102.2.1 Operational provisions - defined. The operational provisions of this code are those operations defined in Sections 105.6.1 through 105.6.50.

Subp. 3. IFC section 102.7.3.

IFC section 102.7 is amended by adding a section to read:

102.7.3 References to ICC codes. The references to the codes and standards promulgated by the International Code Council (listed under ICC in Chapter 80) are modified as follows:

Wherever this code references the ICC Electrical Code, it means the Electrical Code, Minnesota Rules, chapter 1315.
Wherever this code references the International Building Code, it means the Minnesota Building Code, Minnesota Rules, chapter 1305.
Wherever this code references the International Fuel Gas Code, it means the Minnesota Mechanical Code, Minnesota Rules, chapter 1346.
Wherever this code references the International Mechanical Code, it means the Minnesota Mechanical Code, Minnesota Rules, chapter 1346.
Wherever this code references the International Plumbing Code, it means the Minnesota Plumbing Code, Minnesota Rules, chapter 4714.
Wherever this code references the International Residential Code, it means the Minnesota Residential Code, Minnesota Rules, chapter 1309.
Wherever this code references the International Existing Building Code, it means the Minnesota Conservation Code for Existing Buildings, Minnesota Rules, chapter 1311.

Subp. 4. IFC section 102.

IFC section 102 is amended by adding sections to read:

102.13 Standards for existing Group I occupancies. The provisions of protection in existing Group I-2 occupancies, and in existing Group I-3 occupancies used as detention and correctional facilities, shall be in accordance with the applicable provisions of the Life Safety Code, ANSI/NFPA 101, referred to as Standard No. 101, published by the National Fire Protection Association (Quincy, Massachusetts, 2012). Standard No. 101 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

Construction provisions of Standard No. 101 that are more restrictive than those found in the Building Code shall not be applicable. For the purposes of Section 102.13, construction provisions shall include those relating to type of construction, automatic fire-extinguishing and standpipe systems, fire alarm and detection systems, vertical opening protection, escape windows, exits, smoke barriers, accessibility for persons with disabilities, and hazardous area separations.

102.13.1 Standard 101 modified. Sections 23.3.7 through 23.3.7.3 of Standard No. 101 are deleted.

102.14 Mixed occupancies. Where a building is occupied for two or more uses not included in the same occupancy, the building or portion thereof shall be classified as a mixed occupancy. The mixed occupancy shall be further classified as either nonseparated uses or separated uses according to the Building Code. Areas of Group H shall only be as separated uses as permitted by the Building Code.

102.14.1 Separated uses. Each portion of the building shall be individually classified as to use. Each fire area shall comply with the Fire Code based on the use of that space. Provisions for egress between different occupancies shall be in accordance with Chapter 10.

102.14.2 Nonseparated uses. Each portion of the building shall be individually classified as to use. The most restrictive provisions of the Fire Code shall apply to the nonseparated uses. Provisions for egress between different occupancies shall be in accordance with Chapter 10.

History

Statutory Authority: MS s 299F.011; 326B.02
History: L 2005 c 56 s 2; 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 40 SR 71; 40 SR 1437; 44 SR 610

Minn. R. 7511.0104 Section 104, General Authority and Responsibilities

IFC section 104.9 is amended by adding sections to read:

104.9.3 Performance-based fire and life safety design. The code official is authorized to approve performance-based fire and life safety designs where the code official finds that the proposed design has been conducted by an approved method. Approved performance-based designs shall be deemed as evidence of compliance with the intent of this code. Approvals under the authority herein contained shall be subject to the approval of the building code official whenever the design involves matters regulated by the Building Code. Sections 104.9.3.1 through 104.9.3.4 shall apply to performance-based designs.

104.9.3.1 Goals, objectives and acceptance criteria. Design goals, objectives and performance criteria shall be approved by the code official prior to the submission of a performance-based design report, calculations or analysis results. As a minimum, an approved performance-based design shall address the following objectives: life safety of occupants, firefighter safety, property protection, continuity of operations and safeguarding of the environment.

104.9.3.2 Peer review. To determine the acceptability of the performance-based design, the code official is authorized to request technical assistance in accordance with Section 104.7.2.

104.9.3.3 Engineer of record. Performance-based designs shall be prepared by, and bear the stamp of, a licensed design professional competent in the area of work. The design professional shall provide written confirmation to the code official before a certificate of occupancy is issued that the performance-based design has been properly implemented, that the operation or use of the building is within the limitations of the design and that adequate controls are in place to maintain compliance with the conditions of the design throughout the life of the building.

104.9.3.4 Annual recertification of performance-based design. Where a performance-based design has been approved and used, the property owner shall annually certify that the design features and systems have been maintained in accordance with the approved original performance-based design and assumptions and any subsequent approved changes or modifications to the original performance-based design.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0105 Section 105, Permits

IFC section 105.7.21 is deleted.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.0106 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.0108 [Renumbered 7511.0109]

[Renumbered 7511.0109]

Minn. R. 7511.0109 [Renumbered 7511.0110]

[Renumbered 7511.0110]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 44 SR 610

Minn. R. 7511.0110 Section 110, Violations

IFC section 110.4 is amended to read:

110.4 Violation penalties. A person who violates a provision of this code shall be guilty of a misdemeanor.

(Subsection 110.4.1 remains unchanged.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0201 Section 201, General

IFC section 201.4 is amended to read:

201.4 Terms not defined. When terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The Merriam-Webster Collegiate Dictionary, available on the Internet at www.merriam-webster.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 44 SR 610

Minn. R. 7511.0202 Section 202, General Definitions

IFC section 202 is amended by adding or amending definitions to read:

ADULT DAY CARE CENTER OR ADULT DAY SERVICES CENTER. A facility, licensed by the Department of Human Services under Minnesota Rules, parts 9555.9600 to 9555.9730, that provides a program of adult day care services to functionally impaired adults for periods of less than 24 hours per day in a setting other than a participant's home or the residence of the facility's operator.

AERIAL LUMINARIES. Aerial luminaries, sky lanterns, and similar devices are an unmanned type of balloon made from lightweight materials, which require a flame, candle, fuel cell, or other open flame to develop lift and propel them. When released, there is no way to control the flight path, altitude, or landing area.

AMBULATORY CARE FACILITY. Buildings or portions of buildings used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation by the services provided. For the purposes of this chapter, federally certified end-stage renal disease facilities (kidney dialysis facilities) located on the level of exit discharge shall not be considered ambulatory care facilities.

AISLE. That portion of an exit that connects an aisle accessway to an exit access doorway, corridor, or an exit.

APPROVED. "Approved" means approval by the fire code official, pursuant to the Minnesota State Fire Code, by reason of:

A. inspection, investigation, or testing;

B. accepted principles;

C. computer simulations;

D. research reports; or

E. testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

AUTHORITY HAVING JURISDICTION. Any municipal fire code official serving within their appointed jurisdiction or the state fire marshal or any of their authorized representatives.

AUTOMOTIVE MOTOR-FUEL-DISPENSING FACILITY. That portion of property where flammable or combustible liquids or gases used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. For purposes of this definition, a motor vehicle is any self-propelled vehicle that: (1) conveys an operator, such as an automobile, truck, motorcycle, recreational vehicle, camper, all-terrain vehicle, snowmobile, lawn care vehicle, tractor, or dozer; and (2) is used for personal, commercial, recreational, maintenance, or construction purposes.

BUILDING CODE. The Minnesota Building Code, Minnesota Rules, chapter 1305.

CARE FACILITY. Occupancies used as care facilities shall be classified into the occupancy group category identified in the following table.

Table 202.1

Care Facility Classifications

1 "School age" means the age of a "school-age child" as defined in Minnesota Statutes 2018, section 245A.02, subdivision 16.

CHIEF. See FIRE CHIEF.

CORRIDOR. An interior passageway having a length at least three times its width, having walls, partitions, or other obstructions to exit travel over 6 feet (1,829 mm) in height on two opposing sides and having openings from rooms or similar spaces.

DECORATIVE MATERIALS. Combustible materials used for decorative effects such as curtains; draperies; streamers; surface coverings applied over building interior finishes for decorative, acoustical, or other effect; cloth; cotton batting; paper; plastics; vegetation; hay; split bamboo; straw; vines; leaves; trees; moss; and similar materials used for decorative effect. Decorative materials do not include educational materials that are displayed in an approved manner, ordinary window shades, floor coverings, interior finish materials used as surface coverings (See Chapter 8 for regulations of such materials) and materials 1/28 inch (0.9 mm) or less in thickness applied directly to a noncombustible backing.

FAMILY ADULT DAY SERVICES. A program providing services for up to eight functionally impaired adults for less than 24 hours per day in the license holder's primary residence in accordance with Minnesota Statutes, section 245A.143. This includes programs located in residences licensed by the Department of Human Services for adult foster care, provided not more than eight adults, excluding staff, are present in the residence at any time.

FAMILY DAY CARE HOME. A residence, licensed by the Department of Human Services under Minnesota Rules, parts 9502.0315 to 9502.0445, in which no more than ten children at any one time receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day.

FIRE CHIEF. The chief officer of the fire department serving the jurisdiction or the chief's authorized representatives.

FIRE CODE OFFICIAL. The state fire marshal, the state fire marshal's authorized representative, fire chief, fire department representatives authorized by the fire chief, or other authority specifically designated by ordinance or regulation that is charged with the administration and enforcement of the code. The appointing authority shall ensure that the fire code official is competent by virtue of certification as a fire inspector, training, or experience in fire prevention inspections and enforcement.

FIRE DEPARTMENT. A regularly organized fire department, fire protection district, or fire company regularly charged with the responsibility of providing firefighting or fire protection services to the state or a political subdivision.

FLEET VEHICLE MOTOR-FUEL-DISPENSING FACILITY. That portion of a commercial, industrial, governmental, or manufacturing property where liquids used as fuels are stored and dispensed into the fuel tanks of motor vehicles that are used in connection with such businesses, by persons within the employ of such businesses. For purposes of this definition, a motor vehicle is any self-propelled vehicle that: (1) conveys an operator, such as an automobile, truck, motorcycle, recreational vehicle, camper, all-terrain vehicle, snowmobile, lawn care vehicle, tractor, or dozer; and (2) is used for personal, commercial, recreational, maintenance, or construction purposes.

GENERAL EVACUATION SIGNAL. "General evacuation signal" means a fire alarm occupant notification system in accordance with Section 907.5.

GROUP DAY CARE HOME. A residence, licensed by the Department of Human Services under Minnesota Rules, parts 9502.0315 to 9502.0445, in which at least 11 but not more than 14 children receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day.

GUEST ROOM. A room or a group of rooms used or intended to be used for purposes of lodging by guests.

INTERMEDIATE BULK CONTAINER. A storage container meeting the requirements of and containing products authorized by the United States Department of Transportation Hazardous Materials Regulations, Code of Federal Regulations, title 49, or by Part 6 of the United Nations Recommendations on the Transport of Dangerous Goods for classes 31H1, 31H2, and 31HZ1.

INTERNATIONAL BUILDING CODE (IBC). The Minnesota Building Code, Minnesota Rules, chapter 1305.

INTERNATIONAL FUEL GAS CODE. The Minnesota Mechanical Code, Minnesota Rules, parts 1346.5050 to 1346.6014.

INTERNATIONAL MECHANICAL CODE. The Minnesota Mechanical Code, Minnesota Rules, parts 1346.0050 to 1346.1606.

INTERNATIONAL RESIDENTIAL CODE (IRC). The Minnesota Residential Code, Minnesota Rules, chapter 1309.

MECHANICAL CODE. The Minnesota Mechanical Code, Minnesota Rules, parts 1346.0050 to 1346.1606.

MINNESOTA BUILDING CODE. Minnesota Rules, chapter 1305.

MINNESOTA MECHANICAL CODE. Minnesota Rules, parts 1346.0050 to 1346.1606.

MINNESOTA RESIDENTIAL CODE. Minnesota Rules, chapter 1309.

MUNICIPALITY. Any statutory or home rule charter city, county, or town meeting the requirements of Minnesota Statutes, section 368.01, subdivision 1, the University of Minnesota, or the state for public buildings.

NFPA. National Fire Protection Association.

OCCUPANCY CLASSIFICATION. Except as modified by this part, for the purposes of this code, certain occupancies and uses are defined. All other subdefinitions in the IFC definition of "occupancy classification" that are not modified in this definition still apply:

Institutional Group I.

Group I-1. This occupancy shall include buildings, structures, or portions thereof for more than 16 persons who reside, on a 24-hour basis, in a supervised environment and receive custodial care services. Examples of this group include the following:

Alcohol and drug centers

Assisted living

Boarding care homes

Congregate care facilities

Convalescent facilities

Group homes

Halfway houses

Housing with services establishment

Residential board and care facilities

Social rehabilitation facilities

Supervised living facilities Class A-2

Occupancy conditions. Buildings of Group I-1 shall be classified as one of the following conditions:

Condition 1. This occupancy condition includes buildings in which all persons receiving custodial care, without any assistance, are capable of responding to an emergency situation to complete building evacuation.

Condition 2. This occupancy condition includes buildings in which there are any persons receiving custodial care who require limited verbal or physical assistance while responding to an emergency situation to complete building evacuation.

Six to 16 persons receiving custodial care. A facility housing at least six and not more than 16 persons receiving custodial care, all of whom are capable of self-preservation, shall be classified as Group R-4, Condition 1.

Five or fewer persons receiving custodial care. A facility with five or fewer persons receiving custodial care shall be classified as Group R-3.

Group I-2. This occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation. Examples of this group include the following:

Detoxification facilities

Foster care facilities

Hospitals

Nursing homes

Psychiatric hospitals

Supervised living facilities Class B-3

Occupancy conditions. Buildings of Group I-2 shall be classified as one of the following occupancy conditions:

Condition 1. This occupancy condition includes facilities that provide nursing and medical care but do not provide emergency care, surgery, obstetrics, or in-patient stabilization units for psychiatric or detoxification, including but not limited to nursing homes and foster care facilities.

Condition 2. This occupancy condition includes facilities that provide nursing and medical care and could provide emergency care, surgery, obstetrics, or in-patient stabilization units for psychiatric or detoxification, including but not limited to hospitals.

Five or fewer persons receiving care. A facility with five or fewer persons receiving care consistent with Group I-2 occupancies shall be classified as Group R-3.

Group I-4, Day care and day services facilities. This group includes buildings and structures occupied by more than five persons of any age who receive custodial care for less than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage, or adoption, and in a place other than the home of the person receiving care. This group shall include, but not be limited to, the following:

Adult day services

Child day care

Classification as Group E. Day care and day services uses are classified as Group E occupancies in accordance with the following:

Adult day services centers serving only persons capable of self-preservation. Adult day services centers serving only persons who, without assistance, are capable of self-preservation under emergency conditions are classified as Group E.

Adult day services centers serving both persons capable and persons not capable of self-preservation. Adult day services centers are classified as Group E where all of the following conditions apply:

At least one person served but not more than 50 percent of persons served require assistance with self-preservation under emergency conditions.
The rooms in which the adults are cared for are located on the level of exit discharge serving such rooms, with all exits discharging directly to grade without intervening stairs. Each exit discharge shall provide an accessible route, without stairs, to the public way or safe dispersal area in accordance with the exception to Section 1028.5.
The day services center is protected with an automatic fire alarm system consisting of automatic smoke detection in all corridors and at the top of all stairways, and automatic fire detection in boiler and furnace rooms, kitchens, storage rooms, custodial closets, laundry and soiled linen rooms, and other hazardous areas.
The center shall demonstrate the ability to evacuate the entire population of the center within three minutes.

Child day care. A child day care facility shall be classified as Group E where all of the following conditions apply:

The facility provides care for more than five but not more than 100 children 2-1/2 years of age or less.
The rooms in which the children are cared for are located on the level of exit discharge serving such rooms.
Each room providing day care has an exit door directly to the exterior.

Within a place of religious worship. Rooms and spaces within places of religious worship providing such care during religious functions shall be classified as part of the primary occupancy.

Five or fewer occupants receiving care. A facility having five or fewer persons receiving custodial care shall be classified as part of the primary occupancy.

Five or fewer occupants receiving care in a dwelling unit. Adult day services or child day care within a dwelling unit and having five or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy. Where the adult day services or child day care is located in a one- or two-family dwelling or townhouse, the dwelling: (1) shall be constructed in accordance with either the Building Code or the Minnesota Residential Code; and (2) shall be equipped with an automatic sprinkler system when required by Section 903.2.8.

Residential Group R.

Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I.

Exception: Group R-3 and R-4 occupancies located in a one- or two-family dwelling or townhouse and classified as a "dwelling unit" in Table 202.1: (1) shall be constructed in accordance with either the Building Code or the Minnesota Residential Code; and (2) shall be equipped with an automatic sprinkler system when required by Section 903.2.8.

Residential occupancies shall be classified according to the following:

Residential Group R-1. Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses (transient) with more than ten occupants

Congregate living facilities (transient) with more than ten occupants

Hotels (transient)

Lodging houses with six or more guest rooms or more than ten occupants

Motels (transient)

Residential Group R-2. Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Apartment houses

Congregate living facilities (nontransient) with more than sixteen occupants

Boarding houses

Convents

Dormitories

Fraternities and sororities

Monasteries

Hotels (not transient)

Motels (not transient)

Vacation time-share properties

Residential Group R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4, or I, including:

Assisted living

Buildings that do not contain more than two dwelling units

Boarding care homes

Care facilities that provide accommodations for five or fewer persons receiving care

Congregate living facilities (nontransient) with 16 or fewer occupants

Boarding houses (nontransient)

Dormitories

Fraternities and sororities

Convents

Monasteries

Congregate living facilities (transient) with ten or fewer occupants

Boarding houses (transient)

Dwelling units (two or fewer) in mixed occupancy buildings

Family adult foster home

Foster care

Housing with services establishment

Lodging houses (transient) with five or fewer guest rooms and 10 or fewer occupants

Residential hospice with five or fewer occupants

Lodging houses. Owner-occupied lodging houses with five or fewer guest rooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the Minnesota Residential Code.

Residential Group R-4. This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. This group shall include the following:

Alcohol and drug centers

Assisted living

Boarding care homes

Congregate care facilities

Group homes

Halfway houses

Housing with services establishment (including those that provide assisted living)

Residential board and care facilities

Residential hospice with twelve or fewer occupants

Social rehabilitation facilities

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code.

Occupancy conditions. Buildings of Group R-4 shall be classified as one of the following occupancy conditions:

OUTPATIENT CLINIC. Buildings or portions thereof used to provide medical care on a less than 24-hour basis to persons who are not rendered incapable of self-preservation by the services provided, including federally certified end-stage renal disease facilities (kidney dialysis facilities) not classified as an ambulatory care facility.

PERFORMANCE-BASED DESIGN. An engineering approach to design elements of a building based on agreed-upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives using accepted engineering tools, methodologies, and performance criteria.

POWER TAP. A device that is connected to an electrical receptacle, has built-in overcurrent protection and allows connection of one or more electrical plugs to supply electricity to other devices and equipment.

REQUIRED BY THE FIRE CHIEF. Determined by the fire chief to be directly related to safeguarding life and property from the hazards of fire, and uniform for each class or kind of building, structure, or property covered.

RESIDENTIAL HOSPICE FACILITY. A facility located in a residential area that directly provides 24-hour residential and support services in a home-like setting for not more than 12 persons who have been diagnosed as terminally ill with a probable life expectancy of under one year.

ROOM. A space or area bounded by any obstructions over 6 feet in height which at any time enclose more than 80 percent of the perimeter of the area. In computing the unobstructed perimeter, openings less than 3 feet in clear width and less than 6 feet 8 inches high shall not be considered. Aisles and corridors shall not be construed to form rooms.

SMALL HOSE CONNECTION. "Small hose connection" means a 1-1/2-inch (38 mm) connection supplied inside of a building for firefighting overhaul operations in sprinkler-protected structures.

STANDPIPE SYSTEM, CLASSES OF. "Classes of standpipe system" means the following:

Class I system. "Class I system" means a system providing 2-1/2 inch (64 mm) and 1-1/2 inch (38 mm) hose connections to supply water for use by fire departments and those trained in handling heavy fire streams.

Class II system. "Class II system" means a system providing 1-1/2 inch (38 mm) hose stations to supply water for use primarily by the building occupants or by the fire department during initial response.

STATE FIRE MARSHAL. The Minnesota state fire marshal or the state fire marshal's authorized representatives.

SUPERVISED LIVING FACILITY. A facility in which supervision, lodging, meals, and, in accordance with the rules of the Department of Human Services and the Department of Health, counseling and developmental habilitative or rehabilitative services are provided to persons who are chemically dependent, adult mentally ill, or physically or developmentally disabled.

Class A-1 supervised living facility. A supervised living facility for six or fewer ambulatory or mobile disabled persons who are capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class A-2 supervised living facility. A supervised living facility for more than six ambulatory or mobile disabled persons who are capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class B-1 supervised living facility. A supervised living facility for six or fewer ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class B-2 supervised living facility. A supervised living facility for seven to 16 ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class B-3 supervised living facility. A supervised living facility for 17 or more ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

History

Statutory Authority: MS s 299F.011; 326B.02
History: L 2005 c 56 s 2; 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 40 SR 1437; 44 SR 610

Minn. R. 7511.0304 Section 304, Combustible Waste Material

Subpart 1. IFC section 304.3.2.

IFC section 304.3.2 is deleted.

Subp. 2. IFC section 304.3.4.

IFC section 304.3.4 is deleted.

Subp. 3. IFC section 304.

IFC section 304 is amended by adding a section to read:

304.4 Clothes dryers. Clothes dryers and their exhaust systems shall be cleaned as necessary to keep lint traps, exhaust ducts, and mechanical and heating components free from excessive lint accumulation.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0307 Section 307, Open Burning and Recreational Fires

Subpart 1. IFC sections 307.1 through 307.2.1 and 307.4 through 307.4.1.

IFC sections 307.1 through 307.2.1 and IFC sections 307.4 through 307.4.1 are deleted.

Subp. 2. IFC section 307.3.

IFC section 307.3 is amended to read as follows:

307.3 Extinguishment authority. When open burning, a recreational fire or a portable outdoor fireplace creates or adds to a hazardous situation, or a required permit has not been obtained, the fire code official is authorized to order extinguishment.

Subp. 3. IFC section 307.4.3.

IFC section 307.4.3 is amended by deleting the exception.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0308 Section 308, Open Flames

Subpart 1. IFC section 308.1.4.

IFC section 308.1.4 is deleted.

Subp. 2.

[Repealed, 44 SR 610]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0315 Section 315, General Storage

Subpart 1. IFC section 315.3.1.

IFC section 315.3.1 is amended to read:

315.3.1 Ceiling clearance. Storage shall be maintained 2 feet (610 mm) or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches (457 mm) below sprinkler head deflectors in sprinklered areas of buildings. Where more restrictive clearances between sprinkler head deflectors and storage are required by the sprinkler listing or NFPA 13, the more restrictive clearances shall apply.

Exceptions:

The 2-foot (610 mm) ceiling clearance is not required for storage along walls in nonsprinklered areas of buildings.
The 18-inch (457 mm) ceiling clearance is not required for storage along walls in areas of buildings equipped with an automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

Subp. 2. IFC section 315.3.3.

IFC section 315.3.3 is amended, and sections added, to read:

315.3.3 Equipment rooms. Combustible storage in boiler rooms, mechanical rooms, electrical equipment rooms and elevator equipment rooms shall be in accordance with Sections 315.3.3.1 through 315.3.3.4. Storage not in conformance with these sections shall be removed or the condition abated. For purposes of Sections 315.3.3.1 through 315.3.3.4, storage does not include materials necessary for the construction, maintenance, or operation of the equipment.

315.3.3.1 Mechanical equipment, boiler, and furnace rooms. Storage in mechanical equipment rooms, boiler rooms, and furnace rooms shall be neat and orderly and arranged to provide immediate access to equipment. Clearances between equipment and storage shall be at least 36 inches, or as required by the manufacturer, whichever is greater. When in the opinion of the code official, the type, amount, arrangement, or location of storage creates a hazard, the code official is authorized to order its removal.

315.3.3.2 Electrical vaults and equipment rooms. Electrical vaults and rooms or areas solely dedicated to main electrical distribution equipment shall not contain storage.

315.3.3.3 Elevator equipment rooms. No combustible storage or any other type of storage shall be allowed in elevator equipment rooms or elevator machine rooms.

315.3.3.4 Shafts. No combustible storage shall be allowed in mechanical rooms such as penthouses with shafts open to multiple floors.

Subp. 3. IFC section 315.7.5.

IFC section 315.7.5 is deleted.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0316 [Renumbered 7511.0319]

[Renumbered 7511.0319]

Minn. R. 7511.0318 Section 318, Laundry Carts

IFC section 318 is deleted in its entirety.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.0319 [Renumbered 7511.0320]

[Renumbered 7511.0320]

Minn. R. 7511.0320 Section 320, Clearance of Vegetation from Structures

IFC chapter 3 is amended by adding a section to read:

SECTION 320

CLEARANCE OF VEGETATION FROM STRUCTURES

320.1 General. Land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon the land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion, shall comply with Section 320.2.

320.2 Fire breaks. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, upon, or adjoining land covered with grass, grain, brush, or forest, and persons owning, leasing, or controlling land adjacent to such buildings or structures, shall comply at all times with all of the following requirements:

Maintain an effective fire break by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9,144 mm) of such buildings or structures.

Exception: Single specimens of trees, ornamental shrubbery, or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.

Maintain additional fire protection or firebreak by removing brush, flammable vegetation, and combustible growth located from 30 feet to 100 feet (9,144 mm to 30, 480 mm) from such buildings or structures, when required by the fire chief because of extrahazardous conditions causing a firebreak of only 30 feet (9,144 mm) to be insufficient to provide reasonable fire safety.

Exception: Grass and other vegetation located more than 30 feet (9,144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

Remove portions of trees that extend within 10 feet (3,048 mm) of the outlet of a chimney.
Maintain trees adjacent to or overhanging a building free of deadwood.
Maintain the roof of a structure free of leaves, needles, or other dead vegetative growth.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0321 Section 321, Covered Mall Buildings

Subpart 1.

[Repealed, 44 SR 610]

Subp. 2.

[Repealed, 44 SR 610]

Subp. 3. IFC section 321.

IFC chapter 3 is amended by adding a section and subsections to read as follows:

SECTION 321

COVERED MALL BUILDINGS

321.1 Egress. The minimum egress width in covered mall buildings shall be maintained in conformance with the Building Code.

321.2 Kiosks. Kiosks and similar structures, whether temporary or permanent, located in covered mall buildings shall be constructed, protected, and located in conformance with the Building Code.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 44 SR 610

Minn. R. 7511.0401 Section 401, Unplanned Evacuation

IFC section 401.7 is deleted.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.0403 Section 403, Emergency Preparedness Requirements

IFC section 403.10.3.5 is deleted.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0405 Section 405, Emergency Evacuation Drills

IFC Section 405.7 is amended by adding an exception to read:

Exception: In Group A and R-1 occupancies where only employees are required to participate in drills as specified in Table 405.2.

History

Statutory Authority: MS s 299F.011
History: 32 SR 10

Minn. R. 7511.0408 [Renumbered 7511.0321]

[Renumbered 7511.0321]

Minn. R. 7511.0503 Section 503, Fire Apparatus Access Roads

Subpart 1. IFC section 503.1.1.

IFC section 503.1.1 is amended to read as follows:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: Fire apparatus access roads need not be provided where there are two or fewer Group R-3 or Group U occupancy buildings.

503.1.1.1 Increases allowed. The 150-foot distance shall be permitted to be increased for the following:

When the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.
For Group R occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the fire apparatus access road shall extend to within 600 feet (183 m).
Where fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades, or other similar conditions, and an approved alternative means of fire protection is provided, the fire apparatus access road shall extend to within 300 feet (91.4 m).

Subp. 2. IFC section 503.2.1.

IFC section 503.2.1 is amended by adding an exception as follows:

Exception: Where the road serves Group R buildings that are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.1.1, 903.1.2, or 903.1.3, the minimum unobstructed width can be reduced to 16 feet (4,877 mm).

Subp. 3. IFC section 503.2.5.

IFC section 503.2.5 is amended by adding an exception as follows:

Exception: Where the dead-end road serves Group R buildings that are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the maximum dead-end length distance is permitted to be increased up to 300 feet (91.4 m).

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.0506 Section 506, Key Boxes

IFC section 506.1 is amended to read:

506.1 Where required. Where access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.

Exception: One- and two-family dwellings need not be provided with lock boxes.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.0507 Section 507, Fire Protection Water Supplies

Subpart 1. IFC section 507.3.

IFC section 507.3 is amended and sections added to read:

507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method. If no municipal water supply exists, the minimum water flow and duration requirements for new buildings, portions of buildings hereafter constructed, or buildings moved into or within the jurisdiction shall be as specified in Table 507.3.

507.3.1 Fire flow for Group R-3 or Group U occupancies. No minimum fire flows are required for Group R-3 occupancies or Group U occupancies with less than 5,000 square feet of floor area (465 m2).

TABLE 507.3

MINIMUM FIRE FLOW REQUIREMENTS

[Note 1: Light, ordinary, and extra hazard are as defined in NFPA 13, Standard for the Installation of Automatic Sprinkler Systems.]

[Note 2: In sprinklered buildings, when a fixed water supply is used for the sprinklers, the hose stream available for fire department need not come from the fixed source (i.e. tank).]

Subp. 2. IFC section 507.5.1.

IFC section 507.5.1 is amended to read:

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

For Group R-3 and Group U occupancies, the distance requirement shall be 400 feet (122 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the threshold for requiring on site fire hydrants and mains shall be increased to 400 feet (122 m).
For Group R-3 buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the threshold for requiring on site fire hydrants and mains shall be increased to 600 feet (183 m).

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0508 [Renumbered 7511.0507, subp 2]

[Renumbered 7511.0507, subp 2]

Minn. R. 7511.0510 Section 510, Emergency Responder Radio Coverage

IFC section 510 is deleted entirely.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.0601 Section 601, General

IFC section 601.2 is amended to read as follows:

601.2 Permits. Permits shall be obtained for refrigeration systems and battery systems, as set forth in Sections 105.6 and 105.7.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.0603 Section 603, Fuel-Fired Appliances

Subpart 1. IFC section 603.5.

IFC section 603.5 is amended, and sections added, to read:

603.5 Heating appliances. Heating appliances shall be listed and shall comply with this section.

Exception: Unlisted appliances may be installed where permitted by the fire code official, provided clearance from combustibles is maintained in accordance with the Mechanical Code.

603.5.1 Guard against contact. The heating element or combustion chamber shall be permanently guarded so as to prevent accidental contact by persons or material.

603.5.2 Heating appliance installation and maintenance. Heating appliances shall be installed and maintained in accordance with the manufacturer's instructions and the Minnesota State Building Code.

603.5.3 Heating appliance clearance to combustible materials. Clearances between heat-producing appliances and combustibles shall be in accordance with this section. Where specific manufacturer's instructions or listings allow a reduction from the distances specified in this section, those distances are allowed. Clearance reductions permitted by the Mechanical Code are allowed.

603.5.3.1 Gas or fuel-oil heaters. A minimum of 18 inches (457 mm) shall be maintained between gas or fuel-oil heat-producing appliances and combustible materials.

603.5.3.2 Solid fuel-burning heaters. A minimum of 36 inches (914 mm) shall be maintained between solid fuel-burning appliances and combustible materials.

Subp. 2. IFC section 603.8.

IFC section 603.8 and all subsections are deleted.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0604 Section 604, Electrical Equipment, Wiring, and Hazards

Subpart 1. IFC section 604.10.4.

IFC section 604.10.4 is deleted.

Subp. 2.

[Repealed, 44 SR 610]

Subp. 3.

[Repealed, 44 SR 610]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0605 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.0606 Section 606, Elevator Operation, Maintenance, and Fire Service Keys

IFC section 606.2.3 is amended to read as follows:

606.2.3 Two or more elevators. Where two or more elevators are controlled by a common operating system, all elevators shall automatically transfer to standby power within 60 seconds after failure of normal power where the standby power source is of sufficient capacity to operate all elevators at the same time. Where the standby power source is not of sufficient capacity to operate all elevators at the same time, the elevators shall operate according to ASME A17.1/CSA B44-2016 Section 2.27.2.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0607 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0610 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 44 SR 610

Minn. R. 7511.0611 [Renumbered 7511.0610]

[Renumbered 7511.0610]

Minn. R. 7511.0701 Section 701, General

IFC section 701.1 is amended by adding an exception to read:

Exception: This exception applies to the following elements that exceed the requirements for new structures or facilities: existing fire-resistance-rated construction, existing construction to resist the passage of smoke, and existing opening protectives. When approved by the fire code official: (1) maintenance of these elements is not required; and (2) removal of these elements is permitted as long as any decommissioned equipment is clearly labeled as such.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0704 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.0705 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0706 Section 706, Duct and Air Transfer Openings

IFC section 706.1 is amended by adding an exception to read:

Exception: When approved by the fire code official, periodic testing and inspection in accordance with NFPA 80 and NFPA 105 is not required for inaccessible fire dampers, inaccessible smoke dampers, and inaccessible combination fire and smoke dampers. Inaccessible fire dampers, inaccessible smoke dampers, and inaccessible combination fire and smoke dampers shall be maintained in accordance with NFPA 80 and NFPA 105 and repaired or replaced where damaged or defective.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.0801 Section 801, General

IFC Section 801.1 is amended by adding a section to read:

801.1.1 Newly installed interior finish. Newly installed interior floor, wall and ceiling finishes shall be in accordance with the Building Code.

History

Statutory Authority: MS s 299F.011
History: 32 SR 10

Minn. R. 7511.0806 Section 806, Decorative Vegetation in New and Existing Buildings

IFC section 806.1 and its subsections are deleted entirely and replaced with the following:

806.1 Natural cut trees and natural decorative vegetation. Natural cut trees and natural decorative vegetation shall comply with Sections 806.1.1 through 806.1.4.

806.1.1 Natural or resin-bearing trees. The use, display, or storage of natural or resin-bearing trees for use or decoration inside buildings shall be in accordance with Sections 806.1.1.1 through 806.1.1.5.

806.1.1.1 Group R occupancies. The use and display of natural or resin-bearing trees inside dwelling units of Group R-2 and R-3 occupancies is permitted.

806.1.1.2 Sprinkler protected areas. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 are permitted in all occupancies except Group I and ambulatory care facilities.

806.1.1.3 Where allowed. Trees without open flames or electric lights are allowed in Group A used for worship purposes, Group B, E, and M occupancies.

806.1.1.4 Restricted. Trees used inside buildings for other occupancies or conditions are not allowed.

806.1.1.5 Location. The use and display of natural or resin-bearing trees shall not be placed in a location that would obstruct egress, fire protection systems and equipment, and shall not be allowed to accumulate inside a building. In buildings where more than one tree is located, they shall be separated by at least 20 feet as measured from the tree branches.

806.1.2 Support devices. The support device that holds the tree in an upright position shall be of a type that is stable and that meets all of the following criteria:

The device shall hold the tree securely and be of adequate size to avoid tipping over of the tree.
The device shall be capable of containing a minimum two-day supply of water.
The water level, when full, shall cover the tree stem at least 2 inches (51 mm). The water level shall be maintained above the fresh cut and checked at least once daily.

806.1.3 Dryness. The tree shall be removed from the building whenever the needles or leaves fall off readily when a tree branch is shaken or if the needles are brittle and break when bent between the thumb and index finger. The tree shall be checked daily for dryness.

806.1.4 Decorative natural vegetation. The use, display, or storage of wreaths, hay bales, corn stalks, and other cut natural decorative vegetation shall be in accordance with Sections 806.1.4.1 through 806.1.4.4.

806.1.4.1 Occupancies. Limited quantities of cut natural decorative vegetation shall be permitted where the fire code official determines that adequate safeguards are provided based on the quantity and nature of the combustible vegetation.

806.1.4.2 Group I occupancies. Cut, natural, decorative vegetation is not permitted in Group I occupancies.

806.1.4.3 Group M occupancies. The use and display of decorative natural vegetation for resale in Group M occupancies is permitted.

806.1.4.4 Location. The use and display of cut natural decorative vegetation shall not obstruct aisles, egress, or exit paths, block access to fire protection systems or equipment, and shall not accumulate inside a building.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.0807 Section 807, Decorative Materials and Artificial Decorative Vegetation in New and Existing Buildings

Subpart 1. IFC section 807.2.

IFC section 807.2 is amended and a subsection is added to read as follows:

807.2 Combustible decorative materials. In dormitories in Group R-2 and in Groups A, B, E, I, M, and R-1, curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall comply with Section 807.3 and shall not exceed 20 percent of the specific wall or ceiling area to which such materials are attached.

Exceptions:

In auditoriums in Group A, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall not exceed 75 percent of the aggregate wall area where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 and where the material is installed in accordance with IBC Section 803.15.
In existing Group A occupancies, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall not be limited where such materials comply with Section 807.3.
In Group R-2 dormitories, within sleeping units and dwelling units, the permissible amount of curtains, draperies, fabric hangings, and similar decorative materials suspended from walls or ceilings shall not exceed 50 percent of the aggregate wall areas where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.
In Group A, B, E, and M occupancies, the amount of combustible fabric partitions suspended from the ceiling and not supported by the floor shall comply with Section 807.3 and shall not be limited.
The 20 percent limit shall not apply to curtains, draperies, fabric hangings, and similar combustible decorative materials used as window coverings.

807.2.1 Fixed or movable walls and partitions, paneling, and wall pads and crash pads. Fixed or movable walls and partitions, paneling, wall pads and crash pads applied structurally or for decoration, acoustical correction, surface insulation, or other purposes covering more than 10 percent of the wall or ceiling area shall be considered interior finish, shall comply with Section 803, and shall not be considered to be decorative materials or furnishings.

Exception: In existing buildings, fixed or movable walls and partitions, paneling, wall pads and crash pads applied structurally or for decoration, acoustical correction, surface insulation, or other purposes shall not be considered interior finish unless covering more than 20 percent of the wall or ceiling area, provided the room or area is protected with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.

Subp. 2.

[Repealed, 44 SR 610]

Subp. 3. IFC section 807.5.2.1.

IFC section 807.5.2.1 is amended by modifying exceptions 1 and 2 to read as follows:

Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, provided the minimum required egress width is maintained.
Buildings provided with an approved fire alarm system and equipped with corridor smoke detection, provided the minimum required egress width is maintained.

(Exception 3 still applies)

Subp. 3a. IFC section 807.5.2.2.

IFC section 807.5.2.2 is amended by adding an exception to read:

Exception: Artwork and teaching materials shall not exceed 50 percent of the wall area when the building is protected throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

Subp. 3b. IFC section 807.5.2.3.

IFC section 807.5.2.3 is amended to read:

807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent of the total aggregate wall area of the room.

Subp. 3c. IFC section 807.5.3.4.

IFC section 807.5.3.4 is amended to read as follows:

807.5.3.4 Other areas in Groups I-1 and I-2. In Groups I-1 and I-2 occupancies, in areas not equipped throughout with an approved automatic sprinkler system, combustible decorations shall be prohibited unless one or more of the following criteria are met:

the decorations are flame-retardant or are treated with approved fire-retardant coating that is listed and labeled for application to the material to which it is applied;
the decorations meet the requirements of NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films;
the decorations exhibit a heat release rate not exceeding 100 kW when tested in accordance with NFPA 289, Standard Method of Fire Test for Individual Fuel Packages, using the 20 kW ignition source; or
decorations, such as photographs and paintings, are in such limited quantities that a hazard of fire development or spread is not present.

Subp. 4. IFC Section 807.5.5.1.

IFC Section 807.5.5.1 is amended by modifying exceptions 1 and 2 to read as follows:

Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, provided the minimum required egress width is maintained.
Buildings provided with an approved fire alarm system and equipped with corridor smoke detection, provided the minimum required egress width is maintained.

(Exception 3 still applies)

Subp. 5. IFC section 807.5.5.2.

IFC section 807.5.5.2 is amended by adding an exception to read as follows:

Subp. 6.

[Renumbered subp 3c]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0901 Section 901, General

Subpart 1. IFC section 901.6.1.

IFC section 901.6.1 is amended by adding an exception to read:

Exception: Fire alarm and water-based automatic fire-extinguishing systems shall be inspected and tested annually. Inspections and testing shall be conducted in accordance with the procedures specified in the referenced standards listed in Table 901.6.1. As part of the annual inspections covered under this exception, all weekly, monthly, quarterly, semiannual, and annual inspections, tests, and maintenance requirements in the listed standards shall be conducted and any problems observed shall be noted.

Subp. 2. IFC section 901.11.

IFC section 901 is amended by adding sections to read:

901.11 Fire sprinklers and fire detectors - ceilings. In buildings protected by automatic sprinklers or automatic fire detectors, suspended or removable ceiling tiles shall be maintained in place to prevent the delay in sprinkler or detector activation.

Exception: When additional sprinklers or detectors are installed in the space above the suspended ceiling.

901.11.1 Open-grid ceilings. Open-grid ceilings shall not be installed beneath sprinklers.

Exception: Open-grid ceilings are allowed when the requirements of NFPA 13 for open-grid ceilings are met.

901.11.2 Drop-out ceilings. Drop-out ceilings shall be permitted to be installed beneath sprinklers when all requirements of NFPA 13 for drop-out ceilings have been met.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0903 Section 903, Automatic Sprinkler Systems

Subpart 1.

[Renumbered subp 1a]

Subpart 1. IFC section 903.2.3.

IFC section 903.2.3 is amended to read as follows:

903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

Throughout all Group E fire areas greater than 12,000 square feet (1,115 m2) in area.
Whenever the Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Whenever the Group E fire area has an occupant load of 300 or more.

Subp. 1a. IFC section 903.2.8.

IFC section 903.2.8 and its subsections are amended to read as follows:

903.2.8 Group R. An automatic sprinkler system shall be installed throughout all buildings with a Group R fire area in accordance with Section 903.3.

Exceptions:

A Group R-1, R-2, or combined R-1 and R-2 building where less than 4,500 square feet of the building area consists of R-1 fire area, R-2 fire area, or a combination of R-1 and R-2 fire areas.
A Group R-3 dwelling unit with less than 4,500 square feet of building area, excluding garages, unless the Group R-3 dwelling unit contains a state licensed care facility that is required to be provided with an automatic sprinkler system as a condition of the license.
An automatic fire sprinkler system shall not be required if additions or alterations are made to existing Group R-3 or R-4 buildings or a portion thereof that do not have an automatic sprinkler system installed, unless required by a Minnesota license.
Group R-1 multiunit resort buildings, as defined in Minnesota Statutes, section 157.15, and licensed by the Department of Health, with less than 9,250 square feet of building area.

903.2.8.1 Group R-3. Where required by Section 903.2.8, Group R-3 occupancies shall be provided with an automatic sprinkler system that complies with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

903.2.8.2 Group R-4. Where required by Section 903.2.8, Group R-4 occupancies shall be provided with an automatic sprinkler system that complies with Section 903.3.1.1 or 903.3.1.2.

Exception: Group R-4 Condition 1 occupancies equipped with an automatic sprinkler system that complies with Section 903.3.1.3.

903.2.8.3 State licensed facilities. Group R-3 or R-4 occupancies containing facilities licensed by Minnesota shall be provided with an automatic sprinkler system as required by the applicable licensing provisions or this section, whichever is more restrictive.

Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 is permitted if all habitable spaces and closets are protected by an automatic sprinkler system.

Subp. 1b. IFC section 903.2.9.

IFC section 903.2.9 is amended and a subsection added to read as follows:

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

A Group S-1 fire area exceeds 12,000 square feet (1,115 m2).
A Group S-1 fire area is located more than three stories above grade plane.
The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2).
A Group S-1 fire area is used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).

(Subsections 903.2.9.1 and 903.2.9.2 remain unchanged.)

Exception: Self-service storage facilities (mini-storage) no greater than one story above grade plane where all storage spaces can be accessed directly from the exterior.

Subp. 2. IFC section 903.2.11.4.

IFC section 903.2.11.4 is amended by deleting the section in its entirety and replacing it with the following:

903.2.11.4 Fire protection for exhaust systems. Where required by the Minnesota Mechanical Code, automatic sprinklers shall be provided in ducts having a cross-sectional area of 75 square inches (480 cm2) or more and that: (1) convey flammable or combustible components; or (2) have the potential for combustible residue buildup on the inside. When sprinkler protection is installed, means shall be provided to prevent water accumulation in the duct and the flow of water back to a process where the application of water constitutes a serious life or fire hazard.

Subp. 2a. IFC section 903.3.1.

IFC section 903.3.1 is amended as follows:

903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.l, unless otherwise permitted by Sections 903.3.1.2 and 903.3.1.3 and other chapters of this code, as applicable. Automatic sprinkler systems installed in state-licensed or state-registered facilities shall be installed in accordance with this code and the applicable licensing or registration provisions of other Minnesota state agencies.

Subp. 2b. IFC section 903.3.1.1.1.

IFC section 903.3.1.1.1 is amended by adding a new item 7 to the list of exempt locations to read as follows:

Sprinkler protection shall not be installed in elevator shafts, elevator pits, or elevator machine rooms.

Exception to #7: Health care occupancies that: (1) are required to have NFPA 13 systems; (2) are licensed by the Minnesota Department of Health; and (3) participate in Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

Subp. 3. IFC Section 903.3.1.2.1.

IFC Section 903.3.1.2.1 is amended to read:

903.3.1.2.1 Protection of decks and balconies. Decks and balconies greater than 6 feet (1.8 m) above grade, greater than 4 feet (1.2 m) deep, with an area greater than 40 square feet (3.72 m2), and attached to new Group R-1 or R-2 occupancy buildings protected in accordance with Section 903.3.1.2 that are three or more stories in height and with 30 or more units, shall be protected with sprinklers under the balcony or deck framing and under attic eaves when both of the following two conditions exist:

the building has an unsprinklered attic; and
the building has combustible siding.

Subp. 4. IFC section 903.3.1.

IFC section 903.3.1 is amended by adding sections to read:

chemistry labs; or
wrestling rooms or gymnastic rooms.

903.3.1.6 Modifications to sprinkler standards. The sprinkler installation standards as referenced in Sections 903.3.1.1, 903.3.1.2, and 903.3.1.3 are modified as follows:

903.3.1.6.2 Elevator shafts and equipment. Sprinkler protection shall not be installed in elevator shafts, elevator pits, or elevator machine rooms.

Exception: Health care occupancies that: (1) are required to have NFPA 13 systems; (2) are licensed by the Minnesota Department of Health; and (3) participate in Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

903.3.1.6.4 NFPA 13 modifications. Sections 8.15.8.2, 8.17.2.5, and 23.2.1.1 of NFPA 13 are amended to read:

8.15.8.2 Linen closets and pantries. Sprinklers are not required in linen closets and pantries within dwelling units that meet the following conditions:

the area of the space does not exceed 12 square feet (1.1 m2);
the least dimension does not exceed 3 feet (0.9 m);
the walls and materials are surfaced with noncombustible or limited combustible materials; and
the closet or pantry contains no mechanical equipment, electrical equipment, or electrical appliances.

8.17.2.5 Valves.

8.17.2.5.1 Fire department connection. A listed check valve shall be installed in each fire department connection.

8.17.2.5.1.1 Maximum pipe length. There shall be a maximum of 25 feet (7.6 m) of pipe between the check valve and the fire department connection inlet.

Exception: This maximum shall not apply to the check valve serving a free-standing fire department connection.

8.17.2.5.1.2 Check valve location. The check valve shall be located to minimize freezing potential.

23.2.1.1 Water supply capacity information. Where a waterflow test is used for the purposes of system design, the test shall be conducted no more than 36 months prior to the working plan submittal.

903.3.1.6.5 Vestibules. Sprinkler protection is not required in vestibules that meet all of the following conditions:

the vestibule is 225 square feet or less in floor area;
the vestibule is of noncombustible or limited combustible construction;
the vestibule has glazing allowing vision into vestibule;
the vestibule's only purpose is ingress and egress; and
the vestibule contains no fueled equipment, flammable or combustible liquids, or furniture. Incidental combustible storage in the vestibule is limited to five cubic feet of material.

903.3.1.6.6 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in townhouses and Groups R-3 and R-4, Condition 1 occupancies shall be permitted to be installed throughout in accordance with NFPA 13D. Attached garages in townhouse buildings are required to have one dry head sprinkler located within 5 linear feet of each door installed in the common wall separating the dwelling unit and the attached garage.

Subp. 4a. IFC section 903.3.9.

IFC section 903.3 is amended by adding a section to read:

903.3.9 Sprinkler system design pressure safety margin. For new sprinkler systems or additions to existing sprinkler systems, the available water supply shall exceed the sprinkler system demand, including the hose stream requirements, by 5 psi (0.34 bars) or more.

Exception: NFPA 13D systems installed in accordance with Section 903.3.1.3.

Subp. 5.

[Repealed, 44 SR 610]

Subp. 6. IFC Section 903.4.

IFC Section 903.4 is amended by adding an exception to read:

For existing sprinkler systems, monitoring is required when the number of sprinklers is 100 or more.

Subp. 6a. IFC section 903.4.2.

IFC section 903.4.2 is amended to read as follows:

Subp. 7. IFC Section 903.4.4.

IFC Section 903.4 is amended by adding a section to read:

903.4.4 Valve security. All valves controlling water supplies for automatic sprinklers shall be locked or secured in the open position.

Exception: Valves located in a room or space when access is limited to essential personnel only.

Subp. 8.

[Repealed, 40 SR 1437]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 36 SR 1479; 40 SR 1437; 44 SR 610

Minn. R. 7511.0904 Section 904, Alternative Automatic Fire-Extinguishing Systems

Subpart 1. IFC section 904.1.1.

IFC section 904.1.1 is amended to read:

904.1.1 Certification of service personnel for fire-extinguishing equipment. Service personnel installing, providing, or conducting maintenance on automatic fire-extinguishing systems, other than automatic sprinkler systems, shall possess a valid certificate issued by an approved organization for the type of system and work performed.

Subp. 2. IFC section 904.13.

IFC section 904.13, item 3, is amended to read as follows:

In Group R-2 congregate living facilities where domestic cooking facilities are installed in accordance with Section 420.10 of the Minnesota Building Code.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0905 Section 905, Standpipe Systems

Subpart 1. IFC section 905.2.

IFC section 905.2 is amended by adding subsections to read:

905.2.1 Modification to standards. In buildings other than high rise that are equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, and a Class I standpipe system, the pipe shall be sized to meet the pressure and flow requirements for the sprinkler system. Such systems shall comply with Sections 905.2.1.1 through 905.2.1.4.

905.2.1.1 System pipe size. Pipe sizes for combined portions of the sprinkler and standpipe systems shall not be less than 4 inches (101.6 mm).

905.2.1.2 System design flow and pressure. The standpipe shall provide a minimum pressure of 100 psi (6.9 bar) at the uppermost outlet and a minimum flow rate of 250 gpm (946 L/min.) at the two hydraulically most remote hose connections on the standpipe when the standpipe system is supported through the fire department connection. The hydraulic calculations shall be performed between the hydraulically most demanding standpipe hose connection and the fire department connection.

905.2.1.3 Design pressure. A maximum design pressure of 150 psi (10.3 bars) is permitted at the fire department connection when the standpipe is supported by local fire department apparatus.

Subp. 1a. IFC section 905.3.

IFC section 905.3 is amended to read as follows:

905.3 Required installations. Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.10. Standpipe systems are allowed to be combined with automatic sprinkler systems.

Exception: Standpipe systems are not required in Group R-3 occupancies.

Subp. 1b. IFC section 905.3.1.

IFC section 905.3.1 is amended to read as follows:

905.3.1 Height. Class I wet standpipe systems shall be installed throughout buildings where any of the following conditions exist:

Four or more stories are above or below grade plane.

2.The floor level of the highest story is located more than 30 feet (9,144 mm) above the lowest level of the fire department vehicle access.

The floor level of the lowest story is located more than 30 feet (9,144 mm) below the highest level of fire department vehicle access.

905.3.1.1 Lowest level. In determining the lowest level of fire department vehicle access, the following areas should not be considered:

recessed loading docks for four vehicles or less; and
areas where topography makes access from the fire department vehicle to the building impractical or impossible.

Subp. 2. IFC section 905.3.2.1.

IFC section 905.3.2 is amended by adding a subsection to read:

905.3.2.1 Group A exhibition. Class I automatic standpipes shall be provided in Group A-3 occupancies where the floor area used for exhibition exceeds 12,000 square feet (1,115 m2).

Subp. 3. IFC sections 905.3.4, 905.3.4.1.

IFC sections 905.3.4 and 905.3.4.1 are deleted and replaced with the following:

905.3.4 Stages. Stages are not required to be equipped with standpipe systems.

Subp. 3a. IFC section 905.3.6.

IFC section 905.3.6 is amended to read as follows:

Subp. 4. IFC section 905.3.

IFC section 905.3 is amended by adding sections to read:

905.3.9 Detention and correctional facilities. Regardless of the height of the building or number of stories, every building in a Group I-3 detention and correctional facility, where 50 or more persons are under restraint or security under Occupancy Condition 3, 4, or 5, shall be provided with a Class I automatic wet or semiautomatic dry standpipe system.

Exception: Combined systems meeting the provisions of Section 905.2 may be used.

When acceptable to the fire chief, fire department connections may be located inside all security walls or fences on the property.

905.3.10 Group R-2 occupancies; small hose connections. Small hose connections shall be installed in Group R-2 occupancies three or more stories in height where any portion of the building's interior area is more than 200 feet (60,960 mm) of travel, vertically or horizontally, from the nearest point of fire department vehicle access. Small hose connections required by this section shall comply with the following:

Supply one 1-1/2-inch (38 mm) fire hose valve at each floor level or intermediate stair landing in each required and enclosed stairway.
The water for the small hose connections shall be supplied separately from the sprinkler system protecting that area so that the small hose connections are still functional if the water supply to the sprinkler system is shut down following fire extinguishment.
The piping shall be a minimum of 1-1/2-inch (38 mm).
The water shall be supplied from a wet-pipe sprinkler system only.
The piping shall be comprised of metallic piping and hose valve connections.

Subp. 5. IFC section 905.5.1.

IFC section 905.5.1 is deleted.

Subp. 6. IFC section 905.6.

IFC section 905.6 and all subsections are deleted in their entirety.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0906 Section 906, Portable Fire Extinguishers

Subpart 1. IFC section 906.1.

IFC section 906.1 is amended to read:

906.1 Where required. Portable fire extinguishers shall be installed in the following locations:

In all Group A, B, E, F, H, I, M, R-1, R-2, R-4, and S occupancies.

Exception: In Group E occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, fire extinguishers shall be required only in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, garages, stages, projection booths, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms greater than 100 square feet, and similar areas.

Within 30 feet (9,144 mm) distance of travel from commercial cooking equipment and from domestic cooking equipment in Group I-1; I-2, Condition 1; and R-2 congregate living facilities.
In areas where flammable or combustible liquids are stored, used, or dispensed.
On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 3315.1.
Where required by the sections indicated in Table 906.1.
Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official.
R-3 occupancies used as family day care, group family day care, foster care, adult family day services, and residential hospices.

Subp. 2. IFC section 906.2.

IFC section 906.2 is amended to read:

906.2 General requirements. Portable fire extinguishers shall be selected, installed, and maintained in accordance with this section and NFPA 10. Section 7.1.2 of NFPA 10 is deleted.

(The exceptions are unchanged and still apply.)

Subp. 3. IFC section 906.2.

IFC section 906.2.1 is amended to read:

906.2.1 Certification of service personnel for portable fire extinguishers. Service personnel providing or conducting maintenance on portable fire extinguishers shall possess a valid certificate issued by an approved organization for the type of work performed.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0907 Section 907, Fire Alarm and Detection Systems

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 1a. IFC section 907.1.2.

IFC section 907.1.2 is amended to read as follows:

A floor plan that indicates the use of all rooms.
Locations of alarm-initiating devices.
Locations of alarm notification appliances, including candela ratings for visible alarm notification appliances.
Design minimum audibility level for occupant notification.
Maximum sound pressure.
Location of fire alarm control unit, transponders, and notification power supplies.
Annunciators.
Power connections.
Battery calculations.
Conductor type and size.
Voltage drop calculations.
Manufacturers' data sheets indicating model numbers and listing information for equipment, devices, and materials.
Details of ceiling height and construction.
The interface of fire safety control functions.
Classification of the supervising station.

Subp. 2. IFC section 907.2.

IFC section 907.2 is amended to read:

907.2 Where required in new buildings and occupancies. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in new buildings and occupancies in accordance with Sections 907.2.1 through 907.2.24.2 and NFPA 72. For the purposes of Sections 907.2.1 through 907.2.24.2, fire barrier walls or fire walls shall not define separate buildings. In buildings containing mixed occupancies that are designed as separated uses (see Section 102.14), fire alarm and detection systems need only be installed in those occupancies where required by this section.

Subp. 3. IFC section 907.2.1.

IFC section 907.2.1 is amended, and sections added, to read:

907.2.1 Group A, general. A fire alarm system shall be installed in accordance with Sections 907.2.1 through 907.2.1.3 in Group A occupancies having an occupant load of 300 or more.

Exceptions:

Assembly areas used solely for worship purposes.
A fire alarm system is not required in buildings with an occupant load less than 1,000 when an approved automatic fire sprinkler system is installed throughout the building.
Assembly uses located inside Group E occupancies shall have alarms as required for the Group E occupancy.
Group A-5 occupancies.

907.2.1.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be installed in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, kitchens, trash-collection rooms, storage rooms, and similar areas.

Occupant notification shall be by means of voice announcements, either live or prerecorded, initiated by the person in the constantly attended location.

Exception: Where no constantly attended location exists, an automatic fire alarm system providing a general evacuation signal or an approved emergency voice/alarm communications system is permitted.

907.2.1.3 System initiation in Group A occupancies with occupant load of 1,000 or more. Activation of the fire alarm system in Group A occupancies with an occupant load of 1,000 or more shall immediately initiate an approved prerecorded message announcement using an approved emergency voice/alarm communications system in accordance with NFPA 72.

Exception: Where approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location.

Subp. 4. IFC section 907.2.2.

IFC section 907.2.2 is amended, and sections added, to read:

907.2.2 Group B, general. A fire alarm system shall be installed in accordance with Sections 907.2.2 through 907.2.2.3 in Group B occupancies if:

The building has an occupant load of 500 or more persons;
The building has an occupant load of more than 100 persons above or below the lowest level of exit discharge; or
The building contains an ambulatory care facility.

When automatic sprinkler systems or automatic fire detectors are installed in ambulatory care facilities, such systems or detectors shall be connected to the building fire alarm system.

Exception: In other than ambulatory care facilities, a fire alarm system is not required when an approved automatic fire-extinguishing system is installed throughout the building.

907.2.2.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, kitchens, mechanical and electrical rooms, trash-collection rooms, storage rooms and similar areas. In ambulatory care facilities, initiation of the fire alarm system shall also be by manual means.

907.2.2.2 Notification. Activation of the fire alarm system shall initiate a general evacuation signal.

Exception: In lieu of audible notification appliances, visible notification appliances shall be permitted to be used in patient care areas.

907.2.2.3 Ambulatory care facilities. Corridors and rooms or spaces open to corridors within an ambulatory care facility shall be protected by an automatic smoke-detection system.

Subp. 5. IFC section 907.2.3.

IFC section 907.2.3 is amended, and sections added, to read:

907.2.3 Group E, general. A fire alarm system shall be installed in accordance with Sections 907.2.3 through 907.2.3.3 in Group E occupancies having an occupant load of 50 or more.

907.2.3.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, and similar areas.

Exception: In buildings protected throughout by an approved automatic sprinkler system or having an approved fire alarm system equipped with corridor smoke detection, manual fire alarm boxes are only required in any main office and in any custodial area.

Subp. 6. IFC Section 907.2.4.

IFC Section 907.2.4 is amended, and sections added, to read:

Exception: A fire alarm system is not required when an approved automatic fire-extinguishing system is installed throughout the building.

907.2.4.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, trash-collection rooms, kitchens, mechanical and electrical rooms, and similar areas.

907.2.4.2 Notification. Activation of the fire alarm system shall initiate a general evacuation signal.

Subp. 7. IFC section 907.2.5.

IFC section 907.2.5 is amended, and sections added, to read:

907.2.5 Group H, general. A fire alarm system shall be installed in accordance with Sections 907.2.5 through 907.2.5.2 in Group H-5 occupancies, occupancies used for the manufacture of organic coatings and, when required by Chapters 60, 62, and 63, at the following locations:

rooms or areas where highly toxic compressed gases are stored or used;
rooms or areas where Class I, II, or III organic peroxides are stored; and
liquid and solid oxidizer storage areas.

907.2.5.1 Initiation. Initiation of the fire alarm system in Group H-5 occupancies and in occupancies used for the manufacture of organic coatings shall be by manual means. Initiation of fire alarm systems installed for highly toxic gases, organic peroxides, and oxidizers shall be by automatic means, as specified in Chapters 60, 62, and 63.

907.2.5.2 Notification. Activation of the fire alarm system in Group H-5 occupancies and in occupancies used for the manufacture of organic coatings shall initiate a general evacuation signal. Activation of the automatic detection systems installed for highly toxic gases, organic peroxides, and oxidizers shall sound a local alarm.

Subp. 8. IFC section 907.2.6.

IFC section 907.2.6 and all subsections are deleted in their entirety and replaced with the following:

907.2.6 Group I, general. A fire alarm system shall be installed in accordance with Sections 907.2.6.1 through 907.2.6.4.2 in Group I occupancies.

907.2.6.1 Group I-1 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-1 occupancies in accordance with Sections 907.2.6.1.1 through 907.2.6.1.3.

Exceptions:

In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in critical care areas.
Where occupants are incapable of evacuating themselves because of age, physical/mental disabilities or physical restraint, only the attendants or other personnel required to evacuate occupants from a zone, area, floor, or building shall be required to be notified. This notification shall include means to readily identify the zone, area, floor, or building in need of evacuation.

907.2.6.1.3 Sleeping room smoke alarms. Smoke alarms shall be installed in resident sleeping rooms in accordance with Section 907.2.10.2.

907.2.6.2 Group I-2 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-2 occupancies in accordance with Sections 907.2.6.2.1 through 907.2.6.2.4.

Exceptions:

Corridor smoke detection shall not be required where the sleeping room smoke detectors required in Section 907.2.6.2.3 are connected to an approved fire alarm system and activate a general evacuation signal.
Manual fire alarm boxes shall not be required at exits from patient sleeping areas if located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and provided that travel distances horizontally on the same floor shall not exceed 200 feet to reach a manual fire alarm box.

Exceptions:

In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in critical care areas.
Where occupants are incapable of evacuating themselves because of age, physical/mental disabilities, or physical restraint, only the attendants or other personnel required to evacuate occupants from a zone, area, floor, or building shall be required to be notified. This notification shall include means to readily identify the zone, area, floor, or building in need of evacuation.
Where total evacuation of occupants is impractical due to building configuration, only the occupants in the affected zones shall be initially notified. Provisions shall be made to selectively notify occupants in other zones to afford orderly evacuation of the entire building.

907.2.6.2.3 Patient room smoke detectors. Smoke detectors shall be installed in patient sleeping rooms of hospitals and nursing homes. Such detector's primary power shall be other than battery power. Actuation of such detectors shall cause a visual display on the corridor side of the room where the detector is located and shall cause a distinct audible and visual alarm at the nurse's station attending the room. Such detectors may be part of the facility's fire alarm system, nurse's call system, or a standalone system.

907.2.6.2.4 Sleeping room smoke alarms. For Group I-2 facilities, other than hospitals and nursing homes, single station smoke alarms shall be installed in resident sleeping rooms.

907.2.6.3 Group I-3 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-3 occupancies in accordance with Sections 907.2.6.3.1 through 907.2.6.3.4.

907.2.6.3.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, commissaries, and similar areas. Actuation of an automatic fire-extinguishing system, a manual fire alarm box or a fire detector shall initiate an approved fire alarm signal, which automatically notifies staff. Presignal systems shall not be used.

Exceptions:

Other approved smoke-detection arrangements providing equivalent protection, such as placing detectors in exhaust ducts from cells or behind protective grills, are allowed when necessary to prevent damage or tampering.
Smoke detectors are not required in sleeping rooms with four or fewer occupants in smoke compartments that are equipped throughout with an approved automatic sprinkler system.

907.2.6.4 Group I-4 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-4 occupancies in accordance with Sections 907.2.6.4.1 through 907.2.6.4.2.

Subp. 9. IFC Section 907.2.7.

IFC Section 907.2.7 and all subsections are deleted in their entirety.

Subp. 10. IFC section 907.2.8.

IFC section 907.2.8 and all subsections are deleted in their entirety and replaced with the following:

907.2.8 Group R-1, general. A fire alarm system shall be installed in accordance with Sections 907.2.8.1 through 907.2.8.3 in Group R-1 occupancies.

Exceptions:

A fire alarm system is not required in buildings not over two stories in height where all individual sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least one-hour fire partitions and each sleeping unit has an exit directly to a public way, exit court or yard.
Buildings containing five or fewer sleeping units shall be allowed to be equipped with approved multiple-station smoke alarms installed as required for Group R-3 occupancies. Installation shall be in accordance with Section 907.2.10.

907.2.8.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry and soiled linen rooms, mechanical and electrical rooms, trash-collection rooms, storage rooms, gift shops, kitchens, locker rooms, custodial closets, lounges, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with Section 903.3.1.1 or 903.3.1.2 and a manual fire alarm box is provided at a constantly attended location. When a constantly attended location is not provided, the manual fire alarm box shall be provided at the main exit.

907.2.8.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.8.3 Sleeping unit smoke alarms. Sleeping unit smoke alarms required by Section 907.2.10 shall not be connected to a fire alarm system.

Exception: Connection of such alarms for annunciation only.

Subp. 11. IFC section 907.2.9.

IFC section 907.2.9 and all subsections are deleted and replaced with the following:

907.2.9 Groups R-2 and R-4, general. Fire alarm systems and smoke alarms shall be installed in Group R-2 and Group R-4 occupancies. Group R-2 occupancies shall comply with Sections 907.2.9.1 through 907.2.9.1.3. Group R-4 occupancies shall comply with Sections 907.2.9.2 through 907.2.9.2.3.

907.2.9.1 Group R-2, general. A fire alarm system shall be installed in accordance with Sections 907.2.9.1 through 907.2.9.1.2 in Group R-2 occupancies where:

any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge;
any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit;
the building contains more than 16 dwelling units or sleeping units; or
the building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed throughout the building.

907.2.9.1.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.9.1.3 Dwelling unit smoke alarms. Dwelling unit smoke alarms required by Section 907.2.10 shall not be connected to the building fire alarm system.

Exception: Connection of such alarms for annunciation only.

907.2.9.2 Group R-4, general. A fire alarm system shall be installed in accordance with Sections 907.2.9.2.1 through 907.2.9.2.3 in Group R-4 occupancies.

Exceptions:

A fire alarm system is not required in buildings two stories or less in height where all individual sleeping units and attic and crawl spaces contiguous to those units are separated from each other and public or common areas by at least one-hour fire partitions and each sleeping unit room has an exit directly to a public way, exit court, or yard.
Buildings containing five or fewer sleeping units are permitted to be equipped with approved multiple-station smoke alarms installed as required for Group R-3 occupancies. Installation shall be in accordance with Section 907.2.10.

907.2.9.2.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry and soiled linen rooms, mechanical and electrical rooms, common kitchens, lounges, trash-collection rooms, storage rooms, gift shops, locker rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

907.2.9.2.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.9.2.3 Smoke alarms. Single and multiple-station smoke alarms shall be installed in accordance with Section 907.2.10.

Subp. 11a.

[Renumbered subp 11]

Subp. 12.

[Repealed, 40 SR 1437]

Subp. 13.

[Repealed, 44 SR 610]

Subp. 14.

[Repealed, 40 SR 1437]

Subp. 15. IFC section 907.2.

IFC section 907.2 is amended by adding sections to read:

907.2.24.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, kitchens, laboratories, shops, gift shops, commissaries, laundry and soiled linen rooms, mechanical and electrical rooms, locker rooms, storage rooms, custodial closets, trash-collection rooms, lounges, and similar areas. Automatic smoke detectors shall be provided in sleeping rooms, corridors, and spaces open to the corridors.

Exception: Manual fire alarm boxes are not required at exits if manual fire alarm boxes are located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and that travel distances required by Section 907.4.2 are not exceeded.

Exception: In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in sleeping areas.

Subp. 15a. IFC section 907.3.

IFC section 907.3 is amended and sections added to read:

907.3 Fire safety functions. Automatic fire detectors required by Section 907.2 and Chapter 11 are to activate notification appliances in accordance with those sections. When automatic fire detectors are installed for other fire safety functions, they shall perform the intended function upon activation. When automatic detectors are installed for fire safety functions and the building has a fire alarm system, the detectors shall activate supervisory signals at the fire alarm control panel or at a constantly attended location. When the building does not have a fire alarm system, the detectors shall activate a visual and audible supervisory signal at an approved location, which shall indicate the source of the signal.

(Section 907.3.4 still applies.)

Subp. 15b. IFC section 907.5.2.1.2.

IFC section 907.5.2.1.2 is amended to read:

Subp. 15c. IFC section 907.6.6.

IFC section 907.6.6 is amended to read as follows:

907.6.6 Monitoring. Where provided, monitoring of fire alarm systems shall comply with Sections 907.6.6.1 and 907.6.6.2.

(The exceptions are removed. Subsections 907.6.6.1 and 907.6.6.2 remain unchanged.)

Subp. 16.

[Repealed, 40 SR 1437]

Subp. 17.

[Repealed, 40 SR 1437]

Subp. 18.

[Repealed, 40 SR 1437]

Subp. 19.

[Repealed, 40 SR 1437]

Subp. 20.

[Repealed, 40 SR 1437]

Subp. 21.

[Repealed, 40 SR 1437]

Subp. 22.

[Repealed, 40 SR 1437]

Subp. 23.

[Repealed, 40 SR 1437]

Subp. 24.

[Repealed, 40 SR 1437]

Subp. 25. IFC section 907.8.2.

IFC section 907.8.2 is amended to read:

907.8.2 Testing. Fire alarm systems shall be inspected and tested at least annually in accordance with NFPA 72 or more frequently where required by the code official.

Exception: Devices or equipment that are inaccessible for safety considerations shall be tested during scheduled shutdowns where approved by the code official, but not less than every 18 months.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 36 SR 1479; 40 SR 1437; 44 SR 610

Minn. R. 7511.0908 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.0909 Section 909, Smoke Control Systems

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 1a. IFC section 909.1.

IFC section 909.1 is amended to read as follows:

909.1 Scope and purpose. This section applies to mechanical or passive smoke control systems when they are required for new buildings or portions thereof by provisions of this code or the Building Code. The purpose of this section is to establish minimum requirements for the design, installation, and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants and for fire suppression and overhaul efforts. These provisions are not intended for the preservation of contents or the timely restoration of operations.

Subp. 1b. IFC section 909.4.6.

IFC section 909.4.6 is amended to read as follows:

909.4.6 Duration of operations. All portions of the active or passive smoke control system shall be capable of continued operation after detection of the fire event for a period of not less than 20 minutes. System design shall be for 20 minutes; however fans shall continue to operate after 20 minutes and shall continue to operate automatically for smoke removal during fire suppression and overhaul efforts for a minimum of 5 minutes for every 10 feet vertically of protected space.

Subp. 1c. IFC section 909.4.8.

IFC section 909.4 is amended by adding a section to read as follows:

Subp. 1d. IFC section 909.20.

IFC section 909.20 is amended and a section added to read:

909.20 Maintenance. Smoke control systems and post-fire smoke exhaust systems shall be maintained to ensure to a reasonable degree that the system is capable of controlling smoke for the duration required. The system shall be maintained in accordance with the manufacturer's instructions and Sections 909.20.1 through 909.20.7.

(Sections 909.20.1 to 909.20.6 remain unchanged.)

909.20.7 Qualifications. Special inspection agencies for smoke control shall have expertise in fire protection engineering, mechanical engineering, and certification as air balancers.

Subp. 2. IFC section 909.22.

IFC section 909 is amended by adding a section to read:

909.22 High-rise and covered mall smoke-exhaust systems. High-rise buildings, not provided with a smoke control or a post-fire smoke exhaust system, shall be equipped with a smoke removal system installed and maintained in accordance with the Building Code. Covered mall buildings exceeding 50,000 square feet (4,645 m2) in floor area, excluding anchor stores, and not provided with a smoke control system, shall be equipped with a post-fire smoke exhaust system installed and maintained in accordance with the Building Code.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0910 Section 910, Smoke and Heat Removal

Subpart 1. IFC section 910.1.

IFC section 910.1 is amended by adding sections to read:

910.1.1 Required venting method. Required smoke and heat venting shall be accomplished with mechanical smoke exhaust according to Section 910.4.

Exceptions:

Calculated engineering design of mechanical smoke exhaust in accordance with Section 910.5 shall be permitted for buildings sprinklered throughout.
For non-sprinklered buildings, smoke and heat vents as specified in Section 910.3 shall be permitted.
Where approved by the fire code official, smoke and heat vents as specified in Section 910.3 shall be permitted in sprinklered buildings.

910.1.2 Listing. Smoke and heat vents and mechanical smoke exhaust fans shall be listed for the intended purpose.

Subp. 2. IFC section 910.4.

IFC section 910.4 is amended to read:

910.4 Mechanical smoke exhaust. Mechanical smoke exhaust shall be in accordance with Sections 910.4.1 through 910.4.7.

(Subsections 910.4.1 through 910.4.7 remain unchanged except as amended in subparts 2a and 3.)

Subp. 2a. IFC section 910.4.3.1

IFC section 910.4.3.1 is amended to read:

910.4.3.1 Supply air. Supply air for exhaust fans shall be sized to provide a minimum of 50 percent of the required exhaust. Air velocity at each supply air opening shall not exceed an average of 200 feet per minute when measured 4 feet (1,219 mm) in front of the opening. Openings for supply air shall be uniformly distributed around the periphery of the area served and be located or ducted to a position not more than one-half the storage height above the floor. Supply air openings shall open automatically upon operation of the smoke exhaust system and shall not require a manual action at each supply opening for operation. Supply air openings shall be kept clear of storage or obstructions to airflow for at least 4 feet (1,219 mm) in front of the opening. Supply air openings shall be separated from exhaust fans and exterior combustibles to prevent introduction of smoke into the building.

Subp. 3. IFC section 910.4.4.

IFC section 910.4.4 is amended to read:

910.4.4 Operation. Mechanical smoke exhaust fans shall be manually activated. Individual manual controls of each fan unit shall also be provided.

Subp. 4.

[Renumbered subp 2a]

Subp. 5. IFC section 910.5.

IFC section 910.5 is amended and subsections added to read as follows:

910.5 Calculated engineering design of mechanical smoke exhaust. Calculated engineering design of mechanical smoke exhaust shall be in accordance with Sections 910.5.1 through 910.5.5.

910.5.3 Operation. Mechanical smoke exhaust fans shall be manually activated. In addition, individual manual controls of each fan unit shall also be provided.

910.5.4 Supply air. Supply air for exhaust fans shall be sized to provide a minimum of 50 percent of the required exhaust. Air velocity at each supply air opening shall not exceed an average of 200 feet per minute when measured 4 feet (1,219 mm) in front of the opening. Openings for supply air shall be uniformly distributed around the periphery of the area served and be located or ducted to a position not more than one-half the storage height above the floor. Supply air openings shall open automatically upon operation of the smoke exhaust system and shall not require a manual action at each supply opening for operation. Supply air openings shall be kept clear of storage or obstructions to airflow for at least 4 feet (1,219 mm) in front of the opening. Supply air openings shall be separated from exhaust fans and exterior combustibles to prevent introduction of smoke into the building.

Subp. 6. IFC section 910.6.

IFC section 910 is amended by adding a subsection to read as follows:

910.6 Testing and maintenance. Mechanical smoke exhaust systems shall be tested and maintained as required in Sections 910.6.1 through 910.6.4.

910.6.1 Acceptance testing. Mechanical smoke exhaust systems shall be acceptance tested as required by Sections 909.18 and 909.19.

910.6.2 Special inspections. Special inspections for mechanical smoke exhaust shall be conducted according to Section 909.18.8.

910.6.3 Maintenance. Mechanical smoke exhaust systems, including exhaust fans, supply air openings and controls, shall be maintained and unobstructed.

910.6.4 Operational testing. Operational testing of the smoke exhaust system shall include all equipment such as initiating devices, fans, dampers, controls and supply air openings. Mechanical smoke exhaust systems shall be operated and tested under each control sequence at least annually.

Subp. 7. IFC section 910.7.

IFC section 910 is amended by adding a section to read as follows:

910.7 Maintenance. Smoke and heat vents shall be maintained in an operative condition in accordance with NFPA 204. Fusible links shall be promptly replaced whenever fused, damaged, or painted. Smoke and heat vents shall not be modified.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0912 Section 912, Fire Department Connections

IFC Section 912.2 is amended by adding a section to read:

History

Statutory Authority: MS s 299F.011
History: 32 SR 10

Minn. R. 7511.0915 Section 915, Carbon Monoxide Detection

Subpart 1. IFC section 915.1.1.

IFC section 915.1.1 is amended by adding an exception to read:

Exception: In multifamily dwellings, approved and operational carbon monoxide alarms may be installed between 15 and 25 feet of carbon monoxide-producing central fixtures and equipment provided there is a centralized alarm system or other approved mechanism for responsible parties to hear the alarms at all times.

Subp. 2. IFC section 915.2.

IFC section 915.2 and subsections 915.2.1 and 915.2.2 are amended to read as follows:

915.2 Locations. Where required by Section 915.1.1, carbon monoxide detection shall be installed in the locations specified in Sections 915.2.1 through 915.2.3.

915.2.2 Sleeping units. Carbon monoxide detection shall be installed in sleeping units.

Exception: Carbon monoxide detection shall be allowed to be installed outside of each separate sleeping area within 10 feet of the sleeping unit where the sleeping unit or its attached bedroom does not contain a fuel-burning appliance and is not served by a forced air furnace.

(Section 915.2.3 remains unchanged.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.1001 Section 1001, Administration

Subpart 1. IFC section 1001.1.

IFC section 1001.1 is amended to read:

1001.1 General. Buildings or portions thereof shall be provided with a means of egress system as required by this chapter. The provisions of this chapter shall control the design, construction, and arrangement of means of egress components required to provide an approved means of egress from structures and portions thereof. Sections 1003 through 1031 shall apply to new construction. Sections 1001, 1002, 1031, and 1104 shall apply to existing buildings.

1001.1.1 Compliance options. Means of egress installed and maintained in accordance with the Minnesota Residential Code or Building Code, when applicable, shall be deemed to comply with this chapter.

Subp. 1a.

[Repealed, 44 SR 610]

Subp. 2. IFC section 1001.3.

IFC section 1001 is amended by adding a section to read:

1001.3 Special exiting provisions for younger students. Rooms in Group E occupancies used by preschool, kindergarten, first- or second-grade pupils, latchkey, child care, early childhood family education, teen parent, or similar programs shall be located as required by the Building Code.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1002 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1006 Section 1006, Number of Exits and Exit Access Doorways

Subpart 1. IFC Table 1006.2.1.

Table 1006.2.1 is amended to read as follows:

TABLE 1006.2.1

SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAY

NP = Not Permitted

b Group H occupancies equipped throughout with an automatic sprinkler system in accordance with Section 903.2.5.

c For a room or space used for assembly purposes having fixed seating, see Section 1029.8.

d For the travel distance limitations in Group I-2, see Section 407.4 of the Building Code.

e The common path of egress travel distance in a Group S-2 open parking garage shall not be more than 100 feet.

f For the travel distance limitations in Groups R-3 and R-4 equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3, see Section 1006.2.2.6.

Subp. 2. IFC section 1006.2.2.1.

IFC section 1006.2.2.1 is amended to read as follows:

1006.2.2.1 Boiler, incinerator, and furnace rooms. Two exit access doorways are required in boiler, incinerator, and furnace rooms where the area is over 500 square feet (46 m2) and any fuel-fired equipment exceeds 400,000 British thermal units (Btu) (422,000 kJ) input capacity. Where two exit access doorways are required, one is permitted to be a fixed ladder or an alternating tread device. Exit access doorways shall be separated by a horizontal distance equal to one-half the length of the maximum overall diagonal dimension of the room. The exit access path of travel shall not converge to a separation distance less than one-third the length of the maximum overall diagonal dimension of the room.

Subp. 3. IFC section 1006.2.2.4.

IFC section 1006.2.2.4 is amended to read as follows:

1006.2.2.4 Group E and I-4 means of egress. Group E and I-4 facilities, rooms, or spaces where care is provided for more than 10 children that are 2-1/2 years of age or less shall have access to not less than two exits or exit access doorways.

Subp. 4. IFC section 1006.2.2.7.

IFC section 1006.2.2 is amended by adding a subsection to read as follows:

Subp. 5. IFC section 1006.3.3.

IFC section 1006.3.3 is amended to read as follows:

1006.3.3 Single exits. A single exit or access to a single exit shall be permitted from any story or occupied roof where one of the following conditions exists:

The occupant load, number of dwelling units or sleeping units, and common path of egress travel distance do not exceed the values in Table 1006.3.3(1) or 1006.3.3(2).
Rooms, areas, and spaces complying with Section 1006.2.1 with exits that discharge directly to the exterior at the level of exit discharge, are permitted to have one exit or access to a single exit.
Parking garages where the vehicles are mechanically parked shall be permitted to have one exit or access to a single exit.
Group R-3 and R-4 occupancies shall be permitted to have one exit or access to a single exit.
Individual single-story or multi-story dwelling units and sleeping units shall be permitted to have a single exit or access to a single exit from each dwelling unit or sleeping unit, provided that both of the following criteria are met:

5.1 Each dwelling unit and sleeping unit complies with Section 1006.2.1 as a space with one means of egress.

5.2 Each sleeping unit and dwelling unit either: (a) has an exit that discharges directly to the exterior at the level of exit discharge; or (b) has an exit access outside the entrance door that provides access to at least two approved independent exits.

(Subsection 1006.3.3.1 remains unchanged.)

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.1007 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.1008 [Renumbered 7511.1010]

[Renumbered 7511.1010]

Minn. R. 7511.1009 [Renumbered 7511.1011]

[Renumbered 7511.1011]

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.1010 Section 1010, Doors, Gates and Turnstiles

Subpart 1. IFC section 1010.1.5.

IFC section 1010.1.5 is amended by modifying exception 5 to read as follows:

Exterior decks, patios, or balconies that are part of Type B dwelling units, have impervious surfaces, and are not more than 2 inches (50 mm) below the finished floor level of the adjacent interior space of the dwelling unit.

Subp. 1a. IFC section 1010.1.9.1.

IFC section 1010.1.9.1 is amended to read:

1010.1.9.1 Hardware. Except as permitted by Section 1010.1.9.4, door handles, pulls, latches, locks, and other operating devices on doors shall only require a single operation to release the door from the egress side.

Subp. 1b. IFC section 1010.1.9.2.

The exception to IFC section 1010.1.9.2 is amended to read as follows:

Exception: The ingress side of access doors or gates in barrier walls and fences protecting pools, spas, and hot tubs shall be permitted to have operable parts of the latch release on self-latching devices at 54 inches (1,370 mm) maximum above the finished floor or ground, provided that the self-latching devices are not also self-locking devices operated by means of a key, electronic opener, or integral combination lock. All hardware shall comply with Section 1010.1.9.6.

Subp. 1c. IFC section 1010.1.9.4.

IFC section 1010.1.9.4 is amended to read as follows:

1010.1.9.4 Locks and latches. Locks and latches shall be permitted to prevent operation of doors where any of the following exists:

Places of detention or restraint.
In buildings in occupancy Group A having an occupant load of 300 or less, in buildings in occupancy Groups B, F, M, and S and in places of religious worship, the main exterior door or doors are permitted to be equipped with key-operated locking devices from the egress side, provided:

2.1 The locking device is readily distinguishable as locked.

2.2 A readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. The sign shall be in letters 1 inch (25 mm) high on a contrasting background.

2.3 The use of the key-operated locking device is revocable by the fire code official for due cause.

Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface-mounted hardware.
Doors from individual dwelling or sleeping units of Group R occupancies having an occupant load of ten or less are permitted to be equipped with a night latch, dead bolt, or security chain, provided such devices are openable from the inside without the use of a key or tool.
Fire doors, after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures.
Doors serving roofs not intended to be occupied shall be permitted to be locked preventing entry to the building from the roof.
Delayed egress locks, installed and maintained in conformance with Section 1010.1.9.8.
Controlled egress doors installed and maintained in conformance with Section 1010.1.9.7.
Electrically locked egress doors installed and maintained in conformance with Section 1010.1.9.9 or 1010.1.9.10.
In rooms, other than detention cells, where occupants are being restrained for safety or security reasons, special detention arrangements that comply with the requirements of Section 1010.1.11 are permitted.
Means of egress stairway doors, installed and maintained in conformance with Section 1010.1.9.12.

Subp. 1d. IFC section 1010.1.9.7.

IFC section 1010.1.9.7 is amended to read:

1010.1.9.7 Controlled egress doors in Groups I-1, I-2, R-3, and R-4 occupancies. Controlled egress door locking systems, including electromechanical locking systems and electromagnetic locking systems, shall be permitted in Groups I-1, I-2, R-3, and R-4 occupancies when a person's clinical needs require their containment. Controlled egress doors shall be permitted in these occupancies when the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 and an approved automatic smoke detection system installed in accordance with Section 907. Electric locking systems and controlled egress doors shall comply with the requirements in items 1 through 11 below.

The egress control locks shall unlock upon actuation of either the automatic sprinkler system or the automatic smoke detection system within the means of egress served by the locked area.
The egress control locks shall unlock upon loss of power controlling the lock or lock mechanism.
The egress control locking system shall have the capability of being unlocked by a signal or switch from the fire command center, a nursing station, or other approved location. The signal or switch shall directly break power to the lock.
A building occupant shall not be required to pass through more than one door equipped with a controlled egress lock before entering an exit.
The procedures for the operations of the unlocking system shall be described and approved as part of the emergency planning and preparedness required by Chapter 4.
All clinical staff shall have the keys, codes, or other means necessary to operate the controlled egress locking devices or systems.
Emergency lighting shall be provided at both sides of a door equipped with a controlled egress locking device.
24-hour resident or patient supervision is provided within the secured area.
The controlled egress locking devices are designed to fail in the open position.
Floor levels within the building or portion of the building with controlled egress locking devices shall be divided into at least two compartments by smoke barriers meeting the requirements of the Minnesota Building Code.
The controlled egress door locking system units shall be listed in accordance with UL 294.

Exceptions to items 1 through 11:

Items 1 through 4 shall not apply to doors to areas occupied by persons who, because of clinical needs, require restraint or containment as part of the function of a psychiatric treatment area.
Items 1 through 4 shall not apply to doors to areas where a listed egress control system is utilized to reduce the risk of child abduction from nursery and obstetric areas of a Group I-2 hospital.
Item 10 shall not apply to existing Group R-3 or R-4, Condition 1 occupancies where all of the following conditions apply: (a) the construction of smoke barrier compartmentation is not practical; (b) existing sleeping rooms are provided with smoke-tight construction; and (c) existing sleeping rooms have an emergency escape and rescue opening complying with Section 1030.

Subp. 2. IFC sections 1010.1.9.8 and 1010.1.9.8.1.

IFC sections 1010.1.9.8 and 1010.1.9.8.1 are amended to read:

Group B, F, I, M, R, S, and U occupancies.
Group E in locations where the means of egress does not serve an assembly use area.

1010.1.9.8.1 Delayed egress locking system. The delayed egress locking system shall be installed and operated in accordance with one of the following:

The delay electronics of the delayed egress locking system shall deactivate upon actuation of the automatic sprinkler system or automatic fire detection system, allowing immediate free egress.
The delay electronics of the delayed egress locking system shall deactivate upon loss of power controlling the lock or lock mechanism, allowing immediate free egress.
The delayed egress locking system shall have the capability of being deactivated at the fire command center and other approved locations.
An attempt to egress shall initiate an irreversible process that shall allow egress in not more than 15 seconds when a physical effort to exit of not more than 15 pounds (67 N) is applied to the egress side door hardware for not more than one second. Initiation of the irreversible process shall activate an audible signal in the vicinity of the door. Once the delay electronics have been deactivated from an approved location, relocking the delay electronics shall be by manual means only.

Exception to item 4. Where approved, a delay of not more than 30 seconds is permitted on a delayed egress door.

The egress path from any point shall not pass through more than one delayed egress locking system.

Exceptions to item 5.

In Group I-2 or I-3 occupancies, the egress path from any point in the building shall pass through not more than two delayed egress locking systems provided that the combined delay does not exceed 30 seconds.
In Group I-1 or I-4 occupancies, the egress path from any point in the building shall pass through not more than two delayed egress locking systems provided that the combined delay does not exceed 30 seconds and the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
A sign shall be provided on the door and shall be located above and within 12 inches (305 mm) of the door exit hardware.

6.1 For doors that swing in the direction of egress, the sign shall read: PUSH UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS.

6.2 For doors that swing in the opposite direction of egress, the sign shall read: PULL UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS.

6.3 The sign shall comply with the visual character requirements in ICC A117.1.

Exception to item 6. Where approved, in Group I occupancies, the installation of a sign is not required where care recipients, because of clinical needs, require restraint or containment as part of the function of the treatment area.

Emergency lighting shall be provided on the egress side of the door.
The delayed egress locking system units shall be listed in accordance with UL 294.

Subp. 2a. IFC section 1010.1.9.12.

IFC section 1010.1.9.12 is amended by revising exception 3 to read as follows:

In stairways serving not more than four stories, doors are permitted to be locked from the side opposite the egress side. The exit door is permitted to be locked but shall be openable from the egress side.

Subp. 3. IFC section 1010.1.

IFC section 1010.1 is amended by adding subsections to read:

1010.1.11.1 Locking hardware. Locking devices shall release upon any of the following conditions:

Activation of the automatic sprinkler system.
Activation of any automatic fire detection device.
Activation of an automatic fire alarm system.
Loss of electrical power to the locking device or the fire alarm system.
Activation of the fire alarm trouble signal.
Operation of a manual switch located in an approved location.

All locking devices shall be designed to fail in the open position. Following the release of the locking devices for any of the conditions specified in Items 1 through 6, relocking the devices shall be by manual means only at the door.

1010.1.11.2 Fire-extinguishing system. When special detention arrangements are used, the room or area being secured shall be protected with quick-response sprinklers.

1010.1.11.4 Door swing. Doors separating detention rooms from other spaces must swing in the direction of egress travel from the detention room.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1011 Section 1011, Stairways

Subpart 1. IFC section 1011.14.

IFC section 1011.14 is amended to read:

1011.14 Alternating tread devices. Alternating tread devices are limited to an element of a means of egress in buildings of Groups F, H, and S from a mezzanine not more than 250 square feet (23 m2) in area and which serves not more than five occupants; and in buildings of Groups I-3 from a guard tower, observation station, or control room not more than 250 square feet (23 m2) in area and for access to unoccupied roofs. Access to mechanical equipment or appliances on a roof shall be in accordance with IBC Section 1208.3.1 and the Minnesota Mechanical Code.

(IFC sections 1011.14.1, 1011.14.2, and the exception still apply.)

Subp. 2. IFC section 1011.15.

IFC section 1011.15 and all subsections are deleted in their entirety and replaced with the following:

1011.15 Ships ladders. Ships ladders constructed as required for permanent stairs in accordance with the Minnesota Mechanical Code shall be permitted to be used as a means of egress component at the following locations:

Ships ladders are permitted to be used in Group I-3 occupancies for means of egress at control rooms or elevated facility observation stations not more than 250 square feet (23 m2) in floor area.
Ships ladders are permitted to be used as a component for means of egress at recessed or elevated floors or platforms when the area served has an occupant load of five or fewer, and the space meets all of the following criteria:

2.1 access to the area served is limited to building facilities staff, maintenance staff, employees, or other authorized personnel;

2.2 required access to the area served is limited and periodic;

2.3 the area served is used for building maintenance service functions, or for equipment access or monitoring;

2.4 the area served is not required to have a second means of egress by other provisions of this code; and

2.5 the area served is not classified as a Group H occupancy.

Ships ladders are permitted to be used for access to unoccupied spaces in accordance with the Minnesota Mechanical Code.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1013 [Renumbered 7511.1015]

[Renumbered 7511.1015]

Minn. R. 7511.1014 [Renumbered 7511.1017]

[Renumbered 7511.1017]

Minn. R. 7511.1015 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1017 [Renumbered 7511.1018]

[Renumbered 7511.1018]

Minn. R. 7511.1018 [Renumbered 7511.1020]

[Renumbered 7511.1020]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1019 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1020 Section 1020, Corridors

Subpart 1. IFC Table 1020.1.

IFC Table 1020.1 is amended as follows:

TABLE 1020.1

CORRIDOR FIRE-RESISTANCE RATING

a For requirements for occupancies in Group I-2, see IBC Sections 407.2 and 407.3.

b For a reduction in the fire-resistance rating for occupancies in Group I-3, see IBC Section 408.8.

c Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2, where allowed.

Subp. 2. IFC section 1020.6.

IFC section 1020.6 is amended by modifying the exceptions to read as follows:

Exceptions:

Foyers, lobbies, or reception rooms constructed as required for corridors shall not be construed as intervening rooms if the aggregate area of these spaces does not exceed 1,000 square feet per floor.
Foyers, lobbies, or reception rooms that are more than 1,000 square feet per floor in aggregate area and other rooms or spaces that are constructed as required for corridors shall not be construed as intervening rooms when the rooms or spaces meet the following:

(a) The spaces are not occupied as dwelling units, sleeping units, incidental uses or hazardous uses.

(d) Group R occupancies shall be provided with an automatic sprinkler system throughout to allow the use of exception #2.

Enclosed elevator lobbies as permitted by Section 1016.2, item 1, shall not be constructed as intervening rooms.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1022 [Renumbered 7511.1023]

[Renumbered 7511.1023]

Minn. R. 7511.1023 [Renumbered 7511.1024]

[Renumbered 7511.1024]

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1024 Section 1024, Exit Passageways

IFC section 1024.6 is amended to read as follows:

1024.6 Penetrations. Penetrations into or through an interior exit passageway are prohibited except for the following:

Equipment and ductwork necessary for independent ventilation or pressurization.
Fire protection systems.
Security systems that serve the exit passageway.
Wiring that serves the exit passageway.
Two-way communication systems that serve the exit passageway.
Electrical raceway for fire department communications systems.
Electrical raceway serving the exit passageway and terminating in a steel box not exceeding 16 square inches (0.010 m2).

Such penetrations shall be protected in accordance with Section 714 of the Building Code. There shall not be penetrations or communication openings, whether protected or not, between adjacent interior exit stairways and ramps or adjacent exit passageways.

(The exception to Section 1024.6 is deleted.)

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1025 Repealed by subpart

Subpart 1.

[Renumbered 7511.1028, subp 2]

Subp. 2.

[Renumbered 7511.1028, subp 3]

Subp. 3.

[Renumbered 7511.1028, subp 4]

Minn. R. 7511.1026 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1027 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1028 [Renumbered 7511.1030]

[Renumbered 7511.1030]

Minn. R. 7511.1029 [Renumbered 7511.1030]

[Renumbered 7511.1030]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 40 SR 1437; 44 SR 610

Minn. R. 7511.1030 [Renumbered 7511.1031]

[Renumbered 7511.1031]

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1031 Section 1031, Maintenance of the Means of Egress

Subpart 1. IFC section 1031.2.

IFC section 1031.2 and subsection 1031.2.1 are amended and subsection 1031.2.3 is added to read as follows:

1031.2 Reliability. Required exit accesses, exits, and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency.

1031.2.1 Security devices and egress locks. Security devices affecting means of egress shall be subject to approval of the fire code official. Security devices and locking arrangements in the means of egress that restrict, control, or delay egress shall be installed and maintained as required by this chapter or IFC Chapter 11, as amended.

(IFC section 1031.2.2 remains unchanged.)

1031.2.3 Inspection and testing. Locking arrangements in the means of egress that restrict, control, or delay egress, including locking arrangements and devices in accordance with Sections 1010.1.9.7 through 1010.1.9.10, shall be tested as follows:

The primary release functions shall be tested monthly for operability.
Fire alarm and sprinkler system interconnects and other failsafe release functions shall be tested at least annually for operability.
Testing shall be done by individuals who can demonstrate knowledge and understanding of the operating components of the door being tested.
Deficiencies shall be corrected without delay. Written records of inspection and testing shall be kept and available to the fire code official.

Subp. 2. IFC section 1031.3.

IFC section 1031.3 is amended to read:

1031.3 Obstructions. A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. Means of egress shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. No combustible storage is allowed in corridors or exit stairs.

Subp. 3. IFC section 1031.7.

IFC section 1031.7 is amended to read:

1031.7 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with this code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening.

Exception: Window fall protection required by the building code.

Subp. 4. IFC section 1031.10.2.

IFC section 1031.10.2 is amended to read:

1031.10.2 Power test. For battery-powered emergency lighting, a power test of the emergency lighting equipment shall be completed annually. The power test shall operate the emergency lighting for a minimum of 30 minutes. All emergency lighting shall remain sufficiently illuminated for the duration of the test.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1101 Section 1101, General

IFC section 1101 is amended and sections added to read:

1101.1 Scope. The provisions of IFC Chapter 11, as amended, shall apply to existing buildings constructed prior to the adoption of this code.

1101.2 Intent. The intent of IFC Chapter 11, as amended, is to provide a minimum degree of fire and life safety to persons occupying existing buildings by providing minimum construction requirements.

1101.3 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7.

1101.4 Owner notification. When a building is found to be in noncompliance with IFC Chapter 11, as amended, the code official shall duly notify the owner of the building. Upon receipt of such notice, the owner shall, subject to the following time limits, take necessary actions to comply with the provisions of this chapter.

1101.4.1 Construction documents. Construction documents necessary to comply with IFC Chapter 11, as amended, shall be completed and submitted within a time schedule approved by the code official.

1101.4.2 Completion of work. Work necessary to comply with IFC Chapter 11, as amended, shall be completed within a time schedule approved by the code official.

1101.4.3 Extension of time. The code official is authorized to grant necessary extensions of time when it can be shown that the specified time periods are not physically practical or pose an undue hardship. The granting of an extension of time for compliance shall be based on the showing of good cause and subject to the filing of an acceptable systematic plan of correction with the code official.

1101.5 Compliance option. Existing buildings that meet the requirements of NFPA 101 (Life Safety Code) or chapter 1309, the Minnesota Residential Code, or chapter 1305, the Minnesota Building Code, when applicable, shall be deemed as evidence of compliance with IFC Chapter 11, as amended.

1101.6 Previous codes. Protection features in existing buildings that comply with previous editions of the Fire Code or Building Code shall be considered as complying with IFC Chapter 11, as amended, unless the fire code official issues a written determination listing the conditions that constitute a distinct hazard to life.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.1103 Section 1103, Fire Safety Requirements for Existing Buildings

Subpart 1. IFC section 1103.1.

IFC section 1103.1 is amended to read:

1103.1 Required construction. Existing buildings shall comply with the minimum provisions specified in Sections 1103.2 through 1106.1.2.

Table 1103.1 is deleted.

Subp. 2. IFC section 1103.2.

IFC section 1103.2 is deleted.

Subp. 3. IFC section 1103.3.

IFC section 1103.3 and all subsections are deleted.

Subp. 4. IFC section 1103.4.

IFC section 1103.4 and all subsections are deleted entirely and replaced with the following:

1103.4 Vertical openings. Interior vertical shafts, including stairways, elevator hoistways, and service and utility shafts, that connect two or more stories of a building, shall be enclosed or protected as specified in Section 1103.4.1 and Table 1103.4.

1103.4.1 Fire-resistive-rated construction. Where one-hour fire-resistive rated construction is required by IFC Chapter 11, as amended, it includes equivalent ratings for openings in that construction. When openings are required to be protected, opening protectives shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices are permitted if the fusible link rating does not exceed 135° F (57° C).

TABLE 1103.4

VERTICAL OPENING PROTECTION REQUIRED

a Vertical opening protection is not required for Group R-3 occupancies.

b Vertical opening protection is not required for open parking garages and ramps.

Subp. 5.

[Repealed, 44 SR 610]

Subp. 6. IFC section 1103.5.

IFC section 1103.5 and its subsections are deleted entirely and replaced with the following:

1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5.

1103.5.1 Reserved.

1103.5.2 Group I-2. An automatic sprinkler system shall be provided throughout existing Group I-2 fire areas. The sprinkler system shall be provided throughout the floor where the Group I-2 occupancy is located, and in all floors between the Group I-2 occupancy and the level of exit discharge, including the level of exit discharge.

1103.5.3 Basement access or sprinkler protection. An approved automatic sprinkler system shall be provided in the following occupancies located in basements when such areas exceed 2,500 square feet (232.3 m2) in size and do not have 20 square feet (1.86 m2) of opening entirely above the adjoining ground level in each 50 lineal feet (15,240 mm) or fraction thereof of exterior wall on at least one side of the building:

Group A occupancies used as commercial drinking and dining establishments.
Group A occupancies used as bowling alleys.
Group E occupancies used for student occupancy.
Group I occupancies.
Group R-1 and R-2 occupancies having dwelling units or guest rooms.

Openings required by this section shall have a minimum dimension of 30 inches (762 mm).

If any portion of the basement is located more than 75 feet (22.86 m) from required openings, the basement shall be provided with an approved automatic sprinkler system throughout.

1103.5.4 Pyroxylin plastics. An automatic sprinkler system shall be provided throughout existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored, or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved automatic sprinkler system capable of discharging 1.66 gallons per minute per square foot (68 L/mn/m2) over the area of the vault.

1103.5.5 Existing rubbish and linen chutes. Existing rubbish and linen chutes that connect three or more stories shall be protected with automatic sprinklers installed and maintained in conformance with Section 903.2.11.2.

Subp. 7. IFC section 1103.7.

IFC section 1103.7 and its subsections are deleted entirely and replaced with the following:

1103.7 Fire alarm systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.6.1.

In buildings containing mixed occupancies that are designed as separated uses (see Section 102.14), fire alarm and detection systems need only be installed in those occupancies where required by this section.

In areas protected by an approved, supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, automatic fire detectors required by Section 1103.7 need not be provided. Where Section 1103.7 requires smoke detectors, such protection shall be installed.

1103.7.1 Group A, general. A fire alarm system shall be installed in accordance with Sections 1103.7.1 through 1103.7.1.3.1 in existing Group A occupancies having an occupant load of 300 or more.

1103.7.1.1 Exemptions for Group A. A fire alarm system is not required in Group A occupancies having the following conditions:

Assembly areas used solely for worship purposes.
A fire alarm system is not required when an approved automatic fire-sprinkler system is installed throughout the building.
Assembly uses located inside Group E occupancies shall have alarms as required for the Group E occupancy.
A-5 occupancies.

1103.7.1.2 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be installed in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, kitchens, trash-collection rooms, storage rooms, and similar areas.

1103.7.1.3 Notification. The required fire alarm system shall activate an audible and visible notification appliance at a constantly attended location within the building for the purposes of initiating emergency action. A presignal feature and positive alarm sequencing in accordance with NFPA 72 are permitted. Occupant notification shall be by means of voice announcements, either live or prerecorded, initiated by the person in the constantly attended location.

1103.7.1.3.1 Exemption for voice evacuation. Where no constantly attended location exists, an automatic fire alarm system providing a general evacuation signal or an approved emergency voice/alarm communications system is permitted.

1103.7.2 Group E, general. A fire alarm system shall be installed in accordance with Sections 1103.7.2 through 1103.7.2.4 in existing Group E occupancies having an occupant load of 50 or more.

1103.7.2.1 Exemption for single classroom. A fire alarm system is not required for a building with a maximum area of 1,000 square feet (93 m2) that contains a single classroom and is located no closer than 20 feet (15,240 mm) from another building.

1103.7.2.2 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, and similar areas.

1103.7.2.2.1 Manual activation. In buildings protected throughout by an approved, automatic fire sprinkler system or having an approved fire alarm system equipped with corridor smoke detection, manual fire alarm boxes are only required in the main office and in a custodial area.

1103.7.2.3 Travel through adjoining rooms. Where the only means of egress travel from an interior room or rooms having an aggregate occupant load of more than ten occupants is through an adjoining or intervening room, automatic smoke detectors shall be installed throughout the common atmosphere through which the path of egress travel passes.

1103.7.2.3.1 Sprinkler protection. In buildings that are protected throughout by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, smoke detectors are not required in intervening or adjoining rooms.

1103.7.2.4 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

1103.7.3 Group I, general. A fire alarm system shall be installed in accordance with Sections 907.2.6 through 907.2.6.4.2 in existing Group I occupancies.

1103.7.4 Group R-1, general. A fire alarm system shall be installed in accordance with Sections 1103.7.4 through 1103.7.4.4.1 in existing Group R-1 occupancies where:

Any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge.
Any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit.
The building contains 20 or more guest rooms or dwelling units.
The building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

1103.7.4.1 Direct exits to exterior. A fire alarm system is not required in buildings that do not have interior corridors serving guest rooms and where each guest room has an exit door opening directly to an exterior exit access that leads directly to the exits.

1103.7.4.2 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry rooms, mechanical and electrical rooms, trash-collection rooms, storage rooms, gift shops, locker rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

1103.7.4.2.1 Sprinkler protection. System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with Section 903.3.1.1 or 903.3.1.2 and a manual fire alarm box is provided at a constantly attended location. When a constantly attended location is not provided the manual fire alarm box shall be provided at the main exit.

1103.7.4.3 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

1103.7.4.4 Guest room smoke alarms. Guest room smoke alarms required by Section 1103.8 shall not be connected to a fire alarm system.

1103.7.4.4.1 Annunciation allowed. Connection of such alarms for annunciation is permitted.

1103.7.5 Group R-2, general. A fire alarm system shall be installed in accordance with Sections 1103.7.5 through 1103.7.5.3 in existing Group R-2 occupancies where:

any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge;
any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit;
the building contains more than 16 sleeping units or dwelling units; or
the building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

1103.7.5.1 Direct exits to exterior. A fire alarm system is not required in buildings that do not have interior corridors serving guest rooms and where each dwelling unit has an exit door opening directly to an exterior exit access that leads directly to the exits.

1103.7.5.2 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry rooms, mechanical and electrical rooms, trash-collection rooms, storage rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

1103.7.5.2.1 Sprinkler protection. System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed throughout the building.

1103.7.5.3 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

1103.7.5.4 Dwelling unit smoke alarms. Dwelling unit smoke alarms required by Section 1103.8 shall not be connected to the building fire alarm system.

1103.7.5.4.1 Annunciation allowed. Connection of such alarms for annunciation is permitted.

1103.7.6 Audible alarms. Audible alarm notification appliances shall be provided and sound a distinctive sound that is not to be used for any purpose other than that of a fire alarm. The audible alarm notification appliances shall provide a sound pressure level of 15 decibels (dBA) above the average ambient sound level or 5 dBA above the maximum sound level having a duration of at least 60 seconds, whichever is greater, in every occupied space within the building. The maximum sound pressure level for audible alarm notification appliances shall be 110 dBA at the minimum hearing distance from the audible appliance. Where the average ambient noise is greater than 105 dBA, visible alarm notification appliances shall be provided in accordance with NFPA 72 and audible alarm notification appliances shall not be required.

1103.7.6.1 Maximum sound pressure. Fire alarm system audibility levels shall not exceed 35 dB above the average ambient sound level described in Section 907.5.2.1.1 or 35 dB above the peak ambient sound level. The maximum sound pressure level for audible alarm notification appliances shall be 110 dBA at the minimum hearing distance from the audible appliance. Where the average ambient noise is greater than 95 dBA, visible alarm notification appliances shall be provided in accordance with NFPA 72 and audible alarm notification appliances shall not be required.

Subp. 8. IFC section 1103.8.

IFC section 1103.8 and its subsections are deleted entirely and replaced with the following:

1103.8 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Table 1103.8.

TABLE 1103.8

SMOKE ALARM REQUIREMENTS

1103.8.1 Replacement of smoke alarms. Single and multiple-station smoke alarms shall be replaced when:

They fail to respond to operability tests.
They exceed ten years from the date of manufacture.

Smoke alarms shall be replaced with smoke alarms having the same type of power supply.

Subp. 9. IFC section 1103.11.

IFC section 1103 is amended by adding a section to read:

1103.11 Protection of existing cooking equipment. Approved automatic fire-extinguishing systems shall be provided for the protection of existing commercial-type cooking equipment that produces grease-laden vapors in accordance with Section 904.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1104 Section 1104, Means of Egress for Existing Buildings

Subpart 1. IFC section 1104.1.

IFC section 1104.1 is amended and sections added to read:

1104.1 General. Means of egress in existing buildings shall comply with the minimum egress requirements specified in Sections 1104.1 through 1104.26.7.

1104.1.1 Occupant loads. The number of occupants shall be determined in accordance with Section 1004.

1104.1.2 Egress width. The minimum required egress width shall be determined in accordance with Section 1005.1.

1104.1.3 Ceiling height. The ceiling height in corridors shall be not less than 78 inches (1,981 mm).

1104.1.4 Special exiting provisions for younger students. Rooms in Group E occupancies used by preschool, kindergarten, first- or second-grade pupils, latchkey, child care, early childhood family education, teen parent, or similar programs shall be located as required by the Building Code.

Subp. 2. IFC section 1104.2.

IFC section 1104.2 is amended to read:

1104.2 Elevators, escalators, and moving walks. Elevators, escalators, and moving walks can only be used as a component of a required means of egress where previously approved.

Subp. 3. IFC section 1104.3.

IFC section 1104.3 is amended and sections added to read:

1104.3 Exit signs - general. Exit signs shall comply with Sections 1104.3.1 through 1104.3.5.

1104.3.1 Where required. Exit signs shall be provided where two or more exits are required from a room, area, or story.

1104.3.2 Locations. Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel.

1104.3.3 Main exits. Exit signs need not be provided for main exterior exit doors that are obviously and clearly identifiable as exits.

1104.3.4 Certain occupancies exempt. Exit signs are not required in housing areas of Group I-3 occupancies; in sleeping rooms or dwelling units in Group R-1, R-2, or R-3 occupancies; and in Group U occupancies.

1104.3.5 Exit sign illumination. Exit signs shall be internally illuminated, externally illuminated, or self-luminous. The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 foot-candles (54 lux). Internally illuminated signs shall provide equivalent luminance and be listed for the purpose. Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts (0.21 cd/m2).

Subp. 4. IFC section 1104.5.

IFC section 1104.5 is amended and sections added to read:

1104.5 Illumination - general. Normal and emergency illumination of the means of egress shall comply with Sections 1104.5.1 through 1104.5.3.

1104.5.1 Illumination required. The means of egress shall be illuminated at all times that the building space served by the means of egress is occupied. Natural lighting in the interior rooms or spaces can be used to satisfy this requirement during periods of daylight.

1104.5.1.1 Group U occupancies. Illumination is not required in Group U occupancies.

1104.5.1.2 Aisle accessways. Illumination is not required for aisle accessways.

1104.5.1.3 Dwelling units and sleeping rooms. Illumination is not required for dwelling units and sleeping rooms of Group I, R-1, R-2, and R-3 occupancies.

1104.5.2 Illumination level. Floors and other walking surfaces within the means of egress shall be illuminated according to Sections 1104.5.2.1 and 1104.5.2.2:

1104.5.2.1 General. The means of egress illumination level shall not be less than one foot-candle (11 lux) at the floor level.

1104.5.2.2 Assembly performances. In assembly occupancies, the illumination of the floors of exit access shall be at least 0.2 foot-candle (2.2 lux) during periods of performances or projections involving directed light.

1104.5.3 Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premises' electrical supply. In the event of power supply failure, illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress:

Group A having 50 or more occupants. Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300 are not required to have emergency illumination.
Group B buildings three or more stories in height, buildings with 100 or more occupants above or below the level of exit discharge, or buildings with 1,000 or more total occupants.
Group E in interior stairs, corridors, windowless areas with student occupancy, shops, and laboratories.
Group F having more than 100 occupants. Buildings used only during daylight hours that are provided with windows for natural light are not required to have emergency illumination.
Group I.
Group M buildings greater than 3,000 square feet (2,879 m2) in gross sales area or exceeding one story in height.
Group R-1. Where each guest room has direct access to the outside of the building at grade, emergency illumination is not required.
Group R-2. Where each living unit has direct access to the outside of the building at grade, emergency illumination is not required.
Group R-4. Where each sleeping room has direct access to the outside of the building at ground level, emergency illumination is not required.

The emergency power system shall provide power for not less than 30 minutes and consist of storage batteries, unit equipment, or an on-site generator. The installation of the emergency power system shall be in accordance with Section 1203.

Subp. 5. IFC section 1104.6.

IFC section 1104.6 and its subsections are deleted entirely and replaced with the following:

1104.6 Guards. Guards complying with this section shall be provided at the open sides of means of egress that are more than 30 inches (762 mm) above the floor or grade below.

Exception: Approved existing open guards.

1104.6.1 Height of guards. Guards shall form a protective barrier not less than 42 inches (1,067 mm) high except for the following existing guards:

Existing guards on the open side of stairs, which are permitted to be not less than 30 inches (760 mm) high.
Existing guards within dwelling units, which are permitted to be not less than 36 inches (910 mm) high.
Existing guards in assembly areas.
Existing guards on stairs and balconies of buildings designated as historic structures, which are permitted to be not less than 24 inches (610 mm) high.

1104.6.2 Opening limitations. Open guards shall have balusters or ornamental patterns such that a 6-inch (152 mm) diameter sphere cannot pass through any opening up to a height of 34 inches (864 mm) except when one of the following conditions exist:

At elevated walking surfaces for access to and use of electrical, mechanical, or plumbing systems or equipment, guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches (533 mm) cannot pass through any opening.
In occupancies in Group I-3, F, H, or S, the clear distance between intermediate rails measured at right angles to the rails shall not exceed 21 inches (533 mm).

Subp. 6. IFC section 1104.7.

IFC section 1104.7 and its subsections are deleted entirely and replaced with the following:

1104.7 Doors - general. Except where modified by Section 1010.1.2, doors shall be of the side-hinged swing type. Doors shall swing in the direction of egress travel when serving an occupant load of 50 or more persons. The minimum width of each door opening shall be sufficient for the occupant load thereof. Locks and latches shall comply with Sections 1010.1.9 through 1010.1.11.4.

1104.7.1 Size of doors. Except where modified by this section, each required means of egress door shall comply with the minimum dimensions specified herein. Doors shall provide a clear width of not less than 28 inches (711 mm). Where this section requires a minimum clear width of 28 inches (711 mm) and a door opening includes two door leaves without a mullion, one leaf shall provide a clear opening width of 28 inches (711 mm). The maximum width of a swinging door leaf shall be 48 inches (1,219 mm) nominal. The height of doors shall not be less than 80 inches (2,032 mm).

1104.7.1.1 Closets. Door openings to storage closets less than 10 square feet (0.93 m2) in area shall not be limited by the minimum width.

1104.7.1.2 Revolving doors. Width of door leaves in revolving doors shall not be limited.

1104.7.1.3 Dwelling units. Door openings within a dwelling unit are permitted to be 78 inches (1,981 mm) in height.

1104.7.1.4 Small rooms. Exit access doors serving a room not larger than 70 square feet (6.5 m2) are permitted to be 24 inches (610 mm) in door width.

1104.7.1.5 Health care facilities. The minimum clear width for doors in the means of egress from hospitals; nursing homes; limited care facilities; psychiatric hospital sleeping rooms; and diagnostic and treatment areas, such as x-ray, surgery, or physical therapy, shall be not less than 32 inches (810 mm) wide. Existing 34-inch (865 mm) doors shall be permitted. Existing 28-inch (710 mm) corridor doors in facilities where the fire plans do not require evacuation by bed, gurney, or wheelchair shall be permitted.

Subp. 7. IFC section 1104.10.

IFC section 1104.10 and subsection 1104.10.1 are amended to read:

1104.10 Stair dimensions for existing stairs. Existing stairs in buildings shall be permitted to remain if the rise does not exceed 8.25 inches (210 mm) and the run is not less than 9 inches (229 mm). Existing stairs are permitted to have a minimum width of 36 inches (914 mm) but not less than the width required for the number of occupants served as determined by Section 1005.1. Existing stairs can be rebuilt.

1104.10.1 Stair dimensions for replacement stairs. The replacement of an existing stairway in a structure shall not be required to comply with the new stairway requirements of Section 1011 where the existing space and construction will not allow a reduction in pitch or slope.

Subp. 8. IFC section 1104.12.

IFC section 1104.12 is amended to read:

1104.12 Circular stairways. Existing circular stairs shall be allowed to continue in use provided the minimum depth of tread at the outside of the stair is at least 10 inches (254 mm).

Subp. 9. IFC section 1104.16.

IFC section 1104.16 and its subsections are deleted in their entirety and replaced with the following:

1104.16 Fire escape stairs. Fire escape stairs shall comply with Sections 1104.16.1 through 1104.16.7.

1104.16.1 Existing means of egress. Fire escape stairs shall be permitted in existing buildings but shall not constitute more than 50 percent of the required exit capacity.

1104.16.2 Protection of openings. Openings within 10 feet (3,048 mm) of fire escape stairs shall be protected by fire assemblies having a minimum 3/4-hour fire-resistance rating. In buildings equipped throughout with an approved automatic sprinkler system, opening protection is not required.

1104.16.3 Dimensions. Fire escape stairs shall meet the minimum width, capacity, riser height, and tread depth as specified in Table 1104.16.

1104.16.4 Access. Access to a fire escape from a corridor shall not be through an intervening room. Access to a fire escape stair shall be from a door or window meeting the criteria of Section 1005.3.2. Access to a fire escape stair shall be directly to a balcony, landing, or platform. These shall be no higher than the floor or windowsill level and no lower than 8 inches (203 mm) below the floor level or 18 inches (457 mm) below the windowsill.

1104.16.5 Materials and strength. Components of fire escape stairs shall be constructed of noncombustible materials.

Fire escape stairs and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot (4.78 kN/m2). Fire escape stairs and balconies shall be provided with a top and intermediate handrail on each side.

The fire code official is authorized to require testing or other satisfactory evidence that an existing fire escape stair meets the requirements of this section.

1104.16.6 Termination. The lowest balcony shall not be more than 18 feet (5,486 mm) from the ground. Fire escape stairs shall extend to the ground or be provided with counterbalanced stairs reaching the ground. For fire escape stairs serving ten or fewer occupants, an approved fire escape ladder is allowed to serve as the termination for fire escape stairs.

1104.16.7 Maintenance. Fire escapes shall be kept clear and unobstructed at all times and shall be maintained in good working order.

TABLE 1104.16

DIMENSIONS FOR EXISTING FIRE ESCAPE STAIRS

Subp. 10. IFC section 1104.17.

IFC section 1104.17 and its subsections are deleted entirely and replaced with the following:

1104.17 Corridors. Corridors, common path of travel, and travel distance shall comply with Sections 1104.17.1 through 1104.17.4.1. Corridors complying with Section 1020.1 need not be fire-resistance rated.

1104.17.1 Construction. Corridors shall be fire-resistance rated in accordance with this section and Table 1104.17.1. Existing walls surfaced with wood lath and plaster in good condition or 1/2-inch gypsum wallboard are acceptable for corridor walls and ceilings. Where Table 1104.17.1 allows a sprinkler system in lieu of fire-resistance-rated construction, the building shall be protected throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

1104.17.1.1 Existing places of religious worship. In Group A occupancies used as places of religious worship, existing corridor walls, ceilings, and opening protection not in compliance with Section 1104.17.1 may be continued when such buildings are protected with an approved automatic fire alarm system. The fire alarm system shall include automatic smoke detection throughout the exit system and approved detection in all boiler rooms, furnace rooms, mechanical rooms, and storage rooms.

1104.17.1.2 Existing Group B occupancies. In office areas of Group B occupancies not exceeding 10,000 square feet (929 m2) in size, existing corridor walls, ceilings, and opening protection not in compliance with Section 1104.17.1 may be continued when such buildings are protected with an approved automatic fire alarm system. The fire alarm system shall include automatic smoke detection throughout the exit system and approved detection in all boiler rooms, furnace rooms, mechanical rooms, and storage rooms.

1104.17.1.3 Existing Group E occupancies. In Group E occupancies, existing corridor walls, ceilings, and opening protection not in compliance with Section 1104.17.1 may be continued when such buildings are protected with an approved automatic fire alarm system that is monitored by a central, proprietary, or remote station service. The fire alarm system shall include automatic smoke detection throughout the exit system and approved detection in all rooms and areas other than classrooms and offices.

TABLE 1104.17.1

CORRIDOR FIRE-RESISTANCE RATING

1104.17.2 Corridor openings. Openings into corridors shall comply with Sections 1104.17.2.1 through 1104.17.2.3.

1104.17.2.1 Doors. Doors opening into corridors required by Table 1104.17.1 to be fire-resistance rated shall be protected by 20-minute fire assemblies or solid wood doors not less than 1-3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1-3/4 inches (45 mm) thick door, a 1-3/8 inches (35 mm) thick solid bonded wood core door or equivalent insulated steel door shall be permitted. Doors shall be self-closing or automatic-closing by smoke detection.

1104.17.2.2 Other openings. Openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings. Transoms, louvers, and openings other than doors from corridors to rooms shall be automatic-closing by smoke detection or shall be covered with a minimum of 3/4-inch (19 mm) gypsum wallboard or equivalent material on the room side.

1104.17.2.3 Existing Group I-2 and I-3 occupancies. Group I-3 corridor doors and patient room doors in Group I-2 corridors need not be fire-resistance rated or self-closing where smoke barriers are provided in accordance with the Building Code or NFPA 101.

1104.17.3 Corridor width. The minimum corridor width shall be in accordance with Sections 1104.17.3.1 through 1104.17.3.2.

1104.17.3.1 Minimum width. The minimum corridor width shall be as determined by the occupant load calculations in Section 1005.3 but not less than 36 inches.

1104.17.3.2 Minimum width in mechanical areas. The minimum corridor width is allowed to be reduced to 24 inches (610 mm) for spaces providing access to electrical, mechanical, or plumbing systems.

1104.17.4 Dead ends. Where more than one exit or exit access doorway is required, the exit access shall be arranged such that dead ends do not exceed the limits specified in Section 1104.17.4.1 and Table 1104.17.4.

1104.17.4.1 Wide corridors and dead-end provisions. A dead-end passageway or corridor shall not be limited in length where the length of the dead-end passageway or corridor is less and 2.5 times the least width of the dead-end passageway or corridor.

TABLE 1104.17.4

COMMON PATH, DEAD-END, AND TRAVEL DISTANCE LIMITS (by occupancy)

"Unspr" means unsprinklered and "Spr" means sprinklered.

For SI: 1 foot = 304.8 mm.

a 20 feet for common path serving more than 50 persons; 75 feet for common path serving 50 or fewer persons.

b See Section 1029.9.5 for dead-end aisles in Group A occupancies.

c This dimension is for the total travel distance, assuming incremental portions have fully utilized their allowable maximums. For travel distance within the room, and from the room exit access door to the exit, see the appropriate occupancy chapter.

d See the International Building Code for special requirements on spacing of doors in aircraft hangers.

N/R = No requirements.

Subp. 10a. IFC section 1104.18.

IFC section 1104.18 is deleted.

Subp. 11. IFC section 1104.19.

IFC section 1104.19 is amended to read:

1104.19 Exit access travel distance. Exits shall be located so that the maximum length of exit access travel, measured from the most remote point to an approved exterior exit, vertical exit enclosure, horizontal exit, or exit passageway along the natural and unobstructed path of egress travel, does not exceed the distances given in Table 1104.17.4.

Subp. 12. IFC section 1104.20.

IFC section 1104.20 is amended to read:

1104.20 Common path of egress travel. The common path of egress travel shall not exceed the distances given in Table 1104.17.4.

Subp. 13. IFC section 1104.21.

IFC section 1104.21 is amended to read:

1104.21 Stairway discharge identification. A stairway in an exit enclosure that continues below the level of exit discharge shall be arranged and marked to make the direction of egress to a public way readily identifiable. Stairs that continue one-half story beyond the level of exit discharge need not be provided with barriers where the exit discharge is obvious.

Subp. 14. IFC section 1104.22.

IFC section 1104.22 is amended to read:

1104.22 Exterior stairway protection. Exterior exit stairs shall be separated from the interior of the building as required in Section 1027.6.

Subp. 15. IFC section 1104.23.

IFC section 1104.23 is amended and sections added to read:

1104.23 Minimum aisle width. The minimum clear width of aisles and aisle accessways shall be in accordance with this section and Table 1104.23.

1104.23.1 Aisle and aisle accessway width. Aisles and aisle accessway widths shall be as determined by the occupant load calculations in Section 1005.3, but not less than the widths shown in Table 1104.23.

TABLE 1104.23

MINIMUM AISLE AND AISLE ACCESSWAY WIDTHS

Subp. 16. IFC section 1104.24.

IFC section 1104.24 is amended to read:

1104.24 Stairway floor number signs. Existing stairs shall be marked in accordance with Section 1023.9.

Subp. 17. IFC section 1104.25.

IFC section 1104.25 is amended and sections added to read:

1104.25 Number of means of egress or exits. The number of means of egress doors or exits from a room, area, story, or building shall be in accordance with Sections 1104.25.1 through 1104.25.4 and Table 1104.25.

Where two or more means of egress doors or exits are required from a room or area, such doors shall be separated from each other by a distance not less than one-third of the length of the maximum overall diagonal dimension of the area served.

1104.25.1 Number based on capacity. Two means of egress doors or exits are required from rooms, areas, stories, or buildings when the number of occupants exceeds the values shown in Table 1104.25.

1104.25.1.1 Dormitories. Dormitory sleeping rooms having an exit doorway direct to the exterior are not required to have a second exit or exit access doorway provided that:

a. the room has 16 or fewer occupants;

b. the travel distance from any point in the room to the exit doorway does not exceed 30 feet;

c. the room is not located more than two stories above grade;

d. the room is not located on a level below grade; and

e. the room is provided with an emergency escape window in accordance with Sections 1030.2 through 1030.5 and the escape window is separated from the exit doorway in accordance with Section 1007.1.1.

1104.25.2 Three egress doors or exits required. Three means of egress doors or exits are required from rooms, areas, stories, or buildings when the number of occupants exceeds 500 persons.

1104.25.3 Four egress doors or exits required. Four means of egress doors or exits are required from rooms, areas, stories, or buildings when the number of occupants is 1,001 or more persons.

1104.25.4. Group E laboratories. Group E science laboratories containing hazardous materials shall have two exits when exceeding 1,000 square feet (93 m2) in size.

TABLE 1104.25

TWO EGRESS DOORS OR EXITS REQUIREDa

a Two egress doors or exits shall be required when the number of occupants exceeds the number listed in the table.

Subp. 18. IFC section 1104.26.

IFC section 1104 is amended by adding section 1104.26 and subsections to read:

1104.26 Escape windows. In Group R and Group I-1 occupancies, escape windows shall be provided, installed, and maintained in rooms used for sleeping below the fourth story. A readily accessible escape window shall be provided from basement levels occupied as a licensed family or group family child care home. Escape windows shall be in accordance with this section.

1104.26.1 Escape windows not required. Emergency escape windows are not required for the following conditions:

If the room has a door that leads directly to the exterior of the building.
In dwellings and structures constructed prior to July 1, 1972, provided they are not licensed by Minnesota or used for transient lodging.
If the building is protected throughout by an approved, automatic sprinkler system installed in accordance with Section 903.3.
From rooms of existing buildings having two separate means of escape, provided that the means of escape are independent of each other and they pass through only one adjacent nonlockable room or area.
In Group R hotels or motels constructed prior to April 11, 1983.

1104.26.2 Minimum size and dimensions. Escape window openings shall have a minimum net clear opening area of 4.5 square feet (648 square inches). Opening height and width dimensions shall not be less than 20 inches.

1104.26.3 Maximum height from floor. The maximum height from the floor to the window sill opening shall not exceed 48 inches.

1104.26.4 Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court.

1104.26.5 Window wells. An escape window opening with a finished sill height below the adjacent ground level shall be provided with a window well in accordance with Sections 1104.26.5.1 through 1104.26.5.2.

1104.26.5.1 Minimum size. The minimum horizontal area of the window well shall be 9 square feet, with a minimum dimension of 36 inches. The area of the window well shall allow the emergency escape and rescue opening to be fully opened.

1104.26.5.2 Ladders or steps. Window wells with a vertical depth of more than 44 inches shall be equipped with an approved permanently affixed ladder or steps. Ladders or rungs shall have an inside width of at least 12 inches, shall project at least 3 inches from the wall and shall be spaced not more than 18 inches on center vertically for the full height of the window well. The ladder or steps shall not encroach into the required dimensions of the window well by more than 6 inches. The ladder or steps shall not be obstructed by the emergency escape and rescue opening. Ladders or steps required by this section are exempt from the stairway requirements of Sections 1011 and 1104.10 through 1104.13.

1104.26.6 Replacement windows for emergency escape and rescue openings. The replacement of windows provided for emergency escape and egress in Group R-2 and R-3 occupancies regulated by the International Building Code or in one- and two-family dwellings and townhouses regulated by the International Residential Code shall be exempt from the minimum opening size and maximum sill height requirements of the International Building Code or International Residential Code, respectively, where all of the following conditions are met:

the replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window; and
the replacement of the window is not part of a change of occupancy.

1104.26.6.1 Licensed facilities. Required windows in rooms of care facilities licensed or registered by the state of Minnesota shall comply with the provisions of Section 1104.26.6 or Sections 1104.26.2 and 1104.26.3, whichever is more restrictive.

1104.26.7 Operational constraints. Window opening control devices complying with ASTM F 2090 shall be permitted for use on windows required to provide emergency escape and rescue openings.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1105 Section 1105, Separation of Occupancies and Hazardous Areas

IFC section 1105 and all subsections are deleted and replaced with the following:

1105.1 General. Mixed occupancies within the same building and hazardous areas shall be separated in accordance with Sections 1105.2 through 1105.3.2.1.

1105.2 Occupancy separations. Occupancy separations shall be provided in buildings containing Group I and Group R occupancies as specified in Sections 1105.2.1 through 1105.2.3.1. These separations shall be constructed and maintained in accordance with the Building Code. Existing wood lath and plaster in good condition or 1/2-inch (12.7 mm) gypsum wallboard is acceptable where one-hour occupancy separations are required.

1105.2.1 Door openings. Where one-hour fire-resistant construction is required, openings shall be protected by listed fire doors, insulated steel doors, 1-3/8-inch thick (35 mm) or 1-3/4-inch thick (45 mm) solid wood doors, or fixed wired glass set in steel frames. Doors shall be self-closing or automatic-closing by smoke detection.

1105.2.2 Group I-1 and Group I-2 occupancies. Group I-1 and Group I-2 occupancies shall be separated from other occupancies as specified in the Building Code.

1105.2.3 Group I-3 occupancies. Group I-3 occupancies shall be separated from other occupancies as specified in the Building Code.

1105.2.3.1 Group I-3 compliance options. Occupancy separations need not be provided for Group I-3 occupancies in the following conditions:

In buildings that are protected throughout by an approved automatic sprinkler system, one-hour fire-resistance-rated construction is permitted.
In buildings that are protected throughout by an approved automatic sprinkler system, openings for the passage of materials between the Group I-3 and adjacent occupancies are not required to be fire-resistance rated when such openings are not more than 4 feet (1,219 mm) above the floor and are provided with a metal cover or door.

1105.2.4 Group R occupancies. Group R occupancies and the exits therefrom shall be separated from Group A, B, M, S, and U occupancies by at least one-hour fire-resistance-rated construction. Group R occupancies shall be separated from all other occupancies as specified in the Building Code.

1105.2.4.1 Group R compliance options. Occupancy separations need not be provided for Group R occupancies in the following conditions:

In buildings that are protected throughout by an approved automatic sprinkler system, one-hour occupancy separations need not be provided.
An occupancy separation need not be provided between Group A and Group R occupancies if the building is provided with a fire alarm system having automatic smoke detection throughout the Group A occupancy.
Fire-resistance-rated opening protection need not be provided between Group A and Group R occupancies when such openings are designed to resist the passage of smoke and the openings are protected by an approved automatic sprinkler system.
An occupancy separation need not be provided where two or more occupancies occur in the same building or structure and are so intermingled that separations are impracticable provided that the exit provisions and protection requirements for the more restrictive occupancy are provided.
An occupancy separation need not be provided between a Group R-3 occupancy with sleeping accommodations for ten or fewer persons and Group B or Group M occupancies which are accessory if interconnected smoke alarms are provided. At least one smoke alarm shall be located in the Group B or Group M occupancy and additional alarms may be needed in accordance with manufacturer's instructions. Smoke alarms in the sleeping areas shall be located as specified in Section 1103.8 and shall be audible in all sleeping areas.

1105.3 Incidental use areas. Incidental use areas shall be separated from the rest of the building in accordance with this section. Incidental use areas are defined as shops, laboratories containing hazardous materials, laundry rooms exceeding 100 square feet in size, and rooms containing boilers or central heating plants where the largest piece of fuel equipment exceeds 400,000 Btu per hour input.

1105.3.1 Separation required. Incidental use areas in Groups A, B, E, F, H, I, M, R-1, R-2, and S occupancies shall be separated from the rest of the building by not less than a one-hour fire barrier. Existing wood lath and plaster in good condition or 1/2-inch (12.7 mm) gypsum wallboard is acceptable where one-hour fire barriers are required. Storage rooms need not be separated in Groups F, M, or S occupancies.

1105.3.2 Sprinkler protection in lieu of separation. Incidental use areas in Groups A, B, E, F, H, M, and S occupancies need not be separated when the incidental use area is protected with automatic sprinklers.

1105.3.2.1 Groups I and R occupancies. Incidental use areas in Groups I and R occupancies need not be separated when the incidental use area is protected with automatic sprinklers and the construction of such areas is capable of resisting the passage of smoke. Doors to such areas shall be a minimum of one-hour fire-rated, solid-core wood doors or insulated steel doors. Doors shall be self-closing or automatic-closing by smoke detection.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1106 [Renumbered 7511.1105]

[Renumbered 7511.1105]

Minn. R. 7511.1203 Section 1203, Emergency and Standby Power Systems

IFC section 1203.2.14 is amended to read:

1203.2.14 Means of egress illumination. Emergency power shall be provided for means of egress illumination in accordance with Sections 1008.3 and 1104.5.3.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.1204 Section 1204, Solar Photovoltaic Power Systems

Subpart 1. IFC section 1204.1

IFC section 1204.1 is amended and subsections are added to read:

1204.1 General. Solar energy systems shall be installed in accordance with Sections 1204.1 through 1204.6 and the Building Code.

Exception: Buildings regulated by Minnesota Rules, chapter 1309, the Minnesota Residential Code.

1204.1.1 Minnesota Electrical Code. The electrical portion of solar PV systems shall be installed in accordance with the Minnesota Electrical Code.

1204.1.2 Roof access points. Roof access points shall meet all the following criteria.

Roof access points shall be located where fire departments have ground access.
Roof access points shall be located in areas that do not require the placement of fire department ground ladders over openings such as windows or doors.
Roof access points shall be located at strong points of building construction capable of supporting emergency responders.
Roof access points shall be in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.
Each roof access point shall be provided with a landing on the roof side not less than 6 feet in each direction. The landing shall be free and clear of obstructions such as vent pipes, conduit, and mechanical and electrical equipment.
Roof access point landings on roofs with slopes greater than 2 units vertical in 12 units horizontal (2:12) shall be positioned with direct access to a pathway to ridge.
Each solar array or grouping of arrays shall have not less than two roof access points spaced not closer than 1/3 the diagonal dimension of the array or arrays served.

Subp. 2. IFC section 1204.2.

IFC section 1204.2 and its subsections are entirely deleted and replaced with the following:

1204.2 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections 1204.2.1 through 1204.3.3. Pathways shall be over areas capable of supporting firefighters accessing the roof. Pathways shall be located in areas without obstructions such as vent pipes, conduit, and mechanical and electrical equipment.

Exceptions:

Detached, nonhabitable Group U structures including, but not limited to, detached garages serving Group R-3 buildings, parking shade structures, carports, solar trellises, and similar structures.
Roof access, pathways, and spacing requirements need not be provided where the fire code official has determined that rooftop operations will not be employed.

1204.2.1 Solar photovoltaic system for roof slopes greater than 2 units vertical in 12 units horizontal (2:12). Solar photovoltaic systems for buildings with roof slopes greater than 2 units vertical in 12 units horizontal (2:12) shall comply with Sections 1204.2.1.1 through 1204.2.1.3.

1204.2.1.1 Pathways to ridge. Not fewer than two 36-inch wide pathways on separate roof planes, from the lowest roof edge to ridge, shall be provided on all buildings. Pathways shall be provided at intervals not greater than 150 feet throughout the length and width of the roof. Not fewer than one pathway shall be provided on the street or driveway side, or fire-department-access side, of the roof. For each roof plane with a photovoltaic array, not fewer than one 36-inch wide pathway from lowest roof edge to ridge shall be provided on the same roof plane as the photovoltaic array, on an adjacent roof plane, or straddling the same and adjacent roof planes.

1204.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge. For photovoltaic arrays occupying more than 33 percent of the plan view total roof area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal ridge.

1204.2.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is installed within the building, setbacks at the ridge shall conform to one of the following criteria:

For photovoltaic arrays occupying 66 percent or less of the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge.
For photovoltaic arrays occupying more than 66 percent of the plan view total roof area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal ridge.

1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R buildings shall not be placed on the portion of a roof that is below an emergency escape and rescue opening. A pathway of not less than 36 inches (914 mm) wide shall be provided from the roof edge to the emergency escape and rescue opening.

Subp. 3. IFC section 1204.3.

IFC section 1204.3 and its subsections are entirely deleted and replaced with the following:

1204.3 Solar photovoltaic systems for roofs with slopes of 2 units vertical in 12 units horizontal or less. Access to systems for buildings with roofs with slopes of 2 units vertical in 12 units horizontal (2:12) or less shall be provided in accordance with Sections 1204.3.1 through 1204.3.3.

1204.3.1 Perimeter pathways. There shall be a minimum 6-foot wide (1,829 mm) clear perimeter around the edges of the roof.

Exception: Where either axis of the building is 250 feet (76,220 mm) or less, the clear perimeter around the edges of the roof shall be permitted to be reduced to a minimum width of 4 feet (1,219 mm).

1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the following requirements:

Pathways shall be provided at intervals not greater than 150 feet (45,720 mm) throughout the length and width of the roof.
A pathway of not less than 4 feet (1,219 mm) wide in a straight line to roof standpipes or ventilation hatches.
A pathway not less than 4 feet (1,219 mm) wide around roof access hatches, with not fewer than one such pathway to a parapet or roof edge.
A pathway not less than 4 feet (1,219 mm) wide from the perimeter pathway to an emergency escape and rescue opening located above the roof.

1204.3.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements:

Where non-gravity-operated smoke and heat vents occur, a pathway not less than 4 feet (1,219 mm) wide shall be provided bordering all sides.
Smoke ventilation options between array sections shall be one of the following:

2.1 A pathway not less than 8 feet (2,438 mm) wide.

2.2 Where gravity-operated dropout smoke and heat vents occur, a pathway not less than 4 feet (1,219 mm) wide on at least one side.

2.3 A pathway not less than 4 feet (1,219 mm) wide bordering 4-foot by 8-foot (1,219 mm by 2,438 mm) venting cutouts every 20 feet (6,096 mm) on alternating sides of the pathway.

Subp. 4. IFC section 1204.6

IFC section 1204 is amended by adding a section to read:

1204.6 Maintenance. Equipment labeling, access, pathways, and setbacks for solar photovoltaic power systems shall be continuously maintained. Existing systems shall be maintained in accordance with the code in effect at the time of installation.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.1408 [Renumbered 7511.3308]

[Renumbered 7511.3308]

Minn. R. 7511.2007 Section 2007, Helistops and Heliports

IFC section 2007.5 is amended to read:

2007.5 Standpipe systems. A building with a rooftop helistop or heliport shall be provided with a Class 1 standpipe system extended to the roof level on which the helistop or heliport is located. All portions of the helistop and heliport area shall be within 150 feet (45,720 mm) of a 2-1/2 inch (63.5 mm) outlet on the standpipe system.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.2206 [Renumbered 7511.2306]

[Renumbered 7511.2306]

Minn. R. 7511.2210 [Renumbered 7511.2310]

[Renumbered 7511.2310]

Minn. R. 7511.2306 [Renumbered 7511.3206]

[Renumbered 7511.3206]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.2307 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.2310 Section 2310, Marine Motor Fuel-Dispensing Facilities

IFC section 2310.3.1 is deleted.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.2404 Section 2404, Spray Finishing

IFC section 2404.2, Exception 2, is amended to read:

In buildings other than Group A, I, or R occupancies, approved limited spraying space in accordance with Section 2404.9.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.2701 [Renumbered 7511.5001]

[Renumbered 7511.5001]

Minn. R. 7511.2703 Repealed by subpart

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 2.

[Renumbered 7511.5003]

Minn. R. 7511.3006 [Renumbered 7511.5306]

[Renumbered 7511.5306]

Minn. R. 7511.3201 [Renumbered 7511.5501]

[Renumbered 7511.5501]

Minn. R. 7511.3206 Section 3206, General Fire Protection and Life Safety Features

IFC section 3206.1 is amended to read:

3206.1 General. Fire-protection and life-safety features for high-piled storage areas shall be in accordance with Section 3206. Nationally recognized standards or guidelines, as applicable, are allowed to be used when approved by the fire chief.

Exception: Limited high-piled storage areas in Group M occupancies not exceeding five percent of the total square footage of the building or not exceeding 2,500 square feet (232 m2) in size, whichever is less, need not be separated by fire-resistance-rated construction and need not comply with the smoke and heat removal and draft curtain requirements of this article when these buildings are protected throughout by an approved automatic sprinkler system.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.3301 [Renumbered 7511.5601]

[Renumbered 7511.5601]

Minn. R. 7511.3308 [Renumbered 7511.5608]

[Renumbered 7511.5608]

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

5003.8.3.6 Hazardous materials above the third floor in laboratories in Group B, E or I-2 occupancies. Control areas containing laboratories located above the third floor in Group B, E or I-2 occupancies may be exempted from the provisions of Sections 5003.8.3.1, 5003.8.3.3, and 5003.8.3.4 provided the following conditions are met:

The buildings containing the laboratories are equipped throughout with automatic sprinkler protection installed in accordance with Section 903.3.1.1.
Control areas containing laboratories located above the third floor are separated from each other and other portions of the building by a fire barrier having a fire-resistance rating of not less than two hours.
The maximum amount of hazardous materials in storage and use in control areas containing laboratories does not exceed 10 percent of the maximum allowable quantities listed in Tables 5003.1.1(1) and 5003.1.1(2) with all increases allowed in the footnotes of those tables.
The maximum number of control areas containing laboratories shall not exceed 5 per floor.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.5306 Section 5306, Medical Gases

IFC section 5306 is amended by adding a subsection to read:

5306.6 Domestic storage and use of medical gases. The storage and use of medical gases for personal use within a dwelling or dwelling unit shall comply with NFPA 99.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.5501 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.5601 Section 5601, General

IFC section 5601.2 and all subsections are deleted.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.5608 Section 5608, Fireworks Display

IFC section 5608.1 is amended by adding a section to read:

5608.1.1 Displays. Permits are required to conduct a fireworks display. A fireworks display is only permitted when supervised by a pyrotechnic operator certified by the state fire marshal. Unless specifically exempted by the jurisdiction, the sponsor of the proposed fireworks display must submit a written application for permit at least fifteen (15) days in advance of the date of the display. In addition to the information required in Section 5608.2, the permit application shall include the number, type and size of the fireworks to be discharged. For proximate audience displays, the plans required by Section 5608.2 shall also show the fallout radius for each pyrotechnic device used during the display. At the time of permit application, the fire chief shall be consulted regarding requirements for standby fire apparatus and personnel.

Exception: Jurisdictions are authorized to not require permits for displays involving the use of smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical productions. Such displays must be conducted in accordance with this code.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.5609 Section 5609, Temporary Storage of Fireworks

IFC section 5609.1. IFC section 5609.1 is deleted.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437

Minn. R. 7511.5704 Section 5704, Storage

Subpart 1. IFC section 5704.1.1.

IFC section 5704.1 is amended by adding a section to read:

5704.1.1 Application of sprinkler protection tables. Tables 5704.3.6.3 (4) through 5704.3.6.3 (8) shall only apply to liquids stored in metal containers and tanks. For liquids stored in nonmetallic containers, nonmetallic portable tanks or rigid nonmetallic intermediate bulk containers, sprinkler protection shall be designed and installed in accordance with criteria based on full-scale fire testing conducted at an approved testing laboratory or based on other nationally recognized fire safety standards approved by the code official.

Subp. 2. IFC section 5704.2.11.2.

IFC section 5704.2.11.2 is amended by adding sections to read:

5704.2.11.2.1 Burial depth. The maximum burial depth for underground storage tanks shall be specified by the tank manufacturer, marked on the tank, and in accordance with NFPA 30.

5704.2.11.2.2 Minimum depth of cover. Underground tanks shall be covered with not less than 24 inches (600 mm) of earth, or not less than 12 inches (300 mm) of earth on top of which shall be placed a slab of reinforced concrete not less than 4 inches (100 mm) thick. Where the tanks are subjected to traffic, they shall be protected against damage from vehicles passing over them by at least 36 inches (900 mm) of earth cover, or 18 inches (450 mm) of well-tamped earth plus either 6 inches (150 mm) of reinforced concrete or 8 inches (200 mm) of asphaltic concrete. When asphaltic or reinforced concrete paving is used as part of the protection, it shall extend at least 12 inches (300 mm) horizontally beyond the outline of the tank in all directions.

Subp. 3. IFC section 5704.3.1.2.

IFC section 5704.3.1 is amended by adding a section to read:

5704.3.1.2 Rigid nonmetallic intermediate bulk containers. The design, construction and capacity of rigid nonmetallic intermediate bulk containers for the storage of flammable and combustible liquids shall be in accordance with this section and NFPA 30. When inside buildings, rigid nonmetallic intermediate bulk containers containing flammable or combustible liquids shall be subjected to a standard fire test that demonstrates acceptable inside storage fire performance and shall be listed and labeled in accordance with UL 2368, Standard for Fire Exposure Testing of Intermediate Bulk Containers for Flammable and Combustible Liquids, 2014.

Subp. 4. IFC section 5704.3.3.

IFC section 5704.3.3 and its subsections are amended to read:

5704.3.3 Indoor storage. Storage of flammable and combustible liquids inside buildings in containers and portable tanks shall be in accordance with Sections 5704.3.3.1 through 5704.3.3.11.

Exceptions:

Liquids in the fuel tanks of motor vehicles, aircraft, boats, or portable or stationary engines.
The storage of distilled spirits and wines in wooden barrels or casks.

(Sections 5704.3.3.1 to 5704.3.3.10 remain unchanged.)

5704.3.3.11 Fire-extinguishing systems. Automatic sprinkler and foam-water systems provided for the protection of container, intermediate bulk container and portable tank storage shall be of the wet pipe, deluge, or preaction type. If preaction systems are used, they shall be designed so that water or foam solution discharges immediately from the sprinkler opened by heat from a fire.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.5706 Section 5706, Special Operations

Subpart 1. IFC section 5706.5.1.18.

IFC section 5706.5.1.18 is amended by adding an exception to read:

Facilities where all control valves are locked in the closed position or the power supply to the pumps is locked in the off position in an approved manner to prevent the dispensing of liquids by unauthorized persons.

Subp. 2. IFC section 5706.5.4.

IFC section 5706.5.4 is amended to read:

5706.5.4 Liquid transfers from tank vehicles and tank cars. Class I liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank or approved portable tank, except as provided in Sections 5706.5.4.1 through 5706.5.4.4. Class II and III-A liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank, approved container or approved portable tank, except as provided in Sections 5706.5.4.1 through 5706.5.4.5.

Subp. 3. IFC section 5706.5.4.1.

IFC section 5706.5.4.1 is amended to read:

5706.5.4.1 Marine craft and special equipment. Liquids intended for use as motor fuels are allowed to be transferred from tank vehicles into the fuel tanks of marine craft and motor vehicles when approved by the fire chief, and when:

The tank vehicle's specific function is that of supplying fuel to motor vehicles;
The operation is not performed where the public has access or where there is unusual exposure to life or property;
The distance between the tank vehicle and vehicle being refueled does not exceed 50 feet in length; and
All equipment is approved for use with the fuel being transferred.

Subp. 4. IFC section 5706.6.4.

IFC section 5706.6.4 is amended to read:

5706.6.4 Portable fire extinguisher. Tank vehicles shall be equipped with a portable fire extinguisher in accordance with Code of Federal Regulations, title 49, section 393.95.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.5707 Section 5707, on-Demand Mobile Fueling Operations

IFC section 5707.2 is amended to read:

5707.2 Mobile fueling vehicle. An on-demand mobile fueling vehicle shall be a vehicle that has chassis-mounted tanks or containers where the aggregate cargo capacity does not exceed 1,200 gallons (4,592 L). A mobile fueling vehicle with a mounted tank in excess of 110 gallons (415 L) shall comply with the requirements of Sections 5706.6 and 5707, and NFPA 385. The mobile fueling vehicle shall comply with all local, state, and federal requirements. The mobile fueling vehicle and its equipment shall be maintained in good repair.

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.6101 Chapter 61, Liquefied Petroleum Gases

Chapter 61 is deleted in its entirety and replaced with the following:

CHAPTER 61

LIQUEFIED PETROLEUM GASES

SECTION 6101

NFPA STANDARD NO. 58 INCORPORATED

6101.1 Incorporation by reference. The storage, handling, transportation, and use of liquefied petroleum gas and the installation of all equipment pertinent to systems for such uses shall be designed, constructed, installed, operated, and maintained in accordance with the provisions of NFPA Standard No. 58, Liquefied Petroleum Gas Code (Quincy, Massachusetts, 2017). Standard No. 58, as amended by Section 6102, is incorporated by reference, is not subject to frequent change, and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.

SECTION 6102

AMENDMENTS TO NFPA STANDARD NO. 58

6102.1 Amendments. NFPA 58 shall apply to the storage, handling, transportation, and use of liquefied petroleum gas and the installation of all equipment pertinent to systems for such uses, except as amended by this section.

Section 6.5.3.8 of NFPA Standard No. 58 is amended to read:

6.5.3.8. No horizontal separation shall be required between aboveground LP-Gas containers and underground tanks containing flammable or combustible liquids installed in accordance with Chapter 57 of the International Fire Code.

Section 6.5.3.11 of NFPA Standard No. 58 is amended to read:

6.5.3.11 The minimum separation between LP-Gas containers and liquefied hydrogen containers shall be in accordance with Chapter 55 of the International Fire Code.

Footnote "b" of Table 6.7.2.1 of NFPA Standard No. 58 is amended to read:

b. Walls constructed of noncombustible materials having a fire rating of at least one hour as determined by the Building Code.

Section 6.8.7.1 of NFPA Standard No. 58 is amended to read:

6.8.7.1. Installation of containers on roofs of buildings shall be prohibited.

Section 6.8.7.2 of NFPA Standard No. 58 is deleted.
Section 6.22.11.1 of NFPA Standard No. 58 is deleted.
Section 6.25.2.1 of NFPA Standard No. 58 is amended to read:

6.25.2.1 Electrical equipment and wiring shall be of a type specified by and shall be installed in accordance with the Minnesota Electrical Code for ordinary locations except that fixed electrical equipment in classified areas shall comply with Section 6.25.2.2.

The first sentence of Section 6.25.2.2 of NFPA Standard No. 58 is amended to read:

6.25.2.2 Fixed electrical equipment and wiring installed within the classified areas specified in Table 6.25.2.2 shall comply with Table 6.25.2.2 and shall be installed in accordance with the Minnesota Electrical Code.

Section 10.2.3 of NFPA Standard No. 58 is amended to read:

10.2.3 Structure or building heating. Heating shall be by steam or hot water radiation or other heating transfer medium with the heat source located outside the building or structure (see Section 6.25, Ignition Source Control), or by electrical appliances listed for Class I, Group D, Division 2 locations, in accordance with the Minnesota Electrical Code.

History

Statutory Authority: MS s 326B.02
History: 40 SR 1437; 44 SR 610

Minn. R. 7511.7900 Amendments to Appendices of International Fire Code

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 2. IFC Appendix O.

The IFC is amended by adding an Appendix O to read:

The provisions contained in this appendix are not mandatory unless specifically referenced in the local adopting ordinance.

APPENDIX O

FIRES OR BARBECUES ON BALCONIES OR PATIOS

SECTION 1 - OPEN FLAME AND FUEL STORAGE PROHIBITED

1.1 Open flame prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4,572 mm) of the structure.

1.2 Fuel storage prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1.

Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches (457 mm) on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief.

Subp. 3.

[Repealed, 40 SR 1437]

Subp. 4.

[Repealed, 40 SR 1437]

Subp. 5. IFC Appendix P.

The IFC is amended by adding an appendix to read as follows:

The provisions contained in this appendix are not mandatory unless specifically referenced in the local adopting ordinance.

APPENDIX P

EMERGENCY RESPONDER RADIO COVERAGE

P101 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

Whenever an existing wired communication system cannot be repaired or is being replaced, or where not approved.
Within a time frame established by the adopting authority.

Exception: Where it is determined by the fire code official that the radio coverage system is not needed.

P102 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

Exceptions:

Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.
Where it is determined by the fire code official that the radio coverage system is not needed.
In facilities where emergency responder radio coverage is required and such systems, components, or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
Where it is determined to be unreasonably burdensome to implement an approved radio coverage system.

P103 Permit required. A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

P104 Technical requirements. Systems, components, and equipment required to provide emergency responder radio coverage system shall comply with Sections P104.1 through P104.2.6.

P104.1 Radio signal strength. The building shall be considered to have acceptable emergency responder radio coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the signal strength requirements in Sections P104.1.1 and P104.1.2.

P104.1.1 Minimum signal strength into the building. A minimum signal strength of -95 dBm shall be receivable within the building at a hip-worn device.

P104.1.2 Minimum signal strength out of the building. A minimum signal strength of -95 dBm shall be received by the agency's radio system when transmitted from within the building from a hip-worn device.

P104.2 System design. The emergency responder radio coverage system shall be designed in accordance with Sections P104.2.1 through P104.2.6.

P104.2.1 In-building coverage systems allowed. Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system, a distributed antenna system with Federal Communications Commission (FCC) certified repeaters, bi-directional amplifiers, picocells or their equivalents, or other system approved by the fire code official in order to achieve the required adequate radio coverage.

P104.2.2 Technical criteria. The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain the various frequencies required, the location of radio sites, effective radiated power of radio sites, and other supporting technical information.

P104.2.3 Standby power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100 percent system capacity for a duration of not less than 12 hours.

P104.2.4 In-building coverage system requirements. If used, in-building coverage systems shall meet the following requirements:

All in-building coverage system components shall be contained in a National Electrical Manufacturer's Association (NEMA) 4-type waterproof cabinet.
Battery systems used for the emergency power source shall be contained in a NEMA 4-type waterproof cabinet.
The in-building coverage system and battery system shall be electrically supervised and monitored by a supervisory service, or when approved by the fire code official, shall sound an audible signal at a constantly attended location.
Equipment shall have FCC certification prior to installation.

P104.2.5 Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC, or public safety entities operating in a given jurisdiction make modifications, changes, or upgrades to their communication system(s) that change the frequencies such systems utilize.

P104.2.6 Availability. The in-building coverage system, in general, shall operate according to its intended specification with "5-9s" availability of 99.999 percent of each year; i.e., no critical component of the system shall be out of normal operation for more than 5.26 minutes of each year.

P105 Installation requirements. The installation of the public safety radio coverage system shall be in accordance with Sections P105.1 through P105.5.

P105.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC shall not be installed without prior coordination and approval of the fire code official.

P105.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include at least one of the following:

Certification of in-building system training issued by a nationally recognized organization or school.
A certificate issued by the manufacturer of the equipment being installed.

These qualifications shall not be required where demonstration of adequate skills and experience satisfactory to the fire code official is provided.

P105.3 Acceptance test procedure. When an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of 95 percent. The test procedure shall be conducted as follows:

Each floor of the building shall be divided into a grid of 20 approximately equal test areas.
The test shall be conducted using a calibrated handheld or hip-worn device of the latest brand and model used by the agency talking through the agency's radio communications system.
Failure of a maximum of two nonadjacent test areas shall not result in failure of the test.
In the event that three of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of a maximum of four nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95 percent coverage requirement.
A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency's radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered failure of that test area. Additional test locations shall not be permitted.
The gain values of all amplifiers, if applicable, shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values.
As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject in-building coverage system. This test shall be conducted at time of installation and subsequent annual inspections.
A test shall be considered a "failure" when a transmission from the test device within the building fails to deliver intelligible audio or data to the appropriate public safety dispatch center or equivalent as would be expected during normal operation; and/or when a transmission from a public safety dispatch center or equivalent fails to deliver intelligible audio or data to the test device within the building as would be expected during normal operation.

P105.5 FCC compliance. The emergency responder radio coverage system installation and components shall also comply with all applicable federal regulations including FCC 47 CFR Part 90.219.

P106 Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections P106.1 through P106.4.

P106.1 Testing and proof of compliance. The emergency responder radio coverage system shall be inspected and tested annually or whenever structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:

In-building coverage test as described in Section P105.3.
Signal boosters in-building coverage systems shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance.
Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If, within the one-hour test period, the battery exhibits symptoms of failure, the test shall be extended for additional one hour periods until the integrity of the battery can be determined.
All other active components shall be checked to verify operation within the manufacturer's specifications.
At the conclusion of the testing, a report, which shall verify compliance with Section P105.3, shall be submitted to the fire code official.

P106.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at their expense in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC, or public safety entities operating in a given jurisdiction make modifications, changes, or upgrades to their communication system(s) that change the frequencies such systems utilize. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section.

P106.3 Field testing. Agency personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage.

P106.4 Planned outages. Any planned outages of the in-building coverage system, such as for replacement or upgrade of the system, shall be done with the written approval of an entity legitimately representing public safety agencies operating within the jurisdiction, such as a county sheriff.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.8000 [Renumbered 7511.8400]

[Renumbered 7511.8400]

History

Statutory Authority: MS s 326B.02
History: 44 SR 610

Minn. R. 7511.8010 [Renumbered 7511.8410]

[Renumbered 7511.8410]

Minn. R. 7511.8020 [Renumbered 7511.8420]

[Renumbered 7511.8420]

Minn. R. 7511.8030 [Renumbered 7511.8430]

[Renumbered 7511.8430]

Minn. R. 7511.8040 [Renumbered 7511.8440]

[Renumbered 7511.8440]

Minn. R. 7511.8100 Chapter 81 - Adult Day Services Centers, Residential Hospice Facilities and Supervised Living Facilities

The IFC is amended by adding Chapter 81 to read:

CHAPTER 81

ADULT DAY SERVICES CENTERS, RESIDENTIAL HOSPICE FACILITIES

AND SUPERVISED LIVING FACILITIES

SECTION 8101

GENERAL

8101.1 Requirements. Adult day services centers, residential hospice facilities and supervised living facilities shall meet the requirements of this chapter.

SECTION 8102

ADULT DAY SERVICES CENTERS

8102.1 Classification of adult day services centers. Adult day services centers are classified in accordance with the following and must meet the fire safety requirements for the designated occupancy classification.

8102.1.1 Serving only participants capable of self-preservation. Centers serving only participants who are capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable requirements for Group E occupancies.

8102.1.2 Serving only participants not capable of self-preservation. Centers serving only participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable requirements for Group I-4 occupancies.

8102.1.3 Serving both participants capable and participants not capable of self-preservation. Centers serving a population that includes both participants who are capable and participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet the occupancy requirements for Group I-4 or Group E occupancies. In addition to the requirements for Group E occupancies, the center shall meet the requirements set forth in Sections 8102.1.3.1 through 8102.1.3.4.

8102.1.3.1 Population. Not more than 50 percent of the center's licensed capacity shall be made up of participants who are not capable of taking appropriate action for self-preservation under emergency conditions.

8102.1.3.2 Location. The center must be located on a floor level with all exits directly to grade without any intervening stairs.

8102.1.3.3 Fire alarm and detection. The center shall be protected with a complete automatic fire alarm system consisting of automatic smoke detection in all corridors and at the top of all stairways and automatic detection in boiler and furnace rooms, kitchens, storage rooms, custodial closets, laundries, and other hazardous areas.

8102.1.3.4 Evacuation time. The center shall demonstrate the ability to evacuate the entire population of the center within three minutes.

SECTION 8103

RESIDENTIAL HOSPICE FACILITIES

8103.1 Classification of residential hospice facilities. Residential hospice facilities meeting the fire-protection provisions of Chapter 32 of NFPA Standard No. 101 (Quincy, Massachusetts, 2012) for impractical evacuation capabilities shall be classified as Group R-4 occupancies, if serving six to 12 persons, or as Group R-3 occupancies, if serving five or fewer persons. For purposes of this section, Standard No. 101 ( 2012) Chapter 32 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.

SECTION 8104

SUPERVISED LIVING FACILITIES

8104.1 Classification of supervised living facilities. Supervised living facilities are classified in accordance with Chapter 2 and must meet the fire safety requirements for the designated occupancy classification.

8104.1.1 Class A-1 supervised living facilities. Class A-1 supervised living facilities must meet Group R-3 occupancy requirements.

8104.1.2 Class A-2 supervised living facilities. Class A-2 supervised living facilities housing not more than 16 persons, excluding staff, must meet Group R-4 occupancy requirements. Class A-2 supervised living facilities housing more than 16 persons, excluding staff, must meet Group I-1 occupancy requirements.

8104.1.3 Class B-1 supervised living facilities. Class B-1 supervised living facilities meeting the fire-protection provisions of Chapter 32 of NFPA Standard No. 101 (Quincy, Massachusetts, 2012) for impractical evacuation capabilities shall be classified as Group R-3 occupancies. For the purposes of Sections 8104.1.3 and 8104.1.4, Standard No. 101 (2012) Chapter 32 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

8104.1.4 Class B-2 supervised living facilities. Class B-2 supervised living facilities meeting the fire-protection provisions of Chapter 32 of NFPA Standard No. 101 (Quincy, Massachusetts, 2012) for impractical evacuation capabilities shall be classified as Group R-4 occupancies.

8104.1.5 Class B-3 supervised living facilities. Class B-3 supervised living facilities must meet Group I-2 occupancy requirements.

History

Statutory Authority: MS s 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.8400 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 7511.8400 to 7511.8440 is to prescribe the standard abbreviation and symbol required to be displayed on the exterior of any vehicle carrying liquefied petroleum gas fuel or natural gas in a concealed tank.

Subp. 2. Scope.

The scope of parts 7511.8400 to 7511.8440 is intended to be consistent with Minnesota Statutes, section 169.762.

History

Statutory Authority: MS s 169.762; 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8410 Pressurized Flammable Gas

"Pressurized flammable gas" includes liquefied petroleum gas, compressed natural gas, and liquefied natural gas.

History

Statutory Authority: MS s 169.762; 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8420 Warning Symbol Required

The marking required by Minnesota Statutes, section 169.762, must be displayed on the exterior of a vehicle carrying pressurized flammable gas in a concealed area, whether the gas is the primary fuel or secondary fuel.

History

Statutory Authority: MS s 169.762; 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8430 Symbol Design

Subpart 1. Design.

The required warning symbol must be of a design illustrated as follows:

Subp. 2. Specifications.

The following specifications apply to each of the warning symbols:

A. The symbol must be diamond-shaped, 2-1/2 inches in height, and four inches in width at its highest and widest points respectively.

B. The letters and border must be silver in color.

C. The background must be black in color.

D. The letters within the symbol must be a minimum of one inch in height.

E. The entire symbol, including letters, background, and border, must be made of reflectorized material and not fade or wash away when exposed to weather or other adverse elements.

History

Statutory Authority: MS s 169.762; 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8440 Symbol Placement

A minimum of two warning symbols is required to be displayed. The warning symbols must be displayed in the places specified in item A. If the symbols cannot be clearly displayed or effectively applied to those locations they may be displayed in the places specified in item B. Display at least two symbols as follows:

A. one warning symbol on the extreme left (driver's) side of the rear-facing portion of the rear bumper, and one warning symbol on the extreme right (passenger) side of the front-facing portion of the front bumper; or

B. one warning symbol at least 12 inches but not more than 30 inches above the ground on the rear of the vehicle near the left (driver's) side and one warning symbol at least 12 inches but not more than 30 inches above the ground on the front of the vehicle near the right (passenger) side.

History

Statutory Authority: MS s 169.762; 299F.011; 326B.02
History: 32 SR 10; 40 SR 1437