reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299C — Bureau Of Criminal Apprehension › Section 299C.72 — Minnesota Criminal History Checks.

299C.72 MINNESOTA CRIMINAL HISTORY CHECKS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Applicant for employment" means an individual who seeks either county or city employment or has applied to serve as a volunteer in the county or city.
(c) "Applicant for licensure" means the individual seeks a license issued by the county or city which is not subject to a federal- or state-mandated background check.
(d) "Authorized law enforcement agency" means the county sheriff for checks conducted for county purposes, the police department for checks conducted for city purposes, or the county sheriff for checks conducted for city purposes where there is no police department.
(e) "Criminal history check" means retrieval of criminal history data via the secure network described in section 299C.46.
(f) "Criminal history data" means adult convictions and adult open arrests less than one year old found in the Minnesota computerized criminal history repository.
(g) "Current employee" means an individual presently employed by either a county or city or who presently serves as a volunteer in the county or city.
(h) "Current licensee" means an individual who has previously sought and received a license, which is still presently valid, issued by a county or city.
(i) "Informed consent" has the meaning given in section 13.05, subdivision 4, paragraph (d).
Subd. 2.
Criminal history check authorized.
(a) The criminal history check authorized by this section shall not be used in place of a statutorily mandated or authorized background check.
(b) An authorized law enforcement agency may conduct a criminal history check of an individual who is an applicant for employment, current employee, applicant for licensure, or current licensee. Prior to conducting the criminal history check, the authorized law enforcement agency must receive the informed consent of the individual.
(c) The authorized law enforcement agency may disseminate criminal history data to either the hiring or licensing authority of the city or county requesting checks for applicants, licensees, or current employees. The authorized law enforcement agency and the hiring or licensing authority of the city or county must maintain criminal history data securely and act consistently with section 364.05.
History:
2013 c 82 s 30; 1Sp2021 c 11 art 7 s 16; 2022 c 59 s 1
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299C — Bureau Of Criminal Apprehension › Section 299C.75 — Background Checks; Indian Tribes.

299C.75 BACKGROUND CHECKS; INDIAN TRIBES.
(a) When requested by a law enforcement agency of an Indian tribe with a reservation in this state, the superintendent shall perform a criminal history background check to determine an individual's eligibility for a license, employment, housing, or candidacy for elective office. When requested by the law enforcement agency of the Indian tribe, the superintendent shall exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal history background check. The superintendent shall recover the cost of a background check under this section through a fee charged to the Indian tribe.
(b) For purposes of this section, "Indian tribe" means a tribe, band, nation, or other federally recognized group or community of Indians.
(c) This section does not apply to criminal history background checks conducted under section 3.9221 or 299L.02.
History:
2015 c 8 s 1
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299D — State Patrol › Section 299D.06 — Patrol Employees Who Are Not Troopers.

299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.
(a) Department personnel must be classified employees assigned to the Division of State Patrol if they are employed to enforce:
(1) laws relating to motor vehicle equipment; school bus equipment; drivers' licenses; motor vehicle registration; motor vehicle size and weight; motor carrier insurance, registration, and safety; and motor vehicle petroleum taxes;
(2) Pollution Control Agency rules relating to motor vehicle noise abatement;
(3) laws relating to directing the movement of vehicles; and
(4) the North American uniform out-of-service criteria and issue out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
(b) Employees engaged in these duties, while actually on the job during their working hours only, shall have power to:
(1) issue citations in lieu of arrest and continued detention; and
(2) prepare notices to appear in court for violation of these laws and rules, in the manner provided in section 169.91, subdivision 3.
(c) They shall not be armed and, except as provided in this section, shall have none of the other powers and privileges reserved to peace officers including the power to enforce traffic laws and regulations.
History:
1975 c 204 s 80; 1980 c 614 s 123; 1981 c 37 s 2; 1985 c 248 s 70; 1993 c 326 art 7 s 9; 1997 c 230 s 22; 2008 c 350 art 1 s 82
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299D — State Patrol › Section 299D.07 — Helicopter, Fixed Wing Aircraft.

299D.07 HELICOPTER, FIXED WING AIRCRAFT.
The commissioner of public safety is hereby authorized to retain, acquire, maintain and operate helicopters and fixed wing aircraft for the purposes of the State Patrol and the Bureau of Criminal Apprehension and for any other law enforcement purpose that the commissioner determines is appropriate. The commissioner also is authorized to employ State Patrol officer pilots as required.
History:
1976 c 281 s 5; 1981 c 37 s 2; 1994 c 636 art 4 s 27; 1997 c 239 art 8 s 18; 2005 c 10 art 1 s 62
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299D — State Patrol › Section 299D.08 — Traffic Citation Quota Prohibited.

299D.08 TRAFFIC CITATION QUOTA PROHIBITED.
The State Patrol or a law enforcement agency shall not order, mandate, require, or suggest to a patrol trooper, commercial vehicle inspector, or law compliance representative that the patrol trooper, inspector, or representative issue a certain number of traffic citations on a daily, weekly, monthly, quarterly, or yearly quota basis.
History:
1986 c 474 s 2; 2005 c 46 s 1
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299D — State Patrol › Section 299D.085 — Overdimensional Load Escort Driver.

299D.085 OVERDIMENSIONAL LOAD ESCORT DRIVER.
Subdivision 1.
Definition.
For purposes of this section, "overdimensional load" is a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in chapter 169, or otherwise not in conformity with the provisions of chapter 169.
Subd. 2.
Certificate.
No person may operate as an overdimensional load escort driver in this state without a certificate issued by the commissioner, or by a state with which the commissioner has entered into a reciprocal agreement. The commissioner shall assess a fee for each certificate applicant, calculated to cover the commissioner's cost of establishing and administering the program. No other certification is required to escort an overdimensional load.
Subd. 2a.
MS 2012 [Expired, 2012 c 287 art 3 s 53]
Subd. 3.
Qualifications.
To obtain a certificate to operate as an overdimensional load escort driver, a person must be a minimum of 18 years of age, possess a valid operator's license for the type of vehicle being operated, successfully complete an escort driver certification course developed by the commissioner and offered by the commissioner or authorized agents, and meet all additional requirements, including vehicle and safety equipment standards specified by the commissioner.
Subd. 3a.
Trailer use.
A vehicle or a combination of vehicles may tow a trailer during the movement of an overdimensional load if:
(1) the party involved is a building mover licensed by the commissioner of transportation under section 221.81;
(2) the building being moved is not a temporary structure;
(3) the overdimensional load is a manufactured home, as defined under section 327.31; or
(4) the overdimensional load is a modular home, as defined under section 297A.668, subdivision 8, paragraph (b).
Subd. 4.
Penalty.
A person who violates, or aids or abets the violation of, any provision of this section is guilty of a petty misdemeanor.
Subd. 5.
Rulemaking.
The commissioner of public safety shall adopt rules to carry out the provisions of this section. Notwithstanding section 16A.1283, the rules must specify the fee to be assessed under subdivision 2.
History:
2010 c 311 s 3,4; 2012 c 287 art 3 s 52,53; 2015 c 75 art 2 s 42; 1Sp2019 c 1 art 6 s 1
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299D — State Patrol › Section 299D.09 — Escort Service; Appropriation; Receipts.

299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS.
(a) Fees charged for escort services provided by the State Patrol are annually appropriated to the commissioner of public safety to administer and provide these services.
(b) The fee charged for services provided by the State Patrol shall be set to recover actual costs as determined by the commissioner of public safety by July 1 each year.
(c) The fees charged for State Patrol flight services are $140 an hour for a fixed wing aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air in fiscal year 2012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and $454.84 an hour for the Queen Air in fiscal year 2013 and thereafter.
History:
1989 c 311 s 2; 2007 c 143 art 3 s 8; 2012 c 287 art 3 s 54; 2015 c 75 art 2 s 43
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299D — State Patrol › Section 299D.11 — Vehicle Crimes Unit Annual Report.

299D.11 VEHICLE CRIMES UNIT ANNUAL REPORT.
By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over transportation finance on the vehicle crimes unit. At a minimum, the report must specify the following for the previous calendar year: total revenues generated by the unit; revenues deposited into state funds, listed by fund; the number of cases assigned to the unit; and the number of cases closed.
History:
1Sp2019 c 3 art 3 s 88
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.01 — Fire Marshal.

299F.01 FIRE MARSHAL.
Subdivision 1.
[Repealed, 2014 c 212 art 3 s 1]
Subd. 2.
Division created; state fire marshal.
A division in the Department of Public Safety to be known as the Division of Fire Marshal is hereby created, under the supervision and control of the state fire marshal, to whom shall be assigned the duties and responsibilities described in this chapter. The commissioner may place the fire marshal's position in the unclassified service if the position meets the criteria of section 43A.08, subdivision 1a.
Subd. 3.
[Repealed, 1996 c 310 s 1]
History:
1969 c 1129 art 1 s 2; 1982 c 560 s 55; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 2015 c 21 art 1 s 67
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.0115 — Exemption For Members Of Federally Recognized Tribes.

299F.0115 EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The state fire marshal may issue building-specific waivers from the State Fire Code if there is conflict with a federally recognized Tribe's religious beliefs, traditional building practices, or established teachings. Individual members of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and organizations of members of federally recognized Tribes may apply for these waivers.
(b) Waivers may only be granted for the following types of buildings:
(1) traditional residential buildings that will be used solely by an individual applicant's household or an organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant must apply to the state fire marshal on a form established by the state fire marshal. The application must:
(1) identify the building the waiver will apply to;
(2) identify the Tribe the applicant is a member of; and
(3) declare that requirements of the State Fire Code conflict with religious beliefs, traditional building practices, or established teachings of the identified Tribe, which the applicant adheres to.
(d) Any building for which a waiver is granted may not be sold or leased until:
(1) the building is brought into compliance with the version of the State Fire Code in force at the time of the sale or lease; or
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains a waiver under this section for the building.
History:
1Sp2021 c 11 art 2 s 17
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.013 — Fuel Dispensing.

299F.013 FUEL DISPENSING.
(a) Any rule of the commissioner of public safety that adopts provisions of the State Fire Code relating to flammable and combustible liquids must permit the dispensing of class I and class II liquids from a fuel-dispensing system supplied by exterior aboveground tanks, for operations not open to the public.
(b) The following dispensing operations are permitted:
(1) dispensing of class I liquids from one tank having a capacity of up to 560 gallons having the dispenser located on or adjacent to the tank;
(2) dispensing of class II liquids from up to two tanks having a capacity of up to 1,000 gallons each and having the dispenser located on or adjacent to the tank.
(c) Dispensing operations authorized under this section are subject to all other applicable requirements of the State Fire Code.
History:
1994 c 536 s 24; 2005 c 136 art 9 s 14
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.014 — Petroleum Storage Tanks; Tank Vehicle Parking.

299F.014 PETROLEUM STORAGE TANKS; TANK VEHICLE PARKING.
(a) Any rule of the commissioner of public safety that adopts provisions of the State Fire Code relating to aboveground tanks for petroleum storage that are not used for dispensing to the public is superseded by Minnesota Rules, chapter 7151, in regard to: secondary containment, substance transfer areas, tank and piping standards, overfill protection, corrosion protection, leak detection, labeling, monitoring, maintenance, record keeping, and decommissioning. If Minnesota Rules, chapter 7151, does not address an issue relating to aboveground tanks for petroleum storage that are not used for dispensing to the public, any applicable provision of the State Fire Code applies.
(b) A motorized tank vehicle used to transport petroleum products may be parked within 500 feet of a residence if the vehicle is parked at an aboveground tank facility used for dispensing petroleum into cargo tanks for sale at another location.
History:
1999 c 203 s 8; 2005 c 136 art 9 s 5
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.03 — Special Attorney.

299F.03 SPECIAL ATTORNEY.
The attorney general may appoint a special attorney for the division, whose work shall be under the supervision of the attorney general, who shall fix the compensation, such compensation to be paid out of the fund created under this chapter.
History:
(5953) 1913 c 564 s 4; 1969 c 1129 art 10 s 2
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.037 — Reporting Firefighter Deaths.

299F.037 REPORTING FIREFIGHTER DEATHS.
Whenever an active firefighter dies, whether or not the death is presumed to be in the line of duty, the fire chief of the deceased firefighter must report, without undue delay, the death to the state fire marshal. The notification shall identify the cause of death and contain information concerning the circumstances of the death.
History:
2015 c 75 art 2 s 44
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.05 — Law Enforcement Powers; Information System.

299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.
Subdivision 1.
Investigation, arrest, and prosecution.
On determining that reasonable grounds exist to believe that a violation of sections 609.561 to 609.576 has occurred or that some other crime has occurred in connection with a fire investigated pursuant to section 299F.04, the state fire marshal shall so inform the law enforcement authority having jurisdiction, who shall cooperate with the fire marshal and local fire officials in further investigating the reported incident in a manner that may include supervising and directing the subsequent criminal investigation and taking the testimony on oath of all persons supposed to be cognizant of any facts relating to the matter under investigation. On determining that there is evidence sufficient to charge any person with a violation of sections 609.561 to 609.576, or of any other crime in connection with an investigated fire, the authority having jurisdiction shall have the person arrested and charged with the offense and furnish to the proper prosecuting attorney all relevant evidence, together with the copy of all names of witnesses and all the information obtained by the authority or the state fire marshal, including a copy of all pertinent and material testimony taken in the case.
Subd. 2.
Information system.
The state fire marshal shall maintain a record of arrests, charges filed, and final disposition of all fires reported and investigated under this section and section 299F.04. For this purpose, the Department of Public Safety shall implement a single reporting system utilizing the systems operated by the fire marshal. The system must be operated in such a way as to minimize duplication and discrepancies in reported figures.
History:
(5956) 1913 c 564 s 7; 1978 c 777 s 4; 1986 c 444; 2005 c 136 art 9 s 6; 2022 c 55 art 1 s 146
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.052 — Arson Reporting Immunity Law, Citation.

299F.052 ARSON REPORTING IMMUNITY LAW, CITATION.
Sections 299F.052 to 299F.057 shall be known as the Arson Reporting Immunity Law.
History:
1979 c 226 s 1
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.053 — Definitions.

299F.053 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 299F.052 to 299F.057 the terms defined in this section have the meanings given to them.
Subd. 2.
Authorized person.
"Authorized person" means:
(1) the state fire marshal when authorized or charged with the investigation of fires at the place where the fire actually took place;
(2) superintendent of the Bureau of Criminal Apprehension;
(3) the prosecuting attorney responsible for prosecutions in the county where the fire occurred;
(4) the sheriff or chief of police responsible for investigation in the county where the fire occurred;
(5) the county attorney responsible for the prosecution in the county where the fire occurred;
(6) the Federal Bureau of Investigation or any other federal agency;
(7) the United States Attorney's Office when authorized or charged with investigation or prosecution of a case involving a fire loss;
(8) the chief administrative officer of the municipal arson squad or the chief of the fire department responsible for the investigation of the fire under section 299F.04, subdivision 1; or
(9) the commissioner of commerce.
Subd. 3.
Relevant.
"Relevant" information or evidence means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
History:
1979 c 226 s 2; 1995 c 258 s 63; 1997 c 77 s 5
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.055 — Confidential Data; Evidence.

299F.055 CONFIDENTIAL DATA; EVIDENCE.
Any data received pursuant to sections 299F.052 to 299F.057 by an authorized person or insurance company shall be confidential data pursuant to section 13.02, subdivision 3 until its release is required pursuant to a criminal or civil proceeding.
History:
1979 c 226 s 4; 1981 c 311 s 39; 1982 c 545 s 24
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.056 — Enforcement.

299F.056 ENFORCEMENT.
Subdivision 1.
Refusal to release information.
No insurance company or employee or officer thereof shall intentionally refuse to release any information requested pursuant to section 299F.054, subdivision 1.
Subd. 2.
Refusal to notify authorized person.
No insurance company or employee or officer thereof shall intentionally refuse to provide authorized persons notice or relevant information pursuant to section 299F.054, subdivision 2.
Subd. 3.
Confidentiality of information.
No person shall fail to maintain the confidentiality of the data required to be held as confidential.
Subd. 4.
Penalty.
Whoever violates the provisions of subdivision 1, 2 or 3 is guilty of a misdemeanor.
History:
1979 c 226 s 5
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.057 — Applicability Of Ordinances; Concurrent Jurisdiction.

299F.057 APPLICABILITY OF ORDINANCES; CONCURRENT JURISDICTION.
The provisions of sections 299F.052 to 299F.057 shall not be construed to affect or repeal any ordinance of any municipality relating to fire prevention or the control of arson, but the jurisdiction of the state fire marshal and the superintendent of the Bureau of Criminal Apprehension in the municipality is to be concurrent with that of the municipal and county authorities.
History:
1979 c 226 s 6
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.059 — Juvenile Fire Setter Intervention.

299F.059 JUVENILE FIRE SETTER INTERVENTION.
Subdivision 1.
Intervention network.
The state fire marshal shall establish a statewide juvenile fire setter intervention network. The network shall include a clearinghouse of resources and materials to assist fire service personnel, schools, law enforcement agencies, and mental health professionals in understanding juvenile fire-setting behavior and symptoms and intervening with juveniles who engage in the behavior or display the symptoms. The state fire marshal shall include in the network the comprehensive injury prevention education curriculum provided for in subdivision 2.
Subd. 2.
Educational curriculum.
The state fire marshal shall ensure implementation of a comprehensive injury prevention education curriculum that focuses on juvenile fire play intervention and injury prevention. The curriculum shall be made available to schools and other interested organizations statewide.
Subd. 3.
Annual training forum.
The state fire marshal shall develop strategies and plans designed to reduce the number of juvenile fire-setting incidents. The state fire marshal shall offer an annual training forum for fire service and law enforcement personnel and for juvenile justice, medical, educational, mental health, and other interested professionals to discuss these strategies and other issues relating to juvenile fire setter behavior and symptoms.
Subd. 4.
Media campaign; keeping fire materials away from children.
The state fire marshal shall develop an ongoing media awareness campaign to instruct parents, retailers, and the community on the importance of keeping fire materials away from children and on methods for accomplishing that objective.
History:
1997 c 239 art 8 s 21
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.06 — Testimonial Powers.

299F.06 TESTIMONIAL POWERS.
Subdivision 1.
Summon witnesses; produce documentary evidence.
(a) In order to establish if reasonable grounds exist to believe that a violation of sections 609.561 to 609.576 has occurred, or to determine compliance with the State Fire Code or corrective orders issued under that code, the state fire marshal and the staff designated by the state fire marshal, in any county of the state, may summon and compel the attendance of witnesses to testify before the state fire marshal, chief assistant fire marshal, or deputy state fire marshals and may require the production of any book, paper, or document deemed pertinent.
(b) A summons issued under this subdivision must be served in the same manner and has the same effect as a subpoena issued from a district court. All witnesses must receive the same compensation as is paid to witnesses in district courts, which must be paid out of the fire marshal fund upon a voucher certificate signed by the state fire marshal, chief assistant fire marshal, or deputy fire marshal before whom any witnesses have attended and this officer shall, at the close of the investigation in which the witness was subpoenaed, certify to the attendance and mileage of the witness. This certificate must be filed in the Office of the State Fire Marshal. All investigations held by or under the direction of the state fire marshal or any subordinate may, in the state fire marshal's discretion, be private and persons other than those required to be present by the provisions of this chapter may be excluded from the place where the investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
Subd. 2.
Oath administered.
The state fire marshal, chief assistant state fire marshal, and deputy state fire marshals are each hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before them; and false swearing in any matter or proceeding aforesaid shall be deemed perjury and punished as such.
Subd. 3.
Penalty for refusal to testify or produce evidence.
Any witness who refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of the state fire marshal, chief assistant fire marshal, or deputy state fire marshal in relation to the investigation, or who fails or refuses to produce any paper, book, or document touching any matter under examination, or who is guilty of any contemptuous conduct, after being summoned to appear before them to give testimony in relation to any matter or subject under examination or investigation may be punished by any district court in the same manner as if the proceedings were pending in that court, subject to the provisions of section 588.01.
History:
(5957) 1913 c 564 s 8; 1978 c 777 s 6; 1986 c 444; 1997 c 239 art 8 s 22,23; 2005 c 136 art 9 s 8
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.08 — Premises, When Entered.

299F.08 PREMISES, WHEN ENTERED.
Subdivision 1.
Immediate entry.
In the performance of the duties imposed by the provisions of this chapter, the state fire marshal and subordinates, during and within a reasonable time after a fire has been extinguished, may enter any building or premises where a fire has occurred and other buildings and premises adjoining or near thereto to investigate and gather evidence. In determining whether a search is reasonable within the meaning of this subdivision, the need for investigatory search for the cause of the fire shall be balanced against the privacy rights of the occupant or owner of the building or premises.
Subd. 2.
Administrative search warrant.
(a) After the reasonable time prescribed by subdivision 1 for an investigatory search has expired, subsequent entries to the building or premises to investigate and gather evidence may be made only if there is consent from the owner or occupant of the building or premises or pursuant to an administrative search warrant issued by a judge.
(b) In determining whether to issue an administrative search warrant for the purposes of this subdivision, the judge, in conforming the decision to constitutional doctrine governing warrant procedures for administrative searches, shall consider but not be limited to the following factors:
(1) scope of the proposed search;
(2) number of prior entries by fire officials;
(3) time of day when the search is proposed to be made;
(4) lapse of time since the fire;
(5) continued use of the building; and
(6) the owner's or occupant's efforts to secure the building against intruders.
Subd. 3.
Criminal search warrant.
If during the course of an investigatory search under an administrative search warrant issued in accordance with subdivision 2, the fire marshal or subordinates find probable cause to believe arson has occurred and require further access to the building or premises to gather evidence for possible prosecution, a criminal search warrant must be obtained from a judge.
Subd. 4.
Securing the scene.
In order to prevent the loss, destruction, or alteration of evidence at a fire scene, fire officials may secure fire scenes for up to 48 hours after having extinguished the fire while warrants are obtained or while the investigation authorized in this section is conducted. Fire scene security may be accomplished by preventing any person from entering the fire scene or from removing property from the fire scene. An individual may enter the fire scene if accompanied by the fire official conducting the investigation, or if the individual obtains the fire official's written permission. Persons not complying with the fire security measures under this subdivision are guilty of obstructing legal process as defined in section 609.50. Nothing in this subdivision shall be construed to increase the civil liability of fire officials or to decrease municipal or state immunities as set forth in section 3.736 or 466.03.
History:
(5959) 1913 c 564 s 10; 1981 c 106 s 2; 1985 c 141 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.09 — Building Entered Within Reasonable Hours.

299F.09 BUILDING ENTERED WITHIN REASONABLE HOURS.
The state fire marshal, chief assistant, deputies, and subordinates, the chief of the fire department of each city where a fire department is established, the mayor of a city where no fire department exists, or the clerk of a town in territory without the limits of a city, at all reasonable hours may enter into all buildings and upon all premises within their jurisdiction for the purpose of examination, after proper consent from the occupant or owner or pursuant to an administrative search warrant. If the examination occurs subsequent to a fire, entry into a building or premise is governed by section 299F.08.
History:
(5960) 1913 c 564 s 11; 1973 c 123 art 5 s 7; 1981 c 106 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.091 — Citation.

299F.091 CITATION.
Sections 299F.091 to 299F.099 may be cited as the "Community Emergency Response Hazardous Substances Protection Act."
History:
1Sp1986 c 1 art 10 s 10
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.093 — Powers And Duties Of Commissioner.

299F.093 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1.
Duties; rules.
The commissioner shall:
(1) adopt rules no later than July 1, 1987, with the advice of the Hazardous Substance Notification Advisory Committee, establishing the form and content of the hazardous substance notification report form, as required by section 299F.094, and describing one or more hazard categories with specified ranges of quantities in each hazard category, representing increments of substantially increased risk;
(2) print and provide to individual fire departments the requested number of hazardous substance notification reports, which must be made available to a fire department no more than 90 days following its request, for the fire department to mail or otherwise make available to employers in the jurisdiction;
(3) report to the legislature, as needed, on the effectiveness of sections 299F.091 to 299F.099 and recommend amendments to sections 299F.091 to 299F.099 that are considered necessary;
(4) adopt rules to implement sections 299F.091 to 299F.099, compatible with the State Fire Code so as to not limit the authority of local fire officials under that code; and
(5) adopt rules that are based on the most recent standard 704, adopted by the National Fire Protection Association, and that allow a fire department to require employers within its jurisdiction to post signs conforming to standard 704, and indicating the presence of hazardous substances. If the signs are required, a fire department shall supply the signs or provide information to assist an employer to obtain them.
Subd. 2.
Investigation powers.
The commissioner shall, at the request of a local fire department, investigate suspected violations of sections 299F.091 to 299F.099.
History:
1Sp1986 c 1 art 10 s 12; 1993 c 337 s 18; 1997 c 187 art 1 s 22; 2005 c 10 art 1 s 64; 2005 c 136 art 9 s 14
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.094 — Report Required; Contents.

299F.094 REPORT REQUIRED; CONTENTS.
Subdivision 1.
Employer's duty.
Except as provided in section 299F.096, subdivision 2, an employer who receives a hazardous substance notification report shall submit to the local fire department a completed hazardous substance notification report form containing the information and in the manner required by this section and the rules of the commissioner, within two months after receiving a hazardous substance notification report. As an alternative, an employer may, at the discretion of the local fire department, arrange with the local fire department for a date certain upon which that department may conduct an inspection of that employer's workplace in order for the employer to provide the information, or essentially the same information, as contained in the report form to the local fire department.
Subd. 2.
Contents of form.
The hazardous substance notification report must be completed on a form developed by the commissioner of public safety and contain the following information:
(1) the range of maximum combined quantities of all hazardous substances contained in each designated hazard category that may reasonably be expected to be present in the workplace during normal operations;
(2) the street address and any other special identifier of the workplace; and
(3) the employer's name and street address with the telephone numbers of responsible persons in charge of the workplace who can be reached at all times.
Subd. 3.
Updated information.
If, after review of the hazardous substance notification report of an employer, a local fire department requires additional information, then the employer:
(1) shall provide, at the request of that fire department, a material safety data sheet, or any requested portion of it, for any hazardous substance contained in any designated hazard category covered by the hazardous substance notification report; and
(2) shall respond as soon as possible, but in no case later than 30 days, to a request by a local fire department for clarification of any information previously submitted or to a request for additional information under sections 299F.091 to 299F.099.
Subd. 4.
Prompt notification of change.
An employer shall promptly notify the local fire department of significant changes in the information provided under this section, but not later than 30 days after each significant change.
Subd. 5.
Inspection; emergency plans.
At the request of the local fire department, an employer shall permit the local fire department inspection and cooperate in the preparation of fire and emergency plans.
History:
1Sp1986 c 1 art 10 s 13
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.095 — Powers And Duties Of Fire Department.

299F.095 POWERS AND DUTIES OF FIRE DEPARTMENT.
(a) To the extent feasible, given the amount of funds and training available, the local fire department shall:
(1) mail or otherwise distribute hazardous substance notification report forms to employers within the jurisdiction of the fire department except for those employers for whom an inspection has been arranged or employers from whom a hazardous substance notification is considered not necessary by the fire department;
(2) retain and evaluate each hazardous substance notification report and notification of significant change submitted by each employer until the employer's workplace ceases to exist or the fire department determines retention of the hazardous substance notification report is no longer necessary;
(3) develop for fire department use appropriate fire and emergency procedures for the hazardous substance risks of each workplace based on the information received;
(4) investigate suspected violations of sections 299F.091 to 299F.099, and issue appropriate orders for compliance; and
(5) provide available material safety data sheets and hazardous substance notification reports at the request of other emergency response personnel.
(b) Data collected under sections 299F.091 to 299F.099 is nonpublic data within the meaning of section 13.02, subdivision 9.
History:
1Sp1986 c 1 art 10 s 14
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.096 — Duty To Safeguard Private Information.

299F.096 DUTY TO SAFEGUARD PRIVATE INFORMATION.
Subdivision 1.
Nonpublic data.
Before a fire department and emergency response personnel may have access to information received under section 299F.094, the department shall establish security procedures to prevent unauthorized use or disclosure of nonpublic data. Nonpublic data must be made available in an emergency to emergency response personnel. No liability results under sections 299F.091 to 299F.099 with respect to disclosure of nonpublic data if emergency response personnel, in response to an emergency, reasonably determine that the use or disclosure of the data is necessary to expedite medical services or to protect persons from imminent danger. As soon as practicable after disclosure of nonpublic data is made by emergency response personnel, the circumstances necessitating the disclosure and the actual or estimated extent of the disclosure must be described in writing by the personnel and provided to the employer.
Subd. 2.
Classified information.
When the notification required in section 299F.094 involves classified information, the employer shall, without revealing the classified information, attempt to provide the local fire department with that information necessary to protect the department, emergency response personnel, and the public in an emergency. The employer is also responsible for requesting changes in the classification of classified information or declassification of that material when it is considered necessary by a local fire department in advance of an emergency to protect emergency response personnel or the public. An employer is not required to reveal classified information, except in an emergency, without prior governmental approval, and in an emergency, an employer shall disclose to emergency response personnel appropriate elements of classified information that are reasonably necessary to protect human life. An employer may choose to make classified information available to the local fire department or emergency response personnel if necessary for emergency preplanning purposes. In those cases, classified information (1) may be made available to a local fire department or emergency response personnel only after it has been demonstrated that the personnel intended to have access to the classified information meet access requirements applicable to the facilities and to personnel having access to classified information, and (2) must be protected from disclosure by the local fire department and emergency response personnel in accordance with applicable rules and statutes.
History:
1Sp1986 c 1 art 10 s 15
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.098 — Penalties.

299F.098 PENALTIES.
(a) An employer who violates a provision of sections 299F.091 to 299F.099 or a rule or order adopted or made under the authority of those sections, that is determined by rule not to be a violation of a serious nature, may be assessed a fine not to exceed $1,000.
(b) An employer who violates a provision of sections 299F.091 to 299F.099 or a rule or order adopted or made under the authority of those sections, that is determined by rule to be of a serious nature, must be assessed a fine not to exceed $1,000 for each violation.
(c) An employer who is convicted of knowingly making a false statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under sections 299F.091 to 299F.099 is guilty of a gross misdemeanor.
(d) An employer who is convicted of willfully or repeatedly violating the requirements of sections 299F.091 to 299F.099 or a rule or order adopted or made under those sections is guilty of a gross misdemeanor.
(e) The penalties provided by this section may be imposed in a criminal action in the name of the state brought in the district court of the county in which the violation is alleged to have occurred or the district court where the commissioner has an office. Fines imposed under sections 299F.091 to 299F.099 must be paid to the commissioner of public safety and deposited in the general fund.
(f) No employer may be convicted for violating sections 299F.091 to 299F.099 or a rule or order made or issued under those sections unless the employer was notified of the violation in writing and given a reasonable time to comply.
History:
1Sp1986 c 1 art 10 s 17
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.099 — Local Ordinance Preempted.

299F.099 LOCAL ORDINANCE PREEMPTED.
Sections 299F.091 to 299F.099 preempt and supersede any local ordinance or rule concerning the subject matter of those sections.
History:
1Sp1986 c 1 art 10 s 18
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.18 — Combustible Material Removed.

299F.18 COMBUSTIBLE MATERIAL REMOVED.
The state fire marshal, the chief assistant fire marshal, or any deputy fire marshal, who finds in any building or upon any premises any combustible or explosive material, rubbish, rags, waste, or inflammable matter of any kind, except liquids covered by section 299F.19, endangering the safety of the building or property or the occupants thereof or the occupants of adjoining buildings shall order these materials removed or the dangerous condition corrected forthwith. This order shall be in writing and directed generally to the owner, lessee, agent, or occupant of the building or premises and any owner, lessee, agent, or occupant upon whom such notice shall be served who fails to comply therewith within 24 hours thereafter, unless the order prescribes a longer period within which it may be complied with, shall be guilty of a misdemeanor, and the material may be removed or dangerous condition corrected at the expense of the owner of the building and premises or the person upon whom the service is so made, or both, and the state fire marshal may maintain all necessary actions for the recovery thereof.
History:
(5968) 1913 c 564 s 18; 1917 c 469 s 1; 1949 c 292 s 1
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.20 — Failure To Comply, Punishment.

299F.20 FAILURE TO COMPLY, PUNISHMENT.
Any officer referred to in section 299F.04 who neglects to comply with any of the requirements of this chapter is guilty of a misdemeanor.
History:
(5970) 1913 c 564 s 20; 1981 c 106 s 5
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.28 — Records Are Public, Exceptions.

299F.28 RECORDS ARE PUBLIC, EXCEPTIONS.
(a) All records on file in the state fire marshal's office shall be public, except:
(1) any testimony, correspondence, or other matter taken in an investigation under the provisions of this chapter, which the state fire marshal may withhold from the public; and
(2) any data collected on the locations of storage and use of explosives or blasting agents by individuals authorized under sections 299F.72 to 299F.831, which shall be classified as nonpublic data pursuant to section 13.02, subdivision 9.
(b) The state fire marshal may share nonpublic data related to the storage or use of explosives or blasting agents with law enforcement, and with employees of a government entity or utility, as defined in section 609.594, subdivision 1, whose job duties require access to a facility containing explosives or blasting agents. Any recipient of nonpublic data under this paragraph is prohibited from disclosing the data to anyone not directly involved in the work to be completed at the site where the explosives or blasting agents are stored or to be used.
History:
(5976) 1913 c 564 s 26; 1986 c 444; 2008 c 315 s 17
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.29 — County And City Attorneys To Assist.

299F.29 COUNTY AND CITY ATTORNEYS TO ASSIST.
The county and city attorneys of any political subdivision, upon request of the state fire marshal, deputies or assistants, shall assist such officers upon an investigation of any fire, which in their opinion is of suspicious origin.
History:
(5977) 1913 c 564 s 27; 1981 c 106 s 11; 1986 c 444
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.30 — Fire Drill In School; Doors And Exits.

299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.
Subdivision 1.
Duties of fire marshal.
Consistent with sections 121A.035, 121A.037, and this section, it shall be the duty of the state fire marshal, deputies and assistants, to require public and private schools and educational institutions to have at least five fire drills each school year and to keep all doors and exits unlocked from the inside of the building during school hours.
Subd. 2.
Fire drill.
Each superintendent, principal, or other person in charge of a public or private school, educational institution, children's home or orphanage housing 20 or more students or other persons, shall instruct and train such students or other persons to quickly and expeditiously quit the premises in case of fire or other emergency by means of drills or rapid dismissals while such school, institution, home, or orphanage is in operation. Records of such drills shall be posted so that such records are available for review by the state fire marshal at all times and shall include the drill date and the time required to evacuate the building.
Subd. 3.
School doors and exits.
Consistent with section 121A.035 and this section, each superintendent, principal, or other person in charge of a public or private school, educational institution, children's home, or orphanage shall keep all doors and exits of such school, institution, home, or orphanage unlocked so that persons can leave by such doors or exits at any time during the hours of normal operation.
History:
(5978) 1913 c 564 s 28; 1971 c 516 s 1; 1973 c 11 s 1; 1986 c 444; 2006 c 263 art 2 s 19
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.31 — Penalties Paid Into State Treasury.

299F.31 PENALTIES PAID INTO STATE TREASURY.
All penalties, fees, or forfeitures collected under the provisions of this chapter shall be paid into the state treasury.
History:
(5979) 1913 c 564 s 29; 1981 c 106 s 12
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.32 — Statutory Construction.

299F.32 STATUTORY CONSTRUCTION.
It is hereby declared that this chapter is necessary for the public safety, health, peace, and welfare, is remedial in nature, and shall be construed liberally and this chapter shall not be declared unconstitutional and void for the reason that any section or provision thereof may be in contravention of the constitution.
History:
(5980) 1913 c 564 s 30