reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.35 — Statement Of Insured, Use In Civil Action.

299F.35 STATEMENT OF INSURED, USE IN CIVIL ACTION.
No statement or admission of assured in any fire insurance policy given to the fire marshal's office in any investigation or proceeding had by that office shall be used in any civil action based upon such policy of insurance.
History:
(5983) 1913 c 564 s 33
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.3605 — Petroleum Refineries.

299F.3605 PETROLEUM REFINERIES.
(a) As used in this section, "petroleum refinery" has the meaning given in section 115C.02, subdivision 10a.
(b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or contract for a full-time paid on-site fire department regularly charged with the responsibility of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed to respond to fires at the refinery and to conduct inspections to prevent fires.
History:
1Sp2021 c 11 art 2 s 18
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.391 — Health Care, Education, Or Lodging Facility.

299F.391 HEALTH CARE, EDUCATION, OR LODGING FACILITY.
Subdivision 1.
Definitions.
For purposes of this section the following definitions shall apply:
(a) "Lodging house" means any building or portion thereof containing not more than five guest rooms which are used or intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor or otherwise.
(b) "Hospital" has the meaning given it in section 144.50.
(c) "Hotel" means any building or portion thereof containing six or more guest rooms intended or designed to be used, or which are used, rented, hired out to be occupied, or which are occupied for sleeping purposes by guests, and which is required to be licensed pursuant to chapter 157.
(d) "Nursing home" has the meaning given it in section 144A.01.
(e) "School" means any public or private school or educational institution.
Subd. 2.
Requirements.
All hospitals, nursing homes, schools, lodging houses and hotels shall be operated and maintained in compliance with the State Fire Code as promulgated pursuant to section 326B.02, subdivision 6.
Subd. 3.
Local ordinance.
Nothing in this section shall be construed to prohibit a local unit of government otherwise authorized by law, from enforcing or adopting ordinances or regulations with standards equal to, in addition to, or more stringent than the requirements of the State Fire Code. Any ordinance or regulation adopted by a local unit which differs from the State Fire Code must be directly related to the safeguarding of life and property from the hazards of fire, uniform for each class or kind of building covered, and may not exceed the applicable requirements of the Uniform Building Code adopted pursuant to sections 326B.101 to 326B.151.
Subd. 4.
Penalty.
A person who violates a provision of this section shall be penalized as set forth in section 299F.011, subdivision 6.
History:
1978 c 777 s 8; 1981 c 106 s 14; 1984 c 544 s 89; 2005 c 136 art 9 s 14; 2007 c 140 art 3 s 6; art 4 s 61; art 13 s 4
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.47 — School Inspections.

299F.47 SCHOOL INSPECTIONS.
Subdivision 1.
Public school inspections; fees.
The state fire marshal shall develop a plan to inspect once every three years every public school facility used for educational purposes. The state fire marshal shall charge school districts $0.014 per square foot for each school building inspected. These rates shall include two follow-up inspections or on-site consultations. If additional follow-up inspections or consultations are needed, the state fire marshal shall charge $0.005 per square foot for each additional follow-up inspection to each applicable building in which a follow-up inspection is needed.
Subd. 2.
Charter school inspections; fees.
The state fire marshal shall charge charter schools $100 for each school building inspected. This rate shall include two follow-up inspections or on-site consultations. If additional follow-up inspections or consultations are needed, the state fire marshal shall charge $50 for each additional follow-up inspection to each applicable building in which a follow-up inspection is needed.
Subd. 3.
Special account; appropriation.
Money received by the State Fire Marshal Division for this program must be deposited in the state treasury and credited to a state fire marshal school inspection dedicated account in the special revenue fund. All money in the state fire marshal school inspection account is annually appropriated to the commissioner of public safety for purposes of operating and administering this program.
Subd. 4.
Local inspections.
If inspections of public school buildings and charter schools were conducted by local units of government between January 1, 1987, and January 1, 1990, then inspections may continue to be provided by the local unit of government.
Subd. 5.
Variance.
Notwithstanding section 299F.011, subdivisions 5a and 5b, a variance from the code must be approved by the state fire marshal before taking effect.
History:
1Sp2003 c 2 art 4 s 13
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.48 — Automatic Sprinkler Systems In Existing Public Housing Buildings.

299F.48 AUTOMATIC SPRINKLER SYSTEMS IN EXISTING PUBLIC HOUSING BUILDINGS.
Subdivision 1.
Requirements.
(a) An automatic sprinkler system must be installed in those portions of an entire existing public housing building in which an automatic sprinkler system would be required if the building were constructed on the effective date of this section. The automatic sprinkler system must comply with standards in the State Fire Code and the State Building Code and must be fully operational by August 1, 2033.
(b) For the purposes of this section, "public housing building" means housing for low-income persons and households financed by the federal government and owned and operated by the public housing authorities and agencies formed by cities and counties in which at least one story used for human occupancy is 75 feet or more above the lowest level of fire department vehicle access.
Subd. 2.
Reporting.
By August 1, 2023, the owner of a building subject to subdivision 1 shall submit to the state fire marshal a letter stating the owner's intent to comply with this section and a plan for achieving compliance by the deadline in subdivision 1.
Subd. 3.
Extensions.
The commissioner of public safety, or the state fire marshal as the commissioner's designee, may grant extensions to the deadline for reporting under subdivision 2 or the deadline for compliance under subdivision 1. Any extension must observe the spirit and intent of this section and be tailored to ensure public welfare and safety. To be eligible for an extension, the building owner must apply to the commissioner of public safety and demonstrate a genuine inability to comply within the time prescribed despite appropriate effort to do so.
Subd. 4.
Effect on other laws.
This section does not supersede the State Building Code or State Fire Code.
History:
1Sp2021 c 10 art 3 s 5
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.50 — Definitions.

299F.50 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 299F.50 and 299F.51, the terms defined in this section have the meanings given them.
Subd. 2.
MS 2006 [Renumbered subd 8]
Subd. 3.
MS 2006 [Renumbered subd 10]
Subd. 4.
MS 2006 [Renumbered subd 7]
Subd. 5.
Approved carbon monoxide alarm.
"Approved carbon monoxide alarm" means a device meant for the purpose of detecting carbon monoxide that is certified by a nationally recognized testing laboratory to conform to the latest Underwriters Laboratories Standards (known as UL2034 standards).
Subd. 6.
MS 2006 [Renumbered subd 9]
Subd. 7.
Dwelling unit.
"Dwelling unit" means an area meant for living or sleeping by human occupants.
Subd. 7a.
Hotel.
"Hotel" means any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.
[See Note.]
Subd. 8.
Installed.
"Installed" means that an approved carbon monoxide alarm is hardwired into the electrical wiring, directly plugged into an electrical outlet without a switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
Subd. 8a.
Lodging house.
"Lodging house" means any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
[See Note.]
Subd. 9.
Operational.
"Operational" means working and in service.
Subd. 10.
Single and multifamily dwelling.
"Single and multifamily dwelling" means any building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.
History:
2006 c 260 art 3 s 20; 2023 c 52 art 5 s 38,39
NOTE:
Subdivisions 7a and 8a, as added by Laws 2023, chapter 52, article 5, sections 38 and 39, are effective August 1, 2024. Laws 2023, chapter 52, article 5, sections 38 and 39, the effective dates.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.58 — Certification And Report To Federal Government.

299F.58 CERTIFICATION AND REPORT TO FEDERAL GOVERNMENT.
The commissioner is authorized to make certifications and reports to the United States Secretary of Transportation as may be required from time to time under the federal Natural Gas Pipeline Safety Act.
History:
1969 c 988 s 3; 1987 c 353 s 16; 1988 c 624 s 13
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.59 — Compliance With Standards.

299F.59 COMPLIANCE WITH STANDARDS.
Subdivision 1.
Duty to comply.
Each person who engages in the transportation of gas or hazardous liquids or who owns or operates gas or hazardous liquid pipeline facilities shall:
(1) at all times after the date any applicable safety standard established under sections 299F.56 to 299F.641 takes effect comply with the requirements of such standard;
(2) file and comply with a plan for operation and maintenance required by sections 299F.56 to 299F.641;
(3) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required by sections 299F.56 to 299F.641 and the standards adopted or orders issued under sections 299F.56 to 299F.641; and
(4) comply with sections 216D.01 to 216D.07, the one call excavation notice system.
Subd. 2.
Application to other law; liability.
Nothing in sections 299F.56 to 299F.641 shall affect the common law or statutory tort liability of any person.
History:
1969 c 988 s 4; 1988 c 624 s 14; 1989 c 244 s 11
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.60 — Pipeline Violation; Rules, Civil Penalties.

299F.60 PIPELINE VIOLATION; RULES, CIVIL PENALTIES.
Subdivision 1.
Money penalty.
Any person who violates any provision of sections 299F.56 to 299F.641, or any rule issued thereunder, is subject to a civil penalty to be imposed by the commissioner not to exceed the maximum penalties listed in Code of Federal Regulations, title 49, part 190, and any successor regulations and standards that may be amended or adopted.
Subd. 2.
Compromise settlement.
The commissioner may negotiate a compromise settlement of a civil penalty. In determining the amount of such penalty, or the amount of the compromise settlement, the commissioner shall consider the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation. The contested case and judicial review provisions of chapter 14 shall apply to all orders of the commissioner imposing any penalty for violations of sections 299F.56 to 299F.641 or any rule promulgated thereunder. The amount of such penalty, when finally determined, may be deducted from any sums owing by the state of Minnesota to the person charged.
Subd. 3.
Multiple liability for same violation.
No person shall be subjected to civil penalties under both sections 299F.56 to 299F.641 and under the federal Natural Gas Pipeline Safety Act or the federal Hazardous Liquid Pipeline Safety Act, for conduct which may give rise to a violation of both acts.
Subd. 4.
Penalties paid into account.
All penalties collected under sections 299F.56 to 299F.641 shall be paid over to the commissioner of management and budget for deposit in the state treasury to the credit of the pipeline safety account.
Subd. 5.
Rules.
The commissioner shall adopt rules establishing reasonable guidelines for imposing penalties. The rules must treat separately and distinguish between violations that relate to hazardous liquid pipelines, gas pipelines, and other pipelines; must provide for notice that a penalty is assessed; and may exempt activities from penalties unless the person has evidenced a course of action in disregard of this chapter.
History:
1969 c 399 s 1; 1969 c 988 s 5; 1975 c 31 s 2,3; 1982 c 424 s 130; 1985 c 248 s 70; 1987 c 353 s 17; 1989 c 244 s 12; 2003 c 112 art 2 s 50; 2008 c 287 art 1 s 91; 2009 c 101 art 2 s 109; 2023 c 68 art 4 s 83
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.61 — Pipeline Violation; Injunctive Relief, Judicial Procedure.

299F.61 PIPELINE VIOLATION; INJUNCTIVE RELIEF, JUDICIAL PROCEDURE.
Subdivision 1.
Authority.
The district courts of the state of Minnesota shall have jurisdiction, subject to the provisions of the statutes and the rules of practice and procedure of the state of Minnesota relative to civil actions in the district courts, to restrain violations of sections 299F.56 to 299F.641, including the restraint of transportation of gas or hazardous liquid or the operation of a pipeline facility, or to enforce standards established under sections 299F.56 to 299F.641 upon petition by the attorney general on behalf of the state of Minnesota. Whenever practicable, the commissioner shall give notice to any person against whom an action for injunctive relief is contemplated and afford the person an opportunity to present views, and, except in the case of a knowing and willful violation, shall afford the person reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
Subd. 2.
Venue; service of process.
Actions under sections 299F.56 to 299F.641 shall be brought in the district in the state of Minnesota wherein the defendant's principal place of business is located, and process in such cases may be served in any other district in the state of Minnesota where the defendant may be found or of which the defendant is an inhabitant or transacts business.
History:
1969 c 988 s 6; 1986 c 444; 1987 c 353 s 18; 1989 c 244 s 13
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.62 — Plan To Operate And Maintain Gas Pipeline.

299F.62 PLAN TO OPERATE AND MAINTAIN GAS PIPELINE.
(a) Each person who engages in the transportation of gas or who owns or operates gas pipeline facilities subject to sections 299F.56 to 299F.641 shall prepare, maintain, carry out, and file with the commissioner a plan for operation and maintenance of each such pipeline facility owned or operated by such person, and any changes in such plan, in accordance with the rules prescribed by the commissioner. On finding that such plan is inadequate to achieve safe operation, the commissioner shall, after notice and opportunity for a hearing, require such plan to be revised. The plan required by the commissioner shall be practicable and designed to meet the need for pipeline safety.
(b) In determining the adequacy of any such plan, the commissioner shall consider the following:
(1) relevant available pipeline safety data;
(2) whether the plan is appropriate for the particular type of pipeline transportation;
(3) the reasonableness of the plan; and
(4) the extent to which such plan will contribute to public safety.
History:
1969 c 988 s 7; 1985 c 248 s 70; 1986 c 444; 1987 c 353 s 19; 1988 c 624 s 15; 1989 c 244 s 14
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.631 — Inspection Fee; Assessment, Rules.

299F.631 INSPECTION FEE; ASSESSMENT, RULES.
Subdivision 1.
Assessment and deposit of fee.
From each pipeline operator subject to the intrastate pipeline inspection authority under sections 299F.56 to 299F.641, the commissioner shall assess and collect an inspection fee in an amount calculated under subdivisions 2 and 4. The assessment of the inspection fee must be made no fewer than 30 days after the end of the quarter. If an operator does not pay the fee within 60 days after the assessment was mailed, the commissioner may impose a delinquency fee of ten percent of the quarterly inspection fee and interest at the rate of 15 percent per year on the portion of the fee not paid. Fees collected under this section must be credited to the pipeline safety account.
Subd. 2.
Calculation of fee.
(a) For each quarter that an inspection fee is to be assessed, the commissioner shall calculate the total actual expenses and obligations incurred by the Office of Pipeline Safety in implementing sections 299F.56 to 299F.641. The calculation must not include:
(1) expenses that will be reimbursed by the federal government;
(2) expenses attributable to follow-up inspections necessitated by the failure of a pipeline facility to comply with safety standards;
(3) expenses attributable to investigations of specific pipeline facilities;
(4) expenses attributable to inspections of newly constructed pipelines over 2,000 feet in length;
(5) expenses attributable to the inspection of facilities carrying liquefied natural gas, and hazardous liquids;
(6) expenses attributable to the inspection of facilities carrying liquefied petroleum gas, until the commissioner adopts a rule providing for metered billing of these facilities; and
(7) expenses attributable to seeking and maintaining federal interstate agent status.
(b) The commissioner shall assess each pipeline operator for a pro rata share of the expenses and obligations calculated under paragraph (a), based on the number of meters in service on the preceding December 31.
(c) The expenses and obligations described in paragraph (a), clauses (2), (3), (4), and (5), must be directly charged to the appropriate pipeline operators on a quarterly basis. The expenses and obligations described in paragraph (a), clause (6), must be directly charged to the appropriate pipeline operators on a quarterly basis until the commissioner adopts a rule providing for metered billing of facilities carrying liquefied petroleum gas.
Subd. 3.
Rules.
The commissioner shall adopt rules to implement this section.
Subd. 4.
Support costs.
The commissioner shall calculate the general support costs of the Office of Pipeline Safety for the preceding quarter, and add to the inspection fee calculated under subdivision 2 the share of those costs that is proportionate to the amount of time spent by the office in implementing sections 299F.56 to 299F.641 with respect to that type of pipeline facility.
History:
1988 c 624 s 17; 1989 c 244 s 16
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.64 — Federal Money.

299F.64 FEDERAL MONEY.
The commissioner may accept any and all money provided for or made available to this state by the United States of America or any department or agency thereof with respect to prescribing, setting, and enforcing rules and safety standards for the transportation of natural and other gas, and hazardous liquids, by pipelines in accordance with the provisions of federal law and any rules or regulations promulgated thereunder and the commissioner is further authorized to do any and all things, not contrary to the laws of this state, required of this state by such federal law and the rules and regulations promulgated thereunder in order to obtain such federal money.
History:
1969 c 988 s 9; 1985 c 248 s 70; 1987 c 353 s 21; 1988 c 624 s 18
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.72 — Definitions.

299F.72 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 299F.72 to 299F.831; 609.48, subdivision 4; 609.52, subdivision 3; 609.561; 609.562; 609.563; and 609.713, the terms defined in this section have the meanings given them.
Subd. 1a.
Blasting agent.
"Blasting agent" means any material or mixture (1) that consists of a fuel and oxidizer, (2) that is intended for blasting, (3) that is not otherwise classified as an explosive, (4) in which none of the ingredients is classified as an explosive, and (5) when a finished product, as mixed and packaged for use or shipment, that cannot be detonated by means of a number 8 test blasting cap when unconfined. The term does not include flammable liquids or flammable gases.
Subd. 1b.
Crime of violence.
"Crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes a domestic assault conviction when committed within the last three years or while an order for protection is active against the person, whichever period is longer.
Subd. 2.
Explosive.
"Explosive" means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion; that is, with substantially instantaneous release of gas and heat, unless the compound, mixture, or device is otherwise specifically classified by the United States Department of Transportation. The term does not mean or include black powder, smokeless powder, primers, and fuses when used for antique or replica muzzle-loading rifles, pistols, muskets, shotguns, and cannons or when possessed or used for rifle, pistol, and shotgun ammunition, nor does it include fireworks as defined in section 624.20.
Subd. 3.
[Repealed, 1994 c 636 art 5 s 18]
Subd. 4.
[Repealed, 1994 c 636 art 5 s 18]
History:
1971 c 845 s 2; 1991 c 199 art 1 s 69; 1994 c 636 art 5 s 1-3; 1995 c 186 s 61; 2022 c 55 art 1 s 149
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.73 — License Required.

299F.73 LICENSE REQUIRED.
Subdivision 1.
Manufacture, assembly, or storage.
No person shall manufacture, assemble, warehouse or store explosives or blasting agents for purposes of wholesale or retail sale, or for any other purpose other than for ultimate consumption without being licensed to do so by the commissioner of public safety.
Subd. 2.
Application.
In order to obtain the license herein required such person shall make application to the commissioner of public safety. The application shall be on forms provided by the commissioner of public safety and shall require such information as the commissioner deems necessary including but not limited to the name, address, age, experience, and knowledge of the applicant in the use, handling, and storage of explosives or blasting agents, and whether the applicant is a person to whom no such license may be issued pursuant to section 299F.77. The commissioner of public safety may refuse to issue a license to any person who does not have sufficient knowledge of the use, handling, or storage of explosives or blasting agents to protect the public safety. Any person aggrieved by the denial of a license may request a hearing before the commissioner of public safety. The provisions of sections 14.57 to 14.69 shall apply to such hearing and subsequent proceedings, if any.
History:
1971 c 845 s 3; 1975 c 77 s 1; 1982 c 424 s 130; 1986 c 444; 1987 c 384 art 2 s 1; 1994 c 636 art 5 s 4
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.74 — Permit Required For Possession Or Use.

299F.74 PERMIT REQUIRED FOR POSSESSION OR USE.
No person shall possess explosives or blasting agents, unless said person shall have obtained a valid license as provided in section 299F.73, or unless said person shall have obtained a valid permit for the use of explosives or blasting agents as hereinafter provided. The transportation of an explosive or blasting agent by a common carrier for hire shall not be deemed to be possession of an explosive or blasting agent for purposes of this section.
History:
1971 c 845 s 4; 1986 c 444; 1994 c 636 art 5 s 5
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.75 — Permit Application.

299F.75 PERMIT APPLICATION.
Subdivision 1.
Requirement.
Any person desiring to possess explosives or blasting agents, other than a person licensed as provided in section 299F.73, shall make application for a permit for the use of explosives or blasting agents to the appropriate local sheriff or chief of police of a statutory or home rule charter city of the first, second, or third class, or such other person as is designated by the commissioner of public safety, on a standardized form provided by the commissioner of public safety.
Subd. 2.
Contents.
The application shall require the applicant's name, address, purpose for acquiring explosives or blasting agents, place of intended acquisition, quantity required, place and time of intended use, place and means of storage until such use, and whether the applicant is a person to whom no such permit may be issued pursuant to section 299F.77. Issuing authorities may request a certificate from the applicant regarding the applicant's knowledge in the use, handling, and storage of explosives and blasting agents, and may refuse to issue a permit to any person who does not have sufficient knowledge to protect the public safety. Any person aggrieved by the denial of a permit may request a hearing before the commissioner of public safety. The provisions of sections 14.57 to 14.69 shall apply to such hearings and subsequent proceedings, if any.
Subd. 3.
Notice.
Prior to the storage or use of explosives or blasting agents, the applicant shall notify the appropriate local fire official and law enforcement agency.
Subd. 4.
Data classification and use.
(a) The portions of an application submitted under this section and any other data held by an issuing authority, local fire official, or law enforcement agency that indicate the applicant's place and time of intended use of explosives or blasting agents and place and means of storage of the explosives or blasting agents until such use shall be classified as nonpublic data pursuant to section 13.02, subdivision 9.
(b) Nonpublic data held pursuant to this section may be shared with other 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:
1971 c 845 s 5; 1973 c 169 s 1; 1975 c 77 s 2; 1982 c 424 s 130; 1987 c 384 art 2 s 1; 1994 c 636 art 5 s 6; 2008 c 315 s 18
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.76 — Affirmation And Identification; Effective Period.

299F.76 AFFIRMATION AND IDENTIFICATION; EFFECTIVE PERIOD.
Subdivision 1.
Affirmation that information is true.
A license or an explosives use permit shall have printed thereon a statement underlined that the applicant affirms under penalty of perjury that the information provided thereon is true to the best of the applicant's knowledge and belief. No license or permit shall be issued unless the applicant signs the application.
Subd. 2.
Permit designation and identification; effective period.
Each license or permit issued pursuant to Laws 1971, chapter 845 shall be designated by number and shall otherwise be sufficient to identify a licensee or permittee. A duplicate of the license or permit shall be retained by the issuing authority. A license or permit shall not be issued for a period of time greater than one year, but may be issued for shorter periods.
History:
1971 c 845 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.78 — Transfer.

299F.78 TRANSFER.
Subdivision 1.
Transferring explosive or blasting agent.
No person shall transfer explosives or blasting agents to another unless the transferee shall display to the transferor a copy of a valid license or use permit and proper identification, and unless said transferee shall present to the transferor a signed form acknowledging receipt of the quantity of explosives or blasting agents transferred, the identifying numbers of the same explosives or, if none, the identifying numbers of the primary container from which the explosives or blasting agents were distributed, and the serial number of the use permit displayed.
Subd. 2.
[Repealed, 1994 c 636 art 5 s 18]
History:
1971 c 845 s 8; 1986 c 444; 1994 c 636 art 5 s 8
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.785 — Black Powder.

299F.785 BLACK POWDER.
No person shall manufacture, assemble, warehouse, or store black powder for purposes of wholesale or retail sale without being licensed to do so by the commissioner of public safety. The license shall be as prescribed by section 299F.73, subdivision 2. Persons who purchase more than five pounds of black powder shall provide suitable identification to the licensee and the licensee shall record the person's name and date of birth, date of purchase, and amount purchased. Additional information may be required by the commissioner. The records maintained by the licensee must be open to the inspection of any peace officer acting in the normal course of duties. Persons shall notify the appropriate local fire official before storing more than five pounds of black powder.
History:
1994 c 636 art 5 s 9
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.79 — Unlawful Possession Of Component; Penalty.

299F.79 UNLAWFUL POSSESSION OF COMPONENT; PENALTY.
Whoever possesses one or more of the components necessary to manufacture or assemble explosives or blasting agents, with the intent to manufacture or assemble explosives or blasting agents, unless said person shall have a valid license or permit as provided by sections 299F.73 and 299F.75, may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
History:
1971 c 845 s 9; 1986 c 444; 1994 c 636 art 5 s 10
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.80 — Unlawful Possession Of Explosive; Penalties.

299F.80 UNLAWFUL POSSESSION OF EXPLOSIVE; PENALTIES.
Subdivision 1.
Possession without license or permit.
Except as provided in subdivision 2, whoever possesses explosives or blasting agents without a valid license or permit may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
Subd. 2.
Illegal possession for legitimate purpose; penalty.
Whoever possesses explosives or blasting agents commonly used for agricultural, forestry, conservation, industry or mining purposes, without a valid license or permit, with intent to use the same for legitimate agricultural, forestry, conservation, industry, or mining purposes, and in only such quantities as are reasonably necessary for such intended use, may be sentenced to imprisonment for not more than 90 days or to a payment of a fine of not more than $1,000, or both.
History:
1971 c 845 s 10; 1986 c 444; 1989 c 290 art 6 s 3; 1994 c 636 art 5 s 11; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.82 — Illegal Transfer; Penalty.

299F.82 ILLEGAL TRANSFER; PENALTY.
Subdivision 1.
Illegal transfer.
Except as provided in subdivision 2, whoever illegally transfers an explosive or blasting agent to another may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
Subd. 2.
Illegal transfer for legitimate purposes.
Whoever illegally transfers explosives or blasting agents commonly used for agricultural, forestry, conservation, industry, or mining purposes to another, personally known to the transferor, in the belief that the same shall be used for legitimate agricultural, forestry, conservation, industry, or mining purposes, and in only such quantities as are reasonably necessary for such believed use, may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
History:
1971 c 845 s 12; 1994 c 636 art 5 s 12; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.83 — Negligent Discharge.

299F.83 NEGLIGENT DISCHARGE.
Whoever, acting with gross disregard for human life or property, negligently causes an explosive or blasting agent to be discharged may be sentenced to imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both.
History:
1971 c 845 s 13; 1994 c 636 art 5 s 13
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.831 — Handling While Influenced By Alcohol Or Drug.

299F.831 HANDLING WHILE INFLUENCED BY ALCOHOL OR DRUG.
Subdivision 1.
Prohibition.
A person shall not handle or use explosives or blasting agents while under the influence of alcohol or controlled substances as defined by section 169A.20.
Subd. 2.
Misdemeanor.
Whoever handles or uses an explosive or blasting agent while under the influence of alcohol or a controlled substance is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or payment of a fine of not more than $1,000, or both.
History:
1994 c 636 art 5 s 14; 2000 c 478 art 2 s 7; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.850 — Cigarette Fire Safety Definitions.

299F.850 CIGARETTE FIRE SAFETY DEFINITIONS.
Subdivision 1.
Scope.
The terms used in sections 299F.850 to 299F.859 have the meanings given them in this section.
Subd. 2.
Agent.
"Agent" means any person licensed by the commissioner of revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
Subd. 3.
Cigarette.
"Cigarette" means any roll for smoking made wholly or in part of tobacco, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
Subd. 4.
Manufacturer.
"Manufacturer" means:
(1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in the state, including cigarettes intended to be sold in the United States through an importer;
(2) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(3) any entity that becomes a successor of an entity described in clause (1) or (2).
Subd. 5.
Quality control and quality assurance program.
"Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in section 299F.851, subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with sections 299F.850 to 299F.859.
Subd. 6.
Repeatability.
"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
Subd. 7.
Retail dealer.
"Retail dealer" means any person, other than a wholesale dealer, engaged in selling cigarettes or tobacco products.
Subd. 8.
Sale.
"Sale" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefore. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts and the exchanging of cigarettes for any consideration other than money, are considered sales.
Subd. 9.
Sell.
"Sell" means to make a sale or to offer or agree to make a sale.
Subd. 10.
Wholesale dealer.
"Wholesale dealer" means any person who (1) sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale or (2) owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
History:
2007 c 54 art 7 s 10,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.852 — Certification And Product Change.

299F.852 CERTIFICATION AND PRODUCT CHANGE.
Subdivision 1.
Attestation.
Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification:
(1) has been tested in accordance with section 299F.851; and
(2) meets the performance standard set forth in section 299F.851, subdivision 1, paragraph (d).
Subd. 2.
Description.
Each cigarette listed in the certification must be described with the following information:
(1) brand or trade name on the package;
(2) style, such as light or ultra light;
(3) length in millimeters;
(4) circumference in millimeters;
(5) flavor, such as menthol or chocolate, if applicable;
(6) filter or nonfilter;
(7) package description, such as soft pack or box;
(8) marking approved in accordance with section 299F.853;
(9) the name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
(10) the date that the testing occurred.
Subd. 3.
Information availability.
The certifications must be made available to the attorney general for purposes consistent with this section and the commissioner of revenue for the purposes of ensuring compliance with this subdivision.
Subd. 4.
Recertification.
Each cigarette certified under this subdivision must be recertified every three years.
Subd. 5.
Fee.
For each cigarette listed in a certification, a manufacturer shall pay to the state fire marshal a $250 fee, to be deposited in the reduced cigarette ignition propensity account described in section 299F.857.
Subd. 6.
Retesting.
If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by sections 299F.850 to 299F.859, that cigarette must not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in section 299F.851 and maintains records of that retesting as required by section 299F.851. Any altered cigarette that does not meet the performance standard set forth in section 299F.851 may not be sold in this state.
History:
2007 c 54 art 7 s 12,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.853 — Marking And Cigarette Packaging.

299F.853 MARKING AND CIGARETTE PACKAGING.
(a) Cigarettes that are certified by a manufacturer in accordance with section 299F.852 must be marked to indicate compliance with the requirements of section 299F.851. The marking must be in eight-point type or larger and consist of:
(1) modification of the product UPC code to include a visible mark printed at or around the area of the UPC code, which may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC;
(2) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(3) printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of sections 299F.850 to 299F.859.
(b) A manufacturer shall use only one marking and shall apply this marking uniformly for all brands marketed by that manufacturer and all packages, including but not limited to packs, cartons, and cases.
(c) The state fire marshal must be notified as to the marking that is selected.
(d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve any marking in use and approved for sale in New York pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings are deemed approved if the state fire marshal fails to act within ten business days of receiving a request for approval.
(e) No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.
(f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to whom they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the commissioner of revenue, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
History:
2007 c 54 art 7 s 13,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.855 — Implementation.

299F.855 IMPLEMENTATION.
Subdivision 1.
Rules.
The commissioner of public safety, in consultation with the state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the purposes of sections 299F.850 to 299F.859.
Subd. 2.
Commissioner of revenue.
The commissioner of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are marked as required by section 299F.853. If the cigarettes are not marked as required, the commissioner of revenue shall notify the state fire marshal.
History:
2007 c 54 art 7 s 15,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.856 — Inspection.

299F.856 INSPECTION.
To enforce sections 299F.850 to 299F.859, the attorney general and the state fire marshal may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the attorney general and the state fire marshal the means, facilities, and opportunity for the examinations authorized by this section.
History:
2007 c 54 art 7 s 16,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.857 — Reduced Cigarette Ignition Propensity Account.

299F.857 REDUCED CIGARETTE IGNITION PROPENSITY ACCOUNT.
The reduced cigarette ignition propensity account is established in the state treasury. The account consists of all money recovered as penalties under section 299F.854 and fees collected under section 299F.852, subdivision 5. The money must be deposited to the credit of the account and, in addition to any other money made available for such purpose, is appropriated to the state fire marshal for costs associated with the development and presentation of fire and life safety education programs throughout Minnesota, and all costs associated with sections 299F.850 to 299F.859.
History:
2007 c 54 art 7 s 17,22; 1Sp2019 c 5 art 2 s 6
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.858 — Sale Outside Of Minnesota.

299F.858 SALE OUTSIDE OF MINNESOTA.
Sections 299F.850 to 299F.859 do not prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 299F.851 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in Minnesota.
History:
2007 c 54 art 7 s 18,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.
2023 Minnesota Statutes › Chapters 299A - 299N — Public Safety › Chapter 299F — Fire Marshal › Section 299F.859 — Local Regulation.

299F.859 LOCAL REGULATION.
Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of sections 299F.850 to 299F.858 or with any policy of this state expressed by sections 299F.850 to 299F.858, whether that policy be expressed by inclusion of a provision in sections 299F.850 to 299F.858 or by exclusion of that subject from sections 299F.850 to 299F.858.
History:
2007 c 54 art 7 s 19,22
NOTE:
This section is repealed if a federal reduced cigarette ignition propensity standard that preempts this section is adopted and becomes effective. Laws 2007, chapter 54, article 7, section 22.