HF4028

Purpose

• To modify state building code rules by removing the requirement for storm shelters in Group E schools. This changes who must have storm shelters and under what rules they must be built.

Main Provisions

• Exclusion of Group E schools: The commissioner of labor and industry must amend Minnesota Rules part 1305.0423 to exclude Group E schools from the requirement to construct storm shelters.
• Rulemaking authority with a good-cause exemption: The commissioner may use the good cause exemption under Minnesota Statutes §14.388, subd. 1, clause 3 to adopt the necessary rules to implement this change.
• Limited applicability of a separate statute: Minnesota Statutes §14.386 does not apply to this rule change except as provided under §14.388.

What this changes in practice

• The state building code would no longer require storm shelters for the specified Group E schools when the rules are amended.
• The process for making this change relies on administrative rulemaking (not a new statute), using the good-cause exemption to adopt the rules.

Potential implications

• Safety planning: Schools classified as Group E may not be required to include storm shelters, affecting disaster readiness requirements for those facilities.
• Regulatory flexibility: The rulemaking path with the good-cause exemption allows faster or targeted changes to the storm shelter rule.
• Administrative impact: Changes occur through amendments to the Minnesota Rules rather than a new statute, concentrating impact within regulatory language.

Authority and process notes

• Implemented by the commissioner of labor and industry through amendments to Minnesota Rules.
• Relies on the good cause exemption in the defined statutory framework to adopt these changes.

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Relevant Terms Group E schools storm shelters Minnesota Rules part 1305.0423 commissioner of labor and industry good cause exemption Minnesota Statutes §14.388, subd. 1, clause 3 Minnesota Statutes §14.386