1.1 A bill for an act
1.2 relating to the State Fire Code; establishing fire life safety damper testing;
1.3 authorizing rulemaking; proposing coding for new law in Minnesota Statutes,
1.4 chapter 299F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [299F.49] DEFINITIONS.
1.7 Subdivision 1.Scope.As used in sections 299F.49 and 299F.491, the terms defined in
1.8this section have the meanings given.
1.9 Subd. 2.Approved skill training program or program."Approved skill training
1.10program" or "program" means an apprenticeship program that is registered under chapter
1.11178 or Code of Federal Regulations, title 29, part 29.
1.12 Subd. 3.Building."Building" means a building equipped with fire life safety dampers,
1.13a smoke control system, or an HVAC duct system that contains fire life safety dampers or
1.14is part of a smoke control system. Building does not include single family residential
1.15buildings or multifamily buildings with four or fewer units.
1.16 Subd. 4.Combination fire smoke damper."Combination fire smoke damper" means
1.17a device that meets both the fire damper and smoke damper requirements.
1.18 Subd. 5.Dedicated smoke control system."Dedicated smoke control system" means
1.19a smoke control system and components that are installed for the sole purpose of providing
1.20smoke control and that upon activation of the systems operate specifically to perform the
1.21smoke control function.
1Section 1.
REVISOR SS/NS 25-0066612/19/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2721
NINETY-FOURTH SESSION
Authored by Johnson, P.; Wolgamott; Tabke and Repinski03/24/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 Subd. 6.Fire damper."Fire damper" means a device installed in an air distribution
2.2system that is designed to close automatically upon detection of heat, to interrupt migratory
2.3airflow and to restrict the passage of flame. Fire damper includes devices installed in air
2.4conditioning systems to close automatically upon detection of heat, to interrupt migratory
2.5airflow, and to restrict the passage of flames. A fire damper also includes a combination
2.6fire smoke damper.
2.7 Subd. 7.Fire life safety dampers."Fire life safety dampers" means all fire dampers,
2.8smoke dampers, and combination fire and smoke dampers.
2.9 Subd. 8.Fire life safety damper testing."Fire life safety damper testing" means testing
2.10and inspection activities, including all physical, visual, and operational tests necessary to
2.11ensure the complete opening, closing, and the proper functioning of fire life safety dampers
2.12as required by the IFC, NFPA 80, NFPA 101, NFPA 105, and applicable engineering
2.13specifications of these systems.
2.14 Subd. 9.HVAC."HVAC" means heating, ventilation, and air conditioning.
2.15 Subd. 10.ICB."ICB" means the International Certification Board.
2.16 Subd. 11.IFC."IFC" means the International Fire Code.
2.17 Subd. 12.Independent contractor."Independent contractor" means a company that is
2.18not owned or managed by the building owner, or an immediate family member of the
2.19building owner, of the building being inspected and includes any subsidiary companies of
2.20the independent contractor.
2.21 Subd. 13.ISO/IEC 17024."ISO/IEC 17024" means the International Organization for
2.22Standardization/International Electrotechnical Commission 17024 international standard
2.23for Conformity Assessment - General Requirements for Bodies Operating Certification of
2.24Persons.
2.25 Subd. 14.NFPA."NFPA" means the National Fire Protection Association.
2.26 Subd. 15.NFPA 80."NFPA 80" means the current adopted version of the Standard for
2.27Fire Doors and Other Opening Protectives.
2.28 Subd. 16.NFPA 92."NFPA 92" means the current version of the Standard for Smoke
2.29Control Systems.
2.30 Subd. 17.NFPA 101."NFPA 101" means the current adopted version of the Standard
2.31for Life Safety Code.
2Section 1.
REVISOR SS/NS 25-0066612/19/24 3.1 Subd. 18.NFPA 105."NFPA 105" means the current adopted version of the Standard
3.2for Smoke Door Assemblies and Other Opening Protectives.
3.3 Subd. 19.Nondedicated smoke control system."Nondedicated smoke control system"
3.4means a smoke control system that shares components with some other system, such as the
3.5building HVAC system, that changes its mode of operation to achieve the smoke-control
3.6objective.
3.7 Subd. 20.Qualified fire smoke damper inspector."Qualified fire smoke damper
3.8inspector" means:
3.9 (1) an authorized state or local fire department personnel;
3.10 (2) the holder of a valid license delineated in section 326B.31, subdivision 2, 8, 9, 25,
3.11or 30; or
3.12 (3) a technician certified by the ICB as a fire smoke damper technician or through an
3.13equivalent certification program accredited under the ISO/IEC 17024 personnel certification.
3.14The technician must be employed by an independent contractor that provides fire life safety
3.15damper inspection services and shall:
3.16 (i) maintain current workers' compensation insurance coverage;
3.17 (ii) hold an ICB Fire and smoke damper contractor certification, or equivalent
3.18certification, from an organization that has been accredited under the ISO/IEC 17024
3.19Personnel Certification standard in fire life safety damper inspections; and
3.20 (iii) participate in an approved skill training program.
3.21 Subd. 21.Qualified smoke control system inspector."Qualified smoke control system
3.22inspector" means:
3.23 (1) an authorized state or local fire department personnel;
3.24 (2) the holder of a valid license delineated in section 326B.31, subdivision 2, 8, 9, 25,
3.25or 30; or
3.26 (3) a technician certified by ICB as a smoke control systems technician or through an
3.27equivalent certification program accredited under the ISO/IEC 17024 personnel certification.
3.28A smoke control systems technician shall also be a TABB technician certified by the
3.29Associated Air Balance Council, the National Environmental Balancing Bureau, or the
3.30Testing, Adjusting and Balancing Bureau. The technicians must be employed by an
3.31independent contractor that provides fire life safety damper testing services. The independent
3.32contractor must:
3Section 1.
REVISOR SS/NS 25-0066612/19/24 4.1 (i) maintain current workers' compensation insurance coverage;
4.2 (ii) hold an ICB smoke control system contractor certification or equivalent certification
4.3from an organization that has been accredited under the ISO/IEC 17024 Personnel
4.4Certification standard in smoke control systems inspections; and
4.5 (iii) participate in an approved skill training program.
4.6 Subd. 22.Smoke control system."Smoke control system" means an engineered system
4.7that includes all methods that can be used singly or in combination to modify smoke
4.8movement, including engineered systems that use mechanical fans to produce pressure
4.9differences across smoke barriers to inhibit smoke movement.
4.10 Subd. 23.Smoke damper."Smoke damper" means a device within an air distribution
4.11system to control the movement of smoke. Smoke damper includes devices installed in air
4.12conditioning systems to control the movement of smoke. A smoke damper also includes a
4.13combination fire smoke damper.
4.14 Subd. 24.Subsidiary."Subsidiary" means any corporation or other organization, whether
4.15incorporated or unincorporated, in which the company owns, directly or indirectly, any
4.16equity or other ownership interest.
4.17 Sec. 2. [299F.491] FIRE LIFE SAFETY DAMPER SYSTEM.
4.18 Subdivision 1.Requirement.The owner of a building shall establish a fire life safety
4.19damper and smoke control system inspection verification program to ensure that fire life
4.20safety dampers and smoke control systems are in working order to prevent the spread of
4.21fire and smoke throughout a building.
4.22 Subd. 2.Required testing.(a) All owners of buildings are responsible for ensuring that
4.23newly installed fire life safety dampers are subject to fire life safety damper testing under
4.24this section or under rules adopted by the state fire marshal before use is permitted.
4.25 (b) The testing of fire life safety dampers must include the visual inspection method in
4.26applicable chapters in accordance with NFPA 80, NFPA 101, and NFPA 105.
4.27 (c) Once installed, a building owner must periodically inspect and test fire life safety
4.28dampers no less than once after the first year of installation, and once every four years
4.29thereafter, except for hospitals. In hospitals, the building owner must inspect and test fire
4.30life safety dampers no less than once after the first year of installation and once every six
4.31years thereafter. The periodic testing of fire life safety dampers must include the visual
4.32inspection method in accordance with NFPA 80, NFPA 101, and NFPA 105. The remote
4Sec. 2.
REVISOR SS/NS 25-0066612/19/24 5.1inspection method, as defined in NFPA 80, NFPA 101, and NFPA 105 must not be used in
5.2place of visual inspection for the periodic testing required under this subdivision. All fire
5.3and smoke dampers must be tested as required under this section regardless of location.
5.4 Subd. 3.Required qualifications of individual testers of fire smoke dampers.(a)
5.5The state fire marshal shall establish and administer a program to review and approve
5.6third-party inspection training and certification programs to ensure conformance to the
5.7minimum qualifications under this section.
5.8 (b) Inspections and tests under this section must be performed by a qualified inspector.
5.9For the purposes of this section, a "qualified inspector" means:
5.10 (1) authorized state or local fire department personnel; or
5.11 (2) qualified fire smoke damper inspector.
5.12 Subd. 4.Required testing of smoke control systems.(a) A building owner is responsible
5.13for ensuring that smoke control systems under this section are tested for acceptance as
5.14required by the applicable NFPA standards referenced in this section or as set forth in rules
5.15adopted by the state fire marshal.
5.16 (b) Once installed, the building owner must periodically inspect and test smoke control
5.17systems at the following intervals:
5.18 (1) dedicated smoke control systems shall be tested at least semiannually; and
5.19 (2) nondedicated smoke control systems shall be tested at least annually.
5.20 (c) Testing of smoke control systems shall include tests to determine that airflow
5.21quantities and pressure differences are code compliant, including at the following locations:
5.22 (1) across smoke barrier openings;
5.23 (2) at the air makeup supplies; and
5.24 (3) at smoke exhaust equipment.
5.25 Subd. 5.Required qualifications of individual testers of smoke control systems.(a)
5.26The state fire marshal shall establish and administer a program to review and approve
5.27third-party inspection training and certification programs to ensure conformance to the
5.28minimum qualifications set forth in this section.
5.29 (b) Inspections and tests under this section shall be performed by a qualified inspector.
5.30For the purposes of this section, qualified inspector means:
5.31 (1) authorized state or local fire department personnel; or
5Sec. 2.
REVISOR SS/NS 25-0066612/19/24 6.1 (2) a qualified smoke control system inspector.
6.2 Subd. 6.Certificate of operation.(a) If the fire life safety dampers, smoke control
6.3systems, or HVAC duct system that contains a fire life safety damper or is part of a smoke
6.4control system pass the applicable inspections and tests, the person performing the inspection
6.5or test shall execute a certificate of operation verifying compliance with this section. The
6.6certificate of operation shall provide the following information:
6.7 (1) the name and certification number of the individual conducting the inspection or
6.8test;
6.9 (2) the name of the inspector's employer;
6.10 (3) the name of the building owner and address of the property;
6.11 (4) the location of all smoke dampers, fire dampers, combination fire/smoke dampers,
6.12and smoke control systems inspected or tested; and
6.13 (5) the date of the inspection or test.
6.14 (b) The building owner shall maintain a copy of the certificate of operation on the building
6.15property and make the certificate available for inspection upon request.
6.16 Subd. 7.Testing failures.(a) In the event an inspection or test reveals deficiencies in
6.17fire life safety dampers or smoke control systems, the person who conducted the inspection
6.18or test shall prepare a deficiency report for the building owner identifying the nature of the
6.19deficiency and reasons for noncompliance. The deficiency report shall also contain the name
6.20and certification number of the individual conducting the inspection or test and that person's
6.21employer; the name of the building owner; address of the property; the location of all fire
6.22dampers, smoke dampers, combination fire smoke dampers, and smoke control systems
6.23inspected or tested; and the date of the inspection or test. The building owner shall take the
6.24necessary steps to ensure the defective equipment is replaced or repaired and that compliance
6.25with the applicable inspection and testing requirements have been achieved. A building
6.26owner who does not comply within 30 days is in violation of this section.
6.27 (b) The building owner shall post a notice of verification of the testing and inspection
6.28of fire life safety dampers and smoke control systems in the outside lobby window of the
6.29building or other area clearly visible to the public. The verification shall state the address
6.30of the building and the date of the last fire life safety damper inspection, smoke control
6.31system inspection, and the date that each inspection expires.
6.32 Subd. 8.Submissions and inspections.(a) Building owners shall submit copies of
6.33operation certificates to the state fire marshal documenting compliance with the testing
6Sec. 2.
REVISOR SS/NS 25-0066612/19/24 7.1requirements of this section within 30 days of obtaining certificates of operation. The state
7.2fire marshal shall commence enforcement actions for any instance of noncompliance.
7.3 (b) When the state fire marshal conducts an annual fire inspection of any building, it
7.4shall inspect the building owner's fire life safety dampers, smoke control systems, and
7.5HVAC duct system that contain a fire life safety damper or is part of a smoke control system
7.6control system certificate of operation to ensure it complies with the requirements of this
7.7section and commence enforcement actions if violations are found.
7.8 Subd. 9.Enforcement and penalties.The state fire marshal shall assess a $100 civil
7.9penalty for each day of noncompliance to any building owner in violation of this section.
7.10 Subd. 10.Rulemaking.The commissioner of public safety shall adopt rules to carry
7.11out the provisions of this section.
7.12 EFFECTIVE DATE.Subdivisions 1 to 4 are effective one year after publication in the
7.13State Register of rules adopted under subdivision 10. Subdivisions 5 to 9 are effective the
7.14day following final enactment of rules adopted under subdivision 10. Subdivision 10 is
7.15effective the day following final enactment.
7.16 Sec. 3. EFFECTIVE DATE.
7.17 Unless otherwise provided, this act takes effect the day following enactment of
7.18administrative rules to review and approve third-party inspection training and certification
7.19programs by the state fire marshal or July 1, 2025, whichever occurs first.
7Sec. 3.
REVISOR SS/NS 25-0066612/19/24