Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2721 Compare Versions

Only one version of the bill is available at this time.

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1	1	1.1 A bill for an act
2	2	1.2 relating to the State Fire Code; establishing fire life safety damper testing;
3	3	1.3 authorizing rulemaking; proposing coding for new law in Minnesota Statutes,
4	4	1.4 chapter 299F.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [299F.49] DEFINITIONS.
7	7	1.7 Subdivision 1.Scope.As used in sections 299F.49 and 299F.491, the terms defined in
8	8	1.8this section have the meanings given.
9	9	1.9 Subd. 2.Approved skill training program or program."Approved skill training
10	10	1.10program" or "program" means an apprenticeship program that is registered under chapter
11	11	1.11178 or Code of Federal Regulations, title 29, part 29.
12	12	1.12 Subd. 3.Building."Building" means a building equipped with fire life safety dampers,
13	13	1.13a smoke control system, or an HVAC duct system that contains fire life safety dampers or
14	14	1.14is part of a smoke control system. Building does not include single family residential
15	15	1.15buildings or multifamily buildings with four or fewer units.
16	16	1.16 Subd. 4.Combination fire smoke damper."Combination fire smoke damper" means
17	17	1.17a device that meets both the fire damper and smoke damper requirements.
18	18	1.18 Subd. 5.Dedicated smoke control system."Dedicated smoke control system" means
19	19	1.19a smoke control system and components that are installed for the sole purpose of providing
20	20	1.20smoke control and that upon activation of the systems operate specifically to perform the
21	21	1.21smoke control function.
22	22	1Section 1.
23	23	REVISOR SS/NS 25-0066612/19/24
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 2721
29	29	NINETY-FOURTH SESSION
30	30	Authored by Johnson, P.; Wolgamott; Tabke and Repinski03/24/2025
31	31	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
32	32	2.2system that is designed to close automatically upon detection of heat, to interrupt migratory
33	33	2.3airflow and to restrict the passage of flame. Fire damper includes devices installed in air
34	34	2.4conditioning systems to close automatically upon detection of heat, to interrupt migratory
35	35	2.5airflow, and to restrict the passage of flames. A fire damper also includes a combination
36	36	2.6fire smoke damper.
37	37	2.7 Subd. 7.Fire life safety dampers."Fire life safety dampers" means all fire dampers,
38	38	2.8smoke dampers, and combination fire and smoke dampers.
39	39	2.9 Subd. 8.Fire life safety damper testing."Fire life safety damper testing" means testing
40	40	2.10and inspection activities, including all physical, visual, and operational tests necessary to
41	41	2.11ensure the complete opening, closing, and the proper functioning of fire life safety dampers
42	42	2.12as required by the IFC, NFPA 80, NFPA 101, NFPA 105, and applicable engineering
43	43	2.13specifications of these systems.
44	44	2.14 Subd. 9.HVAC."HVAC" means heating, ventilation, and air conditioning.
45	45	2.15 Subd. 10.ICB."ICB" means the International Certification Board.
46	46	2.16 Subd. 11.IFC."IFC" means the International Fire Code.
47	47	2.17 Subd. 12.Independent contractor."Independent contractor" means a company that is
48	48	2.18not owned or managed by the building owner, or an immediate family member of the
49	49	2.19building owner, of the building being inspected and includes any subsidiary companies of
50	50	2.20the independent contractor.
51	51	2.21 Subd. 13.ISO/IEC 17024."ISO/IEC 17024" means the International Organization for
52	52	2.22Standardization/International Electrotechnical Commission 17024 international standard
53	53	2.23for Conformity Assessment - General Requirements for Bodies Operating Certification of
54	54	2.24Persons.
55	55	2.25 Subd. 14.NFPA."NFPA" means the National Fire Protection Association.
56	56	2.26 Subd. 15.NFPA 80."NFPA 80" means the current adopted version of the Standard for
57	57	2.27Fire Doors and Other Opening Protectives.
58	58	2.28 Subd. 16.NFPA 92."NFPA 92" means the current version of the Standard for Smoke
59	59	2.29Control Systems.
60	60	2.30 Subd. 17.NFPA 101."NFPA 101" means the current adopted version of the Standard
61	61	2.31for Life Safety Code.
62	62	2Section 1.
63	63	REVISOR SS/NS 25-0066612/19/24 3.1 Subd. 18.NFPA 105."NFPA 105" means the current adopted version of the Standard
64	64	3.2for Smoke Door Assemblies and Other Opening Protectives.
65	65	3.3 Subd. 19.Nondedicated smoke control system."Nondedicated smoke control system"
66	66	3.4means a smoke control system that shares components with some other system, such as the
67	67	3.5building HVAC system, that changes its mode of operation to achieve the smoke-control
68	68	3.6objective.
69	69	3.7 Subd. 20.Qualified fire smoke damper inspector."Qualified fire smoke damper
70	70	3.8inspector" means:
71	71	3.9 (1) an authorized state or local fire department personnel;
72	72	3.10 (2) the holder of a valid license delineated in section 326B.31, subdivision 2, 8, 9, 25,
73	73	3.11or 30; or
74	74	3.12 (3) a technician certified by the ICB as a fire smoke damper technician or through an
75	75	3.13equivalent certification program accredited under the ISO/IEC 17024 personnel certification.
76	76	3.14The technician must be employed by an independent contractor that provides fire life safety
77	77	3.15damper inspection services and shall:
78	78	3.16 (i) maintain current workers' compensation insurance coverage;
79	79	3.17 (ii) hold an ICB Fire and smoke damper contractor certification, or equivalent
80	80	3.18certification, from an organization that has been accredited under the ISO/IEC 17024
81	81	3.19Personnel Certification standard in fire life safety damper inspections; and
82	82	3.20 (iii) participate in an approved skill training program.
83	83	3.21 Subd. 21.Qualified smoke control system inspector."Qualified smoke control system
84	84	3.22inspector" means:
85	85	3.23 (1) an authorized state or local fire department personnel;
86	86	3.24 (2) the holder of a valid license delineated in section 326B.31, subdivision 2, 8, 9, 25,
87	87	3.25or 30; or
88	88	3.26 (3) a technician certified by ICB as a smoke control systems technician or through an
89	89	3.27equivalent certification program accredited under the ISO/IEC 17024 personnel certification.
90	90	3.28A smoke control systems technician shall also be a TABB technician certified by the
91	91	3.29Associated Air Balance Council, the National Environmental Balancing Bureau, or the
92	92	3.30Testing, Adjusting and Balancing Bureau. The technicians must be employed by an
93	93	3.31independent contractor that provides fire life safety damper testing services. The independent
94	94	3.32contractor must:
95	95	3Section 1.
96	96	REVISOR SS/NS 25-0066612/19/24 4.1 (i) maintain current workers' compensation insurance coverage;
97	97	4.2 (ii) hold an ICB smoke control system contractor certification or equivalent certification
98	98	4.3from an organization that has been accredited under the ISO/IEC 17024 Personnel
99	99	4.4Certification standard in smoke control systems inspections; and
100	100	4.5 (iii) participate in an approved skill training program.
101	101	4.6 Subd. 22.Smoke control system."Smoke control system" means an engineered system
102	102	4.7that includes all methods that can be used singly or in combination to modify smoke
103	103	4.8movement, including engineered systems that use mechanical fans to produce pressure
104	104	4.9differences across smoke barriers to inhibit smoke movement.
105	105	4.10 Subd. 23.Smoke damper."Smoke damper" means a device within an air distribution
106	106	4.11system to control the movement of smoke. Smoke damper includes devices installed in air
107	107	4.12conditioning systems to control the movement of smoke. A smoke damper also includes a
108	108	4.13combination fire smoke damper.
109	109	4.14 Subd. 24.Subsidiary."Subsidiary" means any corporation or other organization, whether
110	110	4.15incorporated or unincorporated, in which the company owns, directly or indirectly, any
111	111	4.16equity or other ownership interest.
112	112	4.17 Sec. 2. [299F.491] FIRE LIFE SAFETY DAMPER SYSTEM.
113	113	4.18 Subdivision 1.Requirement.The owner of a building shall establish a fire life safety
114	114	4.19damper and smoke control system inspection verification program to ensure that fire life
115	115	4.20safety dampers and smoke control systems are in working order to prevent the spread of
116	116	4.21fire and smoke throughout a building.
117	117	4.22 Subd. 2.Required testing.(a) All owners of buildings are responsible for ensuring that
118	118	4.23newly installed fire life safety dampers are subject to fire life safety damper testing under
119	119	4.24this section or under rules adopted by the state fire marshal before use is permitted.
120	120	4.25 (b) The testing of fire life safety dampers must include the visual inspection method in
121	121	4.26applicable chapters in accordance with NFPA 80, NFPA 101, and NFPA 105.
122	122	4.27 (c) Once installed, a building owner must periodically inspect and test fire life safety
123	123	4.28dampers no less than once after the first year of installation, and once every four years
124	124	4.29thereafter, except for hospitals. In hospitals, the building owner must inspect and test fire
125	125	4.30life safety dampers no less than once after the first year of installation and once every six
126	126	4.31years thereafter. The periodic testing of fire life safety dampers must include the visual
127	127	4.32inspection method in accordance with NFPA 80, NFPA 101, and NFPA 105. The remote
128	128	4Sec. 2.
129	129	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
130	130	5.2place of visual inspection for the periodic testing required under this subdivision. All fire
131	131	5.3and smoke dampers must be tested as required under this section regardless of location.
132	132	5.4 Subd. 3.Required qualifications of individual testers of fire smoke dampers.(a)
133	133	5.5The state fire marshal shall establish and administer a program to review and approve
134	134	5.6third-party inspection training and certification programs to ensure conformance to the
135	135	5.7minimum qualifications under this section.
136	136	5.8 (b) Inspections and tests under this section must be performed by a qualified inspector.
137	137	5.9For the purposes of this section, a "qualified inspector" means:
138	138	5.10 (1) authorized state or local fire department personnel; or
139	139	5.11 (2) qualified fire smoke damper inspector.
140	140	5.12 Subd. 4.Required testing of smoke control systems.(a) A building owner is responsible
141	141	5.13for ensuring that smoke control systems under this section are tested for acceptance as
142	142	5.14required by the applicable NFPA standards referenced in this section or as set forth in rules
143	143	5.15adopted by the state fire marshal.
144	144	5.16 (b) Once installed, the building owner must periodically inspect and test smoke control
145	145	5.17systems at the following intervals:
146	146	5.18 (1) dedicated smoke control systems shall be tested at least semiannually; and
147	147	5.19 (2) nondedicated smoke control systems shall be tested at least annually.
148	148	5.20 (c) Testing of smoke control systems shall include tests to determine that airflow
149	149	5.21quantities and pressure differences are code compliant, including at the following locations:
150	150	5.22 (1) across smoke barrier openings;
151	151	5.23 (2) at the air makeup supplies; and
152	152	5.24 (3) at smoke exhaust equipment.
153	153	5.25 Subd. 5.Required qualifications of individual testers of smoke control systems.(a)
154	154	5.26The state fire marshal shall establish and administer a program to review and approve
155	155	5.27third-party inspection training and certification programs to ensure conformance to the
156	156	5.28minimum qualifications set forth in this section.
157	157	5.29 (b) Inspections and tests under this section shall be performed by a qualified inspector.
158	158	5.30For the purposes of this section, qualified inspector means:
159	159	5.31 (1) authorized state or local fire department personnel; or
160	160	5Sec. 2.
161	161	REVISOR SS/NS 25-0066612/19/24 6.1 (2) a qualified smoke control system inspector.
162	162	6.2 Subd. 6.Certificate of operation.(a) If the fire life safety dampers, smoke control
163	163	6.3systems, or HVAC duct system that contains a fire life safety damper or is part of a smoke
164	164	6.4control system pass the applicable inspections and tests, the person performing the inspection
165	165	6.5or test shall execute a certificate of operation verifying compliance with this section. The
166	166	6.6certificate of operation shall provide the following information:
167	167	6.7 (1) the name and certification number of the individual conducting the inspection or
168	168	6.8test;
169	169	6.9 (2) the name of the inspector's employer;
170	170	6.10 (3) the name of the building owner and address of the property;
171	171	6.11 (4) the location of all smoke dampers, fire dampers, combination fire/smoke dampers,
172	172	6.12and smoke control systems inspected or tested; and
173	173	6.13 (5) the date of the inspection or test.
174	174	6.14 (b) The building owner shall maintain a copy of the certificate of operation on the building
175	175	6.15property and make the certificate available for inspection upon request.
176	176	6.16 Subd. 7.Testing failures.(a) In the event an inspection or test reveals deficiencies in
177	177	6.17fire life safety dampers or smoke control systems, the person who conducted the inspection
178	178	6.18or test shall prepare a deficiency report for the building owner identifying the nature of the
179	179	6.19deficiency and reasons for noncompliance. The deficiency report shall also contain the name
180	180	6.20and certification number of the individual conducting the inspection or test and that person's
181	181	6.21employer; the name of the building owner; address of the property; the location of all fire
182	182	6.22dampers, smoke dampers, combination fire smoke dampers, and smoke control systems
183	183	6.23inspected or tested; and the date of the inspection or test. The building owner shall take the
184	184	6.24necessary steps to ensure the defective equipment is replaced or repaired and that compliance
185	185	6.25with the applicable inspection and testing requirements have been achieved. A building
186	186	6.26owner who does not comply within 30 days is in violation of this section.
187	187	6.27 (b) The building owner shall post a notice of verification of the testing and inspection
188	188	6.28of fire life safety dampers and smoke control systems in the outside lobby window of the
189	189	6.29building or other area clearly visible to the public. The verification shall state the address
190	190	6.30of the building and the date of the last fire life safety damper inspection, smoke control
191	191	6.31system inspection, and the date that each inspection expires.
192	192	6.32 Subd. 8.Submissions and inspections.(a) Building owners shall submit copies of
193	193	6.33operation certificates to the state fire marshal documenting compliance with the testing
194	194	6Sec. 2.
195	195	REVISOR SS/NS 25-0066612/19/24 7.1requirements of this section within 30 days of obtaining certificates of operation. The state
196	196	7.2fire marshal shall commence enforcement actions for any instance of noncompliance.
197	197	7.3 (b) When the state fire marshal conducts an annual fire inspection of any building, it
198	198	7.4shall inspect the building owner's fire life safety dampers, smoke control systems, and
199	199	7.5HVAC duct system that contain a fire life safety damper or is part of a smoke control system
200	200	7.6control system certificate of operation to ensure it complies with the requirements of this
201	201	7.7section and commence enforcement actions if violations are found.
202	202	7.8 Subd. 9.Enforcement and penalties.The state fire marshal shall assess a $100 civil
203	203	7.9penalty for each day of noncompliance to any building owner in violation of this section.
204	204	7.10 Subd. 10.Rulemaking.The commissioner of public safety shall adopt rules to carry
205	205	7.11out the provisions of this section.
206	206	7.12 EFFECTIVE DATE.Subdivisions 1 to 4 are effective one year after publication in the
207	207	7.13State Register of rules adopted under subdivision 10. Subdivisions 5 to 9 are effective the
208	208	7.14day following final enactment of rules adopted under subdivision 10. Subdivision 10 is
209	209	7.15effective the day following final enactment.
210	210	7.16 Sec. 3. EFFECTIVE DATE.
211	211	7.17 Unless otherwise provided, this act takes effect the day following enactment of
212	212	7.18administrative rules to review and approve third-party inspection training and certification
213	213	7.19programs by the state fire marshal or July 1, 2025, whichever occurs first.
214	214	7Sec. 3.
215	215	REVISOR SS/NS 25-0066612/19/24