This information explains how the Minnesota State Fire Code (MSFC) is applied and enforced, including jurisdictions in which the MSFC applies, and who is responsible for enforcement. 

Adoption of the Minnesota State Fire Code

The first Minnesota fire code was adopted Oct. 3, 1975, to safeguard lives and property due to fire and other hazardous conditions. State law allows us to create a

 state fire code through the administrative rule-making process. As required by statute, a nationally recognized model code is adopted along with specific state amendments. To stay current with modern construction methods, technology and fire safety practices, the state fire code is periodically updated. The current version is the 2020 Minnesota State Fire Code, formally adopted March 31, 2020. It consists of the 2018 International Fire Code, published by the International Code Council, Inc., along with state amendments. 

Application

The MSFC applies throughout the state and in all Minnesota political subdivisions and municipalities. It applies to all structures — residential, commercial, private and public — whether or not a municipal, township or county government has adopted the code. The MSFC is not enforceable on sovereign tribal land or federally owned property. 

Provisions for new and existing buildings

The fire code contains two sets of minimum requirements — one for buildings classified as new construction, and the other for existing construction. 

Construction that occurred on or after the fire code adoption date of March 31, 2020, is classified as new construction, while construction that occurred prior to March 31, 2020, is classified as existing. There are a few exceptions to this rule: 

• Administrative, operational and maintenance provisions may apply to both new and existing buildings. 
• Changing use or occupancy classification of an existing building may require compliance with the provisions for “new construction.” 
• Existing conditions that are deemed by the code official to constitute a distinct hazard may require compliance with “new construction” provisions. 

Who is authorized to enforce the fire code?

The fire code official

The fire code official (fire chief, fire department representatives authorized by the fire chief, or other authority specifically designated by ordinance or regulation that is charged with the administration and enforcement of the code) has authority to enforce the fire code, along with the state fire marshal or the state fire marshal’s representative. 

The Minnesota State Fire Marshal Division

We have responsibility for the following: 

• Public school buildings (including charter schools) used for K-12 education. 
• Hotels, motels, bed and breakfast, vacation rentals/resorts that contain six or more rental units. 
• Child and adult care programs licensed by the Minnesota Department of Human Services, including:
  • Child and adult care centers. 
  • Chemical dependency and residential treatment programs. 
  • Day training and habilitation services. 
  • Group/family child care (residential).
  • Child and adult foster care (residential). 
• Certified Medicare or Medicaid health-care facilities. 
• State licensed health-care facilities (hospitals and nursing homes). 
• Correctional facilities. 

For occupancies not listed above, the primary authority having jurisdiction would be the local fire chief or the chief’s duly authorized representative.