Minnesota Administrative Rules
Agency 151 - Labor and Industry Department
Chapter 1300 - BUILDING CODE
Part 1300.0070 - DEFINITIONS

Subpart 1. Scope; incorporation by reference.

The definitions in this part apply to parts 1300.0010 to 1300.0250. For terms that are not defined through the methods authorized by this chapter, the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

Subp. 2. Administrative authority.

"Administrative authority" means a municipality's governing body or its assigned administrative authority.

Subp. 3. Adult day care center.

"Adult day care center" means a facility that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator.

Subp. 4. Agricultural building.

"Agricultural building" means a building that meets the requirements of Minnesota Statutes, section 326B.103, subdivision 3.

Subp. 5. Building official.

"Building official" means the municipal building code official certified under Minnesota Statutes, section 326B.133, subdivisions 2 and 3.

Subp. 6. Building service equipment.

"Building service equipment" refers to the plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, fixtures, and other accessories, that provides sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use and occupancy.

Subp. 7. City.

"City" means a home rule charter or statutory city.

Subp. 8. Code.

"Code" means the Minnesota State Building Code adopted under Minnesota Statutes, section 326B.106, subdivision 1, and includes the chapters identified in part 1300.0020.

Subp. 9. Commissioner.

"Commissioner" means the commissioner of labor and industry.

Subp. 10. Designate.

"Designate" means the formal designation by a municipality's administrative authority of a certified building official accepting responsibility for code administration.

Subp. 10a. Family adult day services.

"Family adult day services" means a program providing services for up to eight functionally impaired adults for less than 24 hours per day in the license holder's primary residence according to Minnesota Statutes, section 245A.143. This includes programs located in residences licensed by the Department of Human Services for adult foster care, provided that not more than eight adults, excluding staff, are present in the residence at any time.

Subp. 11. Family day care home.

"Family day care home" means a residence or portion of a residence licensed by the Department of Human Services under chapter 9502 for no more than ten children at one time of which no more than six are under school age, and must meet Group R, Division 3 occupancy requirements.

Subp. 12. Group day care home.

"Group day care home" means any residence or portion of a residence licensed by the Department of Human Services under chapter 9502 for no more than 14 children at any one time, and must meet Group R, Division 3 occupancy requirements.

Subp. 12a. International residential code (IRC) occupancy classifications.

International residential code (IRC) occupancy classifications are as follows:

IRC-1 single-family dwellings;

IRC-2 two-family dwellings;

IRC-3 townhouses; and

IRC-4 accessory structures:

Subp. 12b. International residential code (IRC) occupancy classifications.

International residential code (IRC) occupancy classifications are as follows:

IRC-1 single-family dwellings;

IRC-2 two-family dwellings;

IRC-3 townhouses; and

IRC-4 accessory structures:

Subp. 13. Mandatory terms.

"Mandatory terms" include "must" and "shall," which have the same meaning.

Subp. 14. Manufactured home.

"Manufactured home" has the meaning given in Minnesota Statutes, section 327.31, subdivision 3, and for the purpose of determining occupancy separations, is considered a Group IRC-1 occupancy.

Subp. 15. Master plan.

"Master plan" is a plan that has been reviewed for code compliance by the building official and stamped "Reviewed for Code Compliance."

Subp. 16. Mayor and city council.

"Mayor" and "city council" mean governing body whenever they appear in the code.

Subp. 17. Municipality.

"Municipality" means a city, county, or town; the University of Minnesota; or the state of Minnesota for public buildings and state licensed facilities.

Subp. 18. Outpatient clinic.

"Outpatient clinic" means a building or part of a building used to provide, on an outpatient basis, surgical treatment requiring general anesthesia, kidney dialysis, or other treatment that would render patients incapable of unassisted self-preservation under emergency conditions. "Outpatient clinic" includes outpatient surgical centers, but does not include doctors' and dentists' offices or clinics for the practice of medicine or the delivery of primary care. Outpatient clinics must meet Group B occupancy requirements.

Subp. 19. Performance-based design.

An engineering approach to design elements of a building based on agreed upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives, using accepted engineering tools, methodologies, and performance criteria.

Subp. 20. Recyclable materials.

"Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastic, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.

Subp. 21. Recycling.

"Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.

Subp. 22. Residential hospice facility.

"Residential hospice facility" means a facility located in a residential area that directly provides 24-hour residential and support services in a home-like setting for one to 12 persons who have been diagnosed as terminally ill with a probable life expectancy of under one year. A residential hospice facility must meet IBC Group R-4 occupancy requirements.

Subp. 23. Supervised living facility.

"Supervised living facility" means a facility in which there is provided supervision, lodging, meals, and according to the rules of the Minnesota Department of Human Services and the Minnesota Department of Health, counseling and developmental habilitative or rehabilitative services to persons with developmental disabilities, chemically dependent, adult mentally ill, or physically disabled.

Subp. 24. State building official.

"State building official" means the person who, under the direction and supervision of the commissioner, administers the code.

Subp. 25. State licensed facilities.

"State licensed facilities" means a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, or correctional facility.

Subp. 26. State-owned buildings.

"State-owned buildings" means buildings and structures financed in whole or in part by state funds that are under the exclusive jurisdiction and custodial control of one or more state department or agency.