June 2006

building codes and standards Construction Codes and Licensing Division

New carbon monoxide (CO) alarm requirement passed into law
The 2006 legislative session resulted in a new law that will require carbon monoxide detectors to be placed in new and existing residential structures. The requirement can be found in Minnesota Statutes 299F.50. The Department of Public Safety, State Fire Marshal Division, has responsibility for this statute and has posted a statement on their Web site that explains the new requirement. This new requirement will affect all new single-family homes and multi-family dwelling units built in Minnesota where building permits are obtained after Jan. 1, 2007. The law will also require existing single-family homes to comply by Aug. 1, 2008 and existing multi-family dwellings and apartment units by Aug. 1, 2009. Further information about the requirements is online at or call the State Fire Marshal office at (651) 201-7200.

Municipalities will soon submit surcharge reports online
Coming in July, municipalities will be able to file report since it was redesigned in 2004. Chapter 1300 online their Building Permit Surcharge Reports, make of the building code was changed in 2004 to allow a jurisdiction to charge a fixed fee for “one- and twotheir payment and save and view previous reports. family dwelling maintenance permits for roofing, “This new online option will not result in any siding, windows, doors, or other minor projects.” major changes to the content of the form,” said Michael Godfrey, Education Rules and Code E-mail notices will be sent to Building Officials when Development, who worked with DLI technology the online form is posted at staff and other construction code representatives to buildingcodes/localgovernment.html. develop the online form. “Soon, we will be able to process their report data much faster and provide In addition to the new form, customers will find an updated manual which includes: them with a confirm of receipt immediately.” • Minnesota Statutes 16B, the state surcharge law; • Minnesota Rules 1300.0160, the code for permit The surcharge report is used by municipalities to fees; report the value of building permits issued during the • 1300.0160 commentary; past quarter (for municipalities of fewer than 20,000 • instructions for filling out the form and population) or month (more than 20,000 population). submitting it electronically; • permit fee schedules; and Applying a formula to the total determines the amount • questions and answers. of surcharge fees to be sent to the Department of Labor and Industry (DLI). If you have any questions about the new process, No major changes have been made to the surcharge contact Robin Roscoe at (651) 284-5804.
443 Lafayette Road N.1 St. The Standard • JUNE 2006 • Minnesota Department of Fax: (651) 284-5749 · TTY: (651) 297-4198 Page · • Paul, MN 55155-4341 • • Phone: (651) 284-5068 · Labor and Industry

Questions regarding foam plastic insulation
The International Residential Code requires foam plastic insulation to be separated from the interior of the building by a minimum ½ inch gypsum board or an approved finish material equivalent to a thermal barrier (equal to 15 minute rating). Reference: IRC section R318.1.2 Question: Can a “flame-retardant” poly serve as the thermal barrier in front of a foam plastic insulation product? Answer: No. A flame-retardant poly is considered to be flame retardant because the flame spread rating (per ASTM E 84) is less than 25, which basically implies the poly itself does not need a thermal barrier over it. In order for a product serve as a 15 minute thermal barrier, which is required over foam plastic insulation products, it needs to be tested per ASTME 119, which is a fire test that measures the rise in temperature of a wall assembly from one side to another during a fire test. The poly is not tested to ASTM E 119. Reference: IRC section R314.4. Question: Do foam plastic insulation products need to meet the “critical radiant flux” requirements for attic insulation? Answer: No. The critical radiant flux requirements in ASTM E 970 do not apply to foam plastic insulation products. The critical radiant flux applies to products such as cellulose and mineral fiber insulation. Reference: IRC section R314.4 and R316.4. Question: Could wood be used as the 15 minute thermal barrier material over foam plastic insulation products? Answer: A proponent (owner/designer/builder) would need to submit sufficient data to the building official for consideration when an alternate material is proposed that is not specifically referenced in the code. There are sources available that could be considered for additional information (such as Technical Topic No. TT060A, “APA Performance Rated Wood Structural Panels as Thermal Barriers,” on the Web site of the APA The Engineered Wood Association at and research publications on the Web site of the United States Forest Products Laboratory at If you wish to submit a construction codes question, please contact Peter Kulczyk at He is coordinating the submissions and responses in this column. All are welcome to contact any of the CCLD technical staff at DLI regarding code questions.


Construction codes questions and answers

Congratulations to the state’s recently designated municipal Building Officials: • Emajean M. Hanson City of Carlos • Pamela Swanson City of Audubon • Clifford M. Skogstad Jr. City of Cold Spring The Building Official list is online at buildingcodes.html. If a change is needed to the list, please contact Peggi White at

Building Officials Notices
Official notices are sent to Building Officals via e-mail. Please send changes to e-mail addresses or business phone numbers to bcsd.response@ Municipalities should report Building Official designation changes by mailing the online form at bc_local_government designation_of_certified_ building_official.html.

Building Official, Building Official Limited and Accessibility Classes
Sept. 26 - 29 and Dec. 19 - 22 Additional information and registration form are online at certification.html.

June • 2006


Page 2 • The Standard • JUNE 2006 • Minnesota Department of Labor and Industry

Dealer owned manufactured homes located and displayed in manufactured home parks
The Minnesota Department of Labor and Industry, Construction Codes and Licensing Division (CCLD) realizes that it is becoming common for licensed manufactured home dealers to own homes located in manufactured home parks and offer these homes for sale where they are sited in the parks. The locations of these homes in the parks may not be in proximity to the licensed dealers licensed location and they could not be considered as unimproved sales lots or unimproved storage lots as stated in Minnesota Rules1350.7300, subparts 3 and 4. Minnesota Rules 1350.7300, subparts 3 and 4, require the licensed dealer to notify CCLD about locations of unimproved sales or storage lots. This was included in a Manufactured Home Information bulletin #22 issued March 1, 1989, to all manufactured home manufacturers, dealers and installers. Although manufactured home parks may not be considered as unimproved sales lots, CCLD may view the parks as unimproved storage lots if actual sales transactions for the homes owned by the licensed dealer take place at the dealers licensed location of business. This applies if the licensed location of business is other than the park address the homes are located in. Therefore, be aware that licensed manufactured home dealers who own manufactured homes (new or used) located in manufactured home parks must maintain and submit the following information about those homes on a continual basis. This includes the: · home manufacturers brand name; · home serial number; · date of manufacture of the home; · site address (lot number, street address, city, and ZIP code); and · licensed manufactured home park name. As homes are sold by the licensed dealer, the dealer shall submit documentation to CCLD removing those homes from the list, if homes are purchased by the dealer and left in the park for re-sale the dealer shall submit documentation to CCLD with the information listed above. Homes listed as owned by the dealer and located in manufactured home parks are subject to inspection to determine manufactured home code compliance during routine dealer lot audits conducted by CCLD personnel. Contact Manufactured Structures at (651) 284-5068 with questions.

Department of Labor and Industry - Construction Codes and Licensing Division
443 Lafayette Road N., St. Paul, MN 55155 St. Paul, MN 55155 FAX: (651) 284-5749 Page 3 • The Standard • JUNE 2006 • Minnesota Department of Labor and Industry