How to request a fire code variance
If you are requesting a fire code variance, you should know:
- There is substantial compliance with the provisions of the fire code.
- The safety of the public and building occupants will not be jeopardized.
- Undue hardship will result to the requesting party unless the variance is granted.
What it takes to apply for a variance
Submit the following items as a package directly to the State Fire Marshal division in St. Paul
- A completed variance request form. All blanks must be complete. Please be thorough. The panel with be making decisions based on the information you provide.
- Supplemental information such as floor plans, diagrams, contractor bids or estimates, and photographs are encouraged as they assist in making a determination relating to your request.
Possible local government action
If the variance request involves an order from a municipal or local fire official (such as a fire chief, fire marshal, or fire inspector), state statute requires local governing body action. The local governing body would be the city council, county board, board of supervisors, board of appeals, or town board in the area where the orders were issued.
- The local governing body may move to endorse the matter to the State Fire Marshal.
- It is up to you to present your case to the local governing body.
- If the variance involves an order from the State Fire Marshal, no local governing body action is required.
Your request will be placed on the Fire Marshal's Code Advisory Panel agenda
Once a complete variance package has been received, your request will be placed on the Fire Marshal's Code Advisory Panel agenda for their consideration.
We recommend you appear before the panel to present your information and answer any questions. The panel may also solicit comments and information from the involved inspector, and/or the local fire chief. After a thorough evaluation of the issue, a recommendation will be made by the panel to the state fire marshal.
The state fire marshal will issue a decision
The state fire marshal will issue a decision approving, modifying, or rejecting the variance. You will be notified in writing after the state fire marshal has made their decision (typically within 10 working days after the panel recommendation).
If the request is not granted, you may proceed before the fire marshal as with a contested case in accordance with the Administrative Procedure Act. This consists of a hearing that is similar to a court trial. This request must be made in writing to the state fire marshal. It is suggested that you consult legal counsel prior to commencing a contested case hearing.
How to request a time extension
The state fire marshal is required to give a reasonable time for property owners to comply with fire code orders that are issued. Properties that need additional time must formally request a time extension from the state fire marshal.
In considering time extension requests, the State Fire Marshal Code Advisory Panel will make its recommendations based on an assessment of the following criteria:
- A good faith effort has been/is being made to correct all violations cited.
- The granting of a time extension is an acceptable risk for the building occupants and the State of Minnesota.
- Undue hardship will result to the requesting party unless the extension is granted.
Submit the following items as a package directly to the state fire marshal in St. Paul
Submit the following items as a package directly to the state fire marshal in St. Paul:
- A completed variance request form. All blanks must be complete. Please be thorough. The panel with be making decisions based on the information you provide. Remember: you must supply all the information to be considered.
- Supplemental information such as floor plans, diagrams, contractor bids or estimates, and photographs are encouraged as they assist in making a determination relating to your request.
Your request will be placed on the Fire Marshal's Code Advisory Panel agenda
Once a complete variance package has been received, your request will be placed on the Fire Marshal's Code Advisory Panel agenda for their consideration. We recommend that you appear before the panel to present your information and answer any questions. The panel may also solicit comments and information from the involved inspector, and/or the local Fire Chief. After a thorough evaluation of the issue, a recommendation will be made by the panel to the state fire marshal.
The state fire marshal makes a decision
The state fire marshal will issue a decision approving, modifying, or rejecting the time extension request. You will be notified in writing after the fire marshal has made his/her decision (typically within 10 working days after the panel recommendation).
If the time extension request is not granted, you may proceed before the fire marshal as with a contested case in accordance with the Administrative Procedure Act. This consists of a hearing that is similar to a court trial. This request must be made in writing to the state fire marshal. It is suggested that you consult legal counsel prior to commencing a contested case hearing.
Questions?
Call us at 651-201-7221 or email us your questions.