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Minnesota Real Estate: Court of Appeals Throws Out Fire Sprinkler Requirement for Newly-Built Homes

       The Minnesota Court of Appeals goes in favor with Home Builders in its new state rule that no longer requires a fire sprinkler system to be installed in every large, newly-built home.

The Mandate took into effect last January and was employed by the Department of Labor and Industry. The mandate required all newly-built single-family houses larger than 4,500 square feet to have fire sprinklers installed in them.

            Court of Appeals have ruled that the "DLI has failed establish a record supporting the 4,500 sq. ft. threshold for sprinklers as required by Minnesota law, invalidating the sprinkler mandate."

            "After making a careful and searching inquiry of the record, we conclude that the 4,500-square-foot threshold for one-family dwellings is arbitrary and not supported by substantial evidence in the record," the ruling said. "Based upon precedent from our Supreme Court, there must be a 'reasoned determination' as to why particular standards were chosen in an administrative rule. ... Because the record does not include evidence of any reasoned determination to indefinitely exempt new one-family dwellings under 4,500 square feet, the sprinkler rule must be declared invalid."

            According to the news from BATC, the Builders Association of the Twin Cities filed a petition to the Court of Appeals to challenge the appropriates ness of Department of Labor and Industry in creating amendments in the  Minnesota's International Residential Code. Their petition also argues that the sprinkler rule exceeded the rulemaking authority granted under Minnesota law.

            BATC Executive Director David Siegel said in a statement that the ruling against the mandatory fire sprinkler is a victory for all Minnesotans.

            "The sprinkler mandate was unnecessarily impacting the housing market and home ownership access for thousands of Minnesotans," said Siegel.  "The Court's decision to invalidate the sprinkler rule confirms what the public, legislature, and code experts have overwhelmingly stated all along, the sprinkler mandate is arbitrary and not supported."


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