Minn. R. 1300 § 1300.0040
SCOPE.
Operative Text
Subpart 1. Applicability. The code applies to the design, construction, addition, alteration, moving, replacement, demolition, repair, equipment, installation, use and occupancy, location, maintenance, and inspection of any building, structure, or building service equipment in a municipality, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the code, and hydraulic flood control structures. Exception: When approved by the building official, buildings, structures, or portions thereof, used exclusively by military personnel, police, fire, or first responders for training purposes may be designed to reflect actual conditions that may be encountered in field operations, maneuvers, or tactics, however, structural provisions must apply. Subp. 2. Compliance. Structures classified under part 1300.0070, subpart 12b, as IRC-1, IRC-2, IRC-3, and IRC-4 occupancies not more than three stories above grade plane in height with a separate means of egress shall comply with chapter 1309 and other applicable rules. Other buildings and structures and appurtenances connected or attached to them shall comply with chapter 1305 and other applicable rules. Exception: The following structures that meet the scope of chapter 1305 shall be permitted to be designed to comply with Minnesota Rules, chapter 1311: (1) existing buildings undergoing repair, alteration, change of occupancy, addition, or being moved; and (2) historic buildings. If different provisions of the code specify different materials, methods of construction, or other requirements, the most restrictive provision governs. If there is a conflict between a general requirement and a specific requirement, the specific requirement applies. If reference is made in the code to an appendix, the provisions in the appendix do not apply unless specifically adopted by the code. Optional appendix chapters of the code identified in part 1300.0060 do not apply unless a municipality has specifically adopted them.
Minnesota Rule 1300, Section 1300.0040 establishes the broad reach of the state building code, covering virtually every phase of a building's life—from initial design and construction through ongoing use, maintenance, and eventual demolition—for structures located within a municipality. Most buildings must follow either the residential code (chapter 1309) or the commercial building code (chapter 1305), depending on occupancy type and size, while existing and historic buildings may qualify to follow the alternative standards in chapter 1311. When code provisions conflict, the more restrictive or more specific requirement controls, and appendix provisions carry no legal weight unless formally adopted by the relevant municipality or the state.
Plain English — not legal advice.
Property owners and managers operating in Minnesota should be aware that Minn. R. 1300 § 1300.0040 subjects virtually all building activity—including repairs, alterations, additions, and changes of occupancy—to state building code requirements. Compliant operators typically determine at the outset of any project whether their structure falls under the residential code (chapter 1309) or the commercial code (chapter 1305), and they verify whether their municipality has adopted any optional appendix chapters before relying on those provisions. For existing or historic buildings, operators generally confirm with the local building official whether compliance through chapter 1311 is an available and appropriate path.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants benefit from knowing that Minn. R. 1300 § 1300.0040 requires the buildings they occupy to meet Minnesota's building code standards across a wide range of conditions, from original construction through ongoing maintenance and any alterations a landlord undertakes. If a tenant believes that work being done on their building—or the condition of the building itself—does not meet code requirements, they may raise that concern with the local building official, who has inspection authority under this provision. Tenant-rights organizations and legal aid services can help tenants understand how building code compliance intersects with habitability rights and what general options exist for addressing potential violations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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