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1996 Minnesota Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagmn0036 and id is 1 raw text is: MANUFACTURED HOME PARKS: FIRE CODE: Fire code road width requirements may be applied to existing park where hazard to life or property exists. 238i (Cr. Ref. 59a, 197) February 23, 1996 Brian D. Neugebauer Moorhead City Attorney Ohnstad Twichell, PC First National Bank ND Building 901 - 13th Avenue East PO Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: In your letter to Attorney General Hubert H. Humphrey m you set forth substantially the following: FACTS The City of Moorhead's Fire Chief has determined that a certain manufactured home park's failure to have twenty foot fire lanes constitutes a distinct hazard to life or property. In view of that determination, the City of Moorhead would like to require the owner of the manufactured home park to comply with the Uniform Fire Code which provides, in relevant part: [flire apparatus access roads shall have an unobstructed width of not less than 20 feet. . . . Uniform Fire Code § 10.204(a) (1991) (emphasis added). You indicate that, since Minn. Stat. § 327.20, subd. 1(3) (1994) requires the drive to be at least sixteen feet in width, you believe a conflict exists between section 10.204(a) of the Uniform Fire Code and Minn. Stat. § 327.20, subd. 1(3). You also point out that Minn. Stat. § 462.357 was amended in 1994 to add subdivision la, which provides: Subd. la. Certain zoning ordinances. A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size and setback requirements. 4oo.Ws

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