Changing ‘townhouse’ definition pits homebuilders against fire officials

What’s the difference between a townhouse and a twinhome? To most consumers, it might not be much. But to the home-building industry and to public safety officials, the disparity could mean the difference between a booming economy and fire safety requirements.

At issue is whether state building guidelines – the Minnesota Residential Code – should go through the administrative rulemaking process to better align with the International Residential Code. HF792, sponsored by Rep. Tama Theis (R-St. Cloud), however, would change the legal definition of a townhouse to include three or more units, an increase from the current two or more units in a building.

Rep. Tama Theis

The change would mean treating two-unit townhouses like single-family dwellings under the code and thus, exempting two-unit residences from sprinkler requirements.

Although the House Commerce and Regulatory Reform Committee approved the bill on a voice vote, it came with dissent from Richfield Fire Chief Wayne Kewitsch, also a Minnesota State Fire Chiefs Association representative, who said changing the definition in state statute would eliminate certain sprinkler system requirements. The bill heads to the House Job Growth and Energy Affordability Policy and Finance Committee.

Its Senate companion, SF578, sponsored by Sen. Rich Draheim (R-Madison Lake), awaits action in the Senate Jobs and Economic Growth Finance and Policy.

The current building code is limiting to contractors, Theis and proponents said. Building “less and less” townhouses in Minnesota is depriving the state from a boom, according to Theis. “While most think it doesn’t have a lot to do with local economy, it does.”

Builders Association of Minnesota Executive Vice President Remi Stone joined Theis and Rep. Ben Lien (DFL-Moorhead) in defending the proposal. Stone said current guidelines discriminate against people hoping to buy these properties.

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“This specific policy is pushing people…to the other side of the river,” Lien added, referring to the state losing homebuyers to neighboring Fargo, N.D. The Home Builders Association of Fargo Moorhead reports that only two permits were issued in Moorhead in 2015 because of the definition, while Fargo saw 152 permits and West Fargo saw 117.

But Rep. Debra Hillstrom (DFL-Brooklyn Center) championed Kewitsch’s point about using legislation to rewrite building codes that traditionally go through administrative rulemaking processes. Hillstrom told Theis she was setting a dangerous precedent for a “pet project.”

“On the surface this may seem like a simple definition change, but it will have a domino effect on the code,” Kewitsch said.