July 26, 2007
Patricia Munkel-Olson
Construction Codes and
Licensing Attorney
Minnesota Department of Labor
& Industry
RE: Request
for review and approval of a reduction of the time period before publication
for good cause pursuant to Minn. Stat. § 14.101, subd. 4, for rules governing
radon control
OAH
Docket No. 70-1900-19104-1
Dear Ms. Munkel-Olson:
I have reviewed the Department of Labor
and Industry Construction Code and Licensing Division’s request, pursuant to
Minn. Stat. § 14.101, subd. 4, to reduce the time period between publication of
the Request for Comments and the Dual Notice from 60 to 30 days for good cause.
The Division indicates that, effective August 1, 2007,
it is required under Laws of Minnesota 2007, chapter 40, section 1 to adopt
rules for radon control as part of the State Building Code for new residential
buildings. Currently, the Division is
involved in rulemaking regarding the Residential Energy Code, of which radon
control methods is a part. To date, the Division has published two
Requests for Comments regarding the Residential Energy Code. The Division intends to propose the
Residential Energy Code and the radon control methods as one rulemaking and
argues that bifurcating the two rules would be unduly cumbersome, expensive,
and inexpedient. Accordingly, the
Division is asking for a reduction in the time between publication of the
Request for Comments and the Dual Notice from 60 days to 30 days to accommodate
the deadline set forth by the legislature and because this Request for Comments
amounts to a third solicitation of comments regarding the same set of rules.
Based upon these arguments, the Division
has shown good cause and is authorized to shorten the time period between
publication of the Request for Comments and the Dual Notice from 60 to 30 days. If you have any questions, please contact
Sincerely,
s/Raymond R. Krause
RAYMOND
R. KRAUSE
Chief
Administrative Law Judge