HF 1026

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 03:44pm

A bill for an act
relating to the State Building Code; modifying municipal enforcement
requirements; amending Minnesota Statutes 2014, section 326B.121, subdivision
2, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 326B.121, subdivision 2, is amended to
read:

Subd. 2.

Municipal enforcement.

(a) If, as of January 1, 2008, a municipality has
in effect an ordinance adopting the State Building Code, that municipality must continue
to administer and enforce the State Building Code within its jurisdiction. new text begin Except as
provided under subdivision 2a, new text end the municipality is prohibited from repealing its ordinance
adopting the State Building Code. This paragraph does not apply to municipalities with a
population of less than 2,500 according to the last federal census that are located outside
of a metropolitan county, as defined in section 473.121, subdivision 4.

(b) If a municipality is not required by paragraph (a) to administer and enforce the
State Building Code, the municipality may choose to administer and enforce the State
Building Code within its jurisdiction by adopting the code by ordinance.

(c) A municipality must not by ordinance, or through development agreement,
require building code provisions regulating components or systems of any structure that are
different from any provision of the State Building Code. This subdivision does not prohibit
a municipality from enacting or enforcing an ordinance requiring existing components or
systems of any structure to be maintained in a safe and sanitary condition or in good repair,
but not exceeding the standards under which the structure was built, reconstructed, or
altered, or the component or system was installed, unless specific retroactive provisions for
existing buildings have been adopted as part of the State Building Code. A municipality
may, with the approval of the state building official, adopt an ordinance that is more
restrictive than the State Building Code where geological conditions warrant a more
restrictive ordinance. A municipality may appeal the disapproval of a more restrictive
ordinance to the commissioner. An appeal under this subdivision is subject to the schedule,
fee, procedures, cost provisions, and appeal rights set out in section 326B.139.

(d) A city may by ordinance and with permission of the township board extend the
administration and enforcement of the code to contiguous unincorporated territory not more
than two miles distant from its corporate limits in any direction if the code is not already
administered and enforced in the territory. Where two or more noncontiguous cities, which
have elected to administer and enforce the code, have boundaries less than four miles
apart, each is authorized to enforce the code on its side of a line equidistant between them.
Once enforcement authority is extended extraterritorially by ordinance, the authority may
continue to be exercised in the designated territory even though another city less than four
miles distant later elects to enforce the code. After the extension, the city may enforce the
code in the designated area to the same extent as if the property were situated within its
corporate limits. Enforcement of the code in an extended area outside a city's corporate
limits includes all rules, laws, and ordinances associated with administration of the code.

(e) A city cannot commence administration and enforcement of the code outside of
its jurisdiction until it has provided written notice to the commissioner, the county auditor,
and the town clerk of each town in which it intends to administer and enforce the code. A
public hearing on the proposed administration and enforcement must be held not less than
30 days after the notice has been provided. Administration and enforcement of the code
by the city outside of its jurisdiction commences on a date determined by the city that is
no less than 90 days nor more than one year after the public hearing.

(f) A municipality may enforce the State Building Code by any means that are
convenient and lawful, including entering into contracts with other municipalities under
section 471.59 and with qualified individuals. The other municipalities or qualified
individuals may be reimbursed by retention or remission of some or all of the building
permit fee collected or by other means. If a municipality has no qualified employees
of the municipality or other municipalities or qualified individuals available to carry
out inspection and enforcement, the commissioner shall train and designate individuals
available to carry out inspection and enforcement. The commissioner may be reimbursed
for the inspection by retention or remission of some or all of the building permit fee
collected or by other means.

(g) Nothing in this subdivision prohibits a municipality from adopting ordinances
relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision
of the State Building Code that regulates components or systems of any structure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 326B.121, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Mille Lacs County. new text end

new text begin Notwithstanding subdivision 2, paragraph (a), Mille
Lacs County may rescind the local ordinance adopted on September 2, 2003, and filed in the
Mille Lacs County Recorder's Office as Document number 304899 on October 23, 2003,
establishing local application, administration, and enforcement of the State Building Code.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end