1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
|1st Engrossment||Posted on 08/14/1998|
1.1 A bill for an act 1.2 relating to construction; changing and clarifying law 1.3 relating to the building code and zoning law; amending 1.4 the interstate compact on industrialized/modular 1.5 buildings; amending Minnesota Statutes 1994, sections 1.6 16B.59; 16B.60, subdivisions 1 and 4; 16B.61, 1.7 subdivisions 1, 1a, 2, and 5; 16B.63, subdivision 3, 1.8 and by adding a subdivision; 16B.65, subdivisions 1, 1.9 3, 4, and 7; 16B.67; 16B.70; 16B.75; 366.10; 366.12; 1.10 366.16; 394.33, subdivision 2; 394.361, subdivision 3; 1.11 462.358, subdivisions 2a and 9; and 462.359, 1.12 subdivision 4. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 ARTICLE 1 1.15 BUILDING CODE 1.16 Section 1. Minnesota Statutes 1994, section 16B.59, is 1.17 amended to read: 1.18 16B.59 [STATE BUILDING CODE; POLICY AND PURPOSE.] 1.19 The state building code governs the construction, 1.20 reconstruction, alteration, and repair of
state-ownedbuildings 1.21 and other structures to which the code is applicable. The 1.22 commissioner shall administer and amend a state code of building 1.23 construction which will provide basic and uniform performance 1.24 standards, establish reasonable safeguards for health, safety, 1.25 welfare, comfort, and security of the residents of this state 1.26 and provide for the use of modern methods, devices, materials, 1.27 and techniques which will in part tend to lower construction 1.28 costs. The construction of buildings should be permitted at the 1.29 least possible cost consistent with recognized standards of 2.1 health and safety. 2.2 Sec. 2. Minnesota Statutes 1994, section 16B.60, 2.3 subdivision 1, is amended to read: 2.4 Subdivision 1. [SCOPE.] For the purposes of sections 2.5 16B.59 to 16B.7316B.75, the terms defined in this section have 2.6 the meanings given them. 2.7 Sec. 3. Minnesota Statutes 1994, section 16B.60, 2.8 subdivision 4, is amended to read: 2.9 Subd. 4. [CODE.] "Code" means the state building code 2.10 adopted by the commissioner in accordance with sections 16B.59 2.11 to 16B.7316B.75. 2.12 Sec. 4. Minnesota Statutes 1994, section 16B.61, 2.13 subdivision 1, is amended to read: 2.14 Subdivision 1. [ADOPTION OF CODE.] Subject to sections 2.15 16B.59 to 16B.7316B.75, the commissioner shall by rule 2.16 establish a code of standards for the construction, 2.17 reconstruction, alteration, and repair of state-ownedbuildings, 2.18 governing matters of structural materials, design and 2.19 construction, fire protection, health, sanitation, and safety. 2.20 The code must conform insofar as practicable to model building 2.21 codes generally accepted and in use throughout the United 2.22 States. In the preparation of the code, consideration must be 2.23 given to the existing statewide specialty codes presently in use 2.24 in the state. Model codes with necessary modifications and 2.25 statewide specialty codes may be adopted by reference. The code 2.26 must be based on the application of scientific principles, 2.27 approved tests, and professional judgment. To the extent 2.28 possible, the code must be adopted in terms of desired results 2.29 instead of the means of achieving those results, avoiding 2.30 wherever possible the incorporation of specifications of 2.31 particular methods or materials. To that end the code must 2.32 encourage the use of new methods and new materials. Except as 2.33 otherwise provided in sections 16B.59 to 16B.7316B.75, the 2.34 commissioner shall administer and enforce the provisions of 2.35 those sections. 2.36 Sec. 5. Minnesota Statutes 1994, section 16B.61, 3.1 subdivision 1a, is amended to read: 3.2 Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The 3.3 commissioner shall administer and enforce the state building 3.4 code as a municipality with respect to public buildings and 3.5 state licensed facilities in the state. The commissioner shall 3.6 establish appropriate permit, plan review, and inspection fees 3.7 for public buildings and state licensed facilities. Fees and 3.8 surcharges for public buildings and state licensed facilities 3.9 must be remitted to the commissioner, who shall deposit them in 3.10 the state treasury for credit to the special revenue fund. 3.11 Municipalities other than the state having a contractual 3.12 agreement with the commissioner for code administration and 3.13 enforcement service for public buildings and state licensed 3.14 facilities shall charge their customary fees, including 3.15 surcharge, to be paid directly to the contractual jurisdiction 3.16 by the applicant seeking authorization to construct a public 3.17 building or a state licensed facility. The commissioner shall 3.18 contract with a municipality other than the state for plan 3.19 review, code administration, and code enforcement service for 3.20 public buildings and state licensed facilities in the 3.21 contractual jurisdiction if the building officials of the 3.22 municipality meet the requirements of section 16B.65 and wish to 3.23 provide those services and if the commissioner determines that 3.24 the municipality has enough adequately trained and qualified 3.25 building inspectors to provide those services for the 3.26 construction project. 3.27 The commissioner shall administer and enforce the 3.28 provisions of the code relating to elevators statewide, except 3.29 as provided for under section 183.357, subdivision 3. 3.30 Sec. 6. Minnesota Statutes 1994, section 16B.61, 3.31 subdivision 2, is amended to read: 3.32 Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the 3.33 direction and supervision of the commissioner, the provisions of 3.34 the code relating to electrical installations shall be enforced 3.35 by the state board of electricity, pursuant to the Minnesota 3.36 electrical act, the provisions relating to plumbing shall be 4.1 enforced by the commissioner of health, the provisions relating 4.2 to fire protectionthe Minnesota uniform fire code shall be 4.3 enforced by the state fire marshal, the provisions relating to 4.4 high pressure steam piping and appurtenances and elevatorsshall 4.5 be enforced by the department of labor and industry , and the4.6 code as applied to public school buildings shall be enforced by4.7 the state board of education. Fees for inspections conducted by 4.8 the state board of electricity shall be paid in accordance with 4.9 the rules of the state board of electricity. 4.10 Sec. 7. Minnesota Statutes 1994, section 16B.61, 4.11 subdivision 5, is amended to read: 4.12 Subd. 5. [ACCESSIBILITY.] (a) [PUBLIC BUILDINGS.] The 4.13 code must provide for making public buildings constructed or 4.14 remodeled after July 1, 1963, accessible to and usable by 4.15 physically handicapped persons, although this does not require 4.16 the remodeling of public buildings solely to provide 4.17 accessibility and usability to the physically handicapped when 4.18 remodeling would not otherwise be undertaken. 4.19 (b) [LEASED SPACE.] No agency of the state may lease space 4.20 for agency operations in a non-state-owned building unless the 4.21 building satisfies the requirements of the state building code 4.22 for accessibility by the physically handicapped, or is eligible 4.23 to display the state symbol of accessibility. This limitation 4.24 applies to leases of 30 days or more for space of at least 1,000 4.25 square feet. 4.26 (c) [MEETINGS OR CONFERENCES.] Meetings or conferences for 4.27 the public or for state employees which are sponsored in whole 4.28 or in part by a state agency must be held in buildings that meet 4.29 the state building code requirements relating to accessibility 4.30 for physically handicapped persons. This subdivision does not 4.31 apply to any classes, seminars, or training programs offered by 4.32 a state university, the University of Minnesota, or a state 4.33 community college. Meetings or conferences intended for 4.34 specific individuals none of whom need the accessibility 4.35 features for handicapped persons specified in the state building 4.36 code need not comply with this subdivision unless a handicapped 5.1 person gives reasonable advance notice of an intent to attend 5.2 the meeting or conference. When sign language interpreters will 5.3 be provided, meetings or conference sites must be chosen which 5.4 allow hearing impaired participants to see their signing clearly. 5.5 (d) [EXEMPTIONS.] The commissioner may grant an exemption 5.6 from the requirements of paragraphs (b) and (c) in advance if an 5.7 agency has demonstrated that reasonable efforts were made to 5.8 secure facilities which complied with those requirements and if 5.9 the selected facilities are the best available for access for 5.10 handicapped persons. Exemptions shall be granted using criteria 5.11 developed by the commissioner in consultation with the council 5.12 on disability. 5.13 (e) [SYMBOL INDICATING ACCESS.] The wheelchair symbol 5.14 adopted by Rehabilitation International's Eleventh World 5.15 Congress is the state symbol indicating buildings, facilities, 5.16 and grounds which are accessible to and usable by handicapped 5.17 persons. In the interests of uniformity, this symbol in its5.18 white on blue formatis the sole symbol for display in or on all 5.19 public or private buildings, facilities, and grounds which 5.20 qualify for its use. The secretary of state shall obtain the 5.21 symbol and keep it on file. No building, facility, or grounds 5.22 may display the symbol unless it is in compliance with the rules 5.23 adopted by the commissioner under subdivision 1. Before any 5.24 rules are proposed for adoption under this paragraph, the 5.25 commissioner shall consult with the council on disability. 5.26 Rules adopted under this paragraph must be enforced in the same 5.27 way as other accessibility rules of the state building code. 5.28 (f) [MUNICIPAL ENFORCEMENT.] Municipalities which have not 5.29 adopted the state building code may enforce the building code 5.30 requirements for handicapped persons by either entering into a 5.31 joint powers agreement for enforcement with another municipality 5.32 which has adopted the state building code; or contracting for 5.33 enforcement with an individual certified under section 16B.65, 5.34 subdivision 3, to enforce the state building code. 5.35 (g) [EQUIPMENT ALLOWED.] The code must allow the use of 5.36 vertical wheelchair lifts and inclined stairway wheelchair lifts 6.1 in public buildings. An inclined stairway wheelchair lift must 6.2 be equipped with light or sound signaling device for use during 6.3 operation of the lift. The stairway or ramp shall be marked in 6.4 a bright color that clearly indicates the outside edge of the 6.5 lift when in operation. The code shall not require a guardrail 6.6 between the lift and the stairway or ramp. Compliance with this 6.7 provision by itself does not mean other handicap accessibility 6.8 requirements have been met. 6.9 Sec. 8. Minnesota Statutes 1994, section 16B.63, 6.10 subdivision 3, is amended to read: 6.11 Subd. 3. [POWERS AND DUTIES.] The state building official 6.12 may, with the approval of the commissioner, employ personnel 6.13 necessary to carry out the inspector's function under sections 6.14 16B.59 to 16B.7316B.75. The state building official shall 6.15 distribute without charge one copy of the code to each 6.16 municipality within the state. Additional copies shall be made 6.17 available to municipalities and interested parties for a fee 6.18 prescribed by the commissioner. The state building official 6.19 shall perform other duties in administering the code assigned by 6.20 the commissioner. 6.21 Sec. 9. Minnesota Statutes 1994, section 16B.63, is 6.22 amended by adding a subdivision to read: 6.23 Subd. 5. [CODE INTERPRETATIONS.] The state building 6.24 official may issue interpretations of the state building code to 6.25 assist building officials, design professionals, and the 6.26 construction industry in application of the code. These 6.27 interpretations, if adopted under chapter 14, are binding on all 6.28 code officials and code enforcement jurisdictions. 6.29 Sec. 10. Minnesota Statutes 1994, section 16B.65, 6.30 subdivision 1, is amended to read: 6.31 Subdivision 1. [APPOINTMENTS.] The governing body of each 6.32 municipality shall, unless other means are already provided, 6.33 appoint a personbuilding official to administer the code who6.34 shall be known as a building official. Two or more 6.35 municipalities may combine in the appointment of a single 6.36 building official for the purpose of administering the 7.1 provisions of the code within their communities. In those 7.2 municipalities for which no building officials have been 7.3 appointed, the state building inspector, with the approval of 7.4 the commissioner, may appoint building officials to serve until 7.5 the municipalities have made an appointment. If unable to make 7.6 an appointment, the state building inspector may use whichever 7.7 state employees or state agencies are necessary to perform the 7.8 duties of the building official. All costs incurred by virtue 7.9 of an appointment by the state building inspector or services 7.10 rendered by state employees must be borne by the involved 7.11 municipality. Receipts arising from the appointment must be 7.12 paid into the state treasury and credited to the general fund. 7.13 Sec. 11. Minnesota Statutes 1994, section 16B.65, 7.14 subdivision 3, is amended to read: 7.15 Subd. 3. [CERTIFICATION.] The commissioner shall: 7.16 (1) prepare and conduct written and practical examinations 7.17 to determine if a person is qualified pursuant to subdivision 2 7.18 to be a building official; 7.19 (2) accept documentation of successful completion of 7.20 testing programs developed by nationally recognized testing 7.21 agencies, as proof of qualification pursuant to subdivision 2; 7.22 or 7.23 (3) determine qualifications by both clauses (1) and (2). 7.24 Upon a determination of qualification under clause (1), 7.25 (2), or both of them, the commissioner shall issue a certificate 7.26 to the building official stating that the official is 7.27 certified. Each person applying for examination and 7.28 certification pursuant to this section shall pay a nonrefundable 7.29 fee of $70. The commissioner or a designee may establish 7.30 classes of certification that will recognize the varying 7.31 complexities of code enforcement in the municipalities within 7.32 the state. Except as provided by subdivision 2, no person may 7.33 act as a building official for a municipality unless the 7.34 commissioner determines that the official is qualified. The 7.35 commissioner shall provide educational programs designed to 7.36 train and assist building officials in carrying out their 8.1 responsibilities. 8.2 The department of employee relations may, at the request of 8.3 the commissioner, provide statewide testing services. 8.4 Sec. 12. Minnesota Statutes 1994, section 16B.65, 8.5 subdivision 4, is amended to read: 8.6 Subd. 4. [DUTIES.] Building officials shall, in the 8.7 municipality for which they are appointed, attend to all aspects 8.8 of code administration for which they are certified, including 8.9 the issuance of all building permits and the inspection of all 8.10 manufactured home installations. The commissioner may direct a 8.11 municipality with a building official to perform services for 8.12 another municipality, and in that event the municipality being 8.13 served shall pay the municipality rendering the services the 8.14 reasonable costs of the services. The costs may be subject to 8.15 approval by the commissioner. 8.16 Sec. 13. Minnesota Statutes 1994, section 16B.65, 8.17 subdivision 7, is amended to read: 8.18 Subd. 7. [CONTINUING EDUCATION.] Subject to sections 8.19 16B.59 to 16B.7316B.75, the commissioner may by rule establish 8.20 or approve continuing education programs for municipal building 8.21 officials dealing with matters of building code administration, 8.22 inspection, and enforcement. 8.23 Effective January 1, 1985, each person certified as a 8.24 building official for the state must satisfactorily complete 8.25 applicable educational programs established or approved by the 8.26 commissioner every three calendar years to retain certification. 8.27 Each person certified as a statebuilding official must 8.28 submit in writing to the commissioner an application for renewal 8.29 of certification within 60 days of the last day of the third 8.30 calendar year following the last certificate issued. Each 8.31 application for renewal must be accompanied by proof of 8.32 satisfactory completion of minimum continuing education 8.33 requirements and the certification renewal fee established by 8.34 the commissioner. 8.35 For persons certified prior to January 1, 1985, the first 8.36 three-year period commences January 1, 1985. 9.1 Sec. 14. Minnesota Statutes 1994, section 16B.67, is 9.2 amended to read: 9.3 16B.67 [APPEALS.] 9.4 A person aggrieved by the final decision of any 9.5 municipality as to the application of the code, including any 9.6 rules adopted under sections 471.465 to 471.469, may, within 180 9.7 days of the decision, appeal to the commissioner. Appellant 9.8 shall submit a nonrefundable fee of $70, payable to the 9.9 commissioner, with the request for appeal. An appeal must be 9.10 heard as a contested case under chapter 14. The commissioner 9.11 shall submit written findings to the parties. The party not 9.12 prevailing shall pay the costs of the contested case hearing, 9.13 including fees charged by the office of administrative hearings 9.14 and the expense of transcript preparation. Costs under this 9.15 section do not include attorney fees. Any person aggrieved by a 9.16 ruling of the commissioner may appeal in accordance with chapter 9.17 14. For the purpose of this section "any person aggrieved" 9.18 includes the council on disability. No fee or costs shall be 9.19 required when the council on disability is the appellant. 9.20 Sec. 15. Minnesota Statutes 1994, section 16B.70, is 9.21 amended to read: 9.22 16B.70 [SURCHARGE.] 9.23 Subdivision 1. [COMPUTATION.] To defray the costs of 9.24 administering sections 16B.59 to 16B.7316B.75, a surcharge is 9.25 imposed on all permits issued by municipalities in connection 9.26 with the construction of or addition or alteration to buildings 9.27 and equipment or appurtenances after June 30, 1971, as follows: 9.28 If the fee for the permit issued is fixed in amount the 9.29 surcharge is equivalent to one-half mill (.0005) of the fee or 9.30 50 cents, whichever amount is greater. For all other permits, 9.31 the surcharge is as follows: 9.32 (1) if the valuation of the structure, addition, or 9.33 alteration is $1,000,000 or less, the surcharge is equivalent to 9.34 one-half mill (.0005) of the valuation of the structure, 9.35 addition, or alteration; 9.36 (2) if the valuation is greater than $1,000,000, the 10.1 surcharge is $500 plus two-fifths mill (.0004) of the value 10.2 between $1,000,000 and $2,000,000; 10.3 (3) if the valuation is greater than $2,000,000, the 10.4 surcharge is $900 plus three-tenths mill (.0003) of the value 10.5 between $2,000,000 and $3,000,000; 10.6 (4) if the valuation is greater than $3,000,000, the 10.7 surcharge is $1,200 plus one-fifth mill (.0002) of the value 10.8 between $3,000,000 and $4,000,000; 10.9 (5) if the valuation is greater than $4,000,000, the 10.10 surcharge is $1,400 plus one-tenth mill (.0001) of the value 10.11 between $4,000,000 and $5,000,000; and 10.12 (6) if the valuation exceeds $5,000,000, the surcharge is 10.13 $1,500 plus one-twentieth mill (.00005) of the value that 10.14 exceeds $5,000,000. 10.15 Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges 10.16 must be collected by each municipality and a portion of them 10.17 remitted to the state. Each municipality having a population 10.18 greater than 20,000 people shall prepare and submit to the 10.19 commissioner once a month a report of fees and surcharges on 10.20 fees collected during the previous month but shall retain the 10.21 greater of two percent or that amount collected up to $25 to 10.22 apply against the administrative expenses the municipality 10.23 incurs in collecting the surcharges. All other municipalities 10.24 shall submit the report and surcharges on fees once a quarter 10.25 but shall retain the greater of four percent or that amount 10.26 collected up to $25 to apply against the administrative expenses 10.27 the municipalities incur in collecting the surcharges. The 10.28 report, which must be in a form prescribed by the commissioner, 10.29 must be submitted together with a remittance covering the 10.30 surcharges collected by the 15th day following the month or 10.31 quarter in which the surcharges are collected. All surcharges 10.32 and other fees prescribed by sections 16B.59 to 16B.7316B.75, 10.33 which are payable to the state, must be paid to the commissioner 10.34 who shall deposit them in the state treasury for credit to the10.35 generala special revenue fund. 10.36 ARTICLE 2 11.1 ZONING 11.2 Section 1. Minnesota Statutes 1994, section 366.10, is 11.3 amended to read: 11.4 366.10 [ZONING REGULATIONS.] 11.5 The board of supervisors may submit to the legal voters of 11.6 the town at an annual or special town meeting, the question 11.7 whether the board shall adopt buildingland use and zoning 11.8 regulations and restrictions in the town. The board in a town 11.9 which has within its borders a hospital established in 11.10 accordance with Laws 1955, chapter 227, may submit to the voters 11.11 at an annual or special town meeting, the question whether the 11.12 board shall adopt buildingland use and zoning regulations and 11.13 restrictions in the town regulating the type of buildings that 11.14 may be built or occupations carried on within a radius of 11.15 one-half mile of the hospital. 11.16 Sec. 2. Minnesota Statutes 1994, section 366.12, is 11.17 amended to read: 11.18 366.12 [REGULATIONS.] 11.19 If a majority of the voters voting on the question vote 11.20 "Yes," the town board may regulate: 11.21 (1) the location, height, bulk, number of stories, size of 11.22 buildings and other structures, 11.23 (2) the location of roads and schools, 11.24 (3) the percentage of lot which may be occupied, 11.25 (4) the sizes of yards and other open spaces, 11.26 (5) the density and distribution of population, 11.27 (6) the uses of buildings and structures for trade, 11.28 industry, residence, recreation, public activities, or other 11.29 purposes, and 11.30 (7) the uses of lands for trade, industry, residence, 11.31 recreation, agriculture, forestry, soil conservation, water 11.32 supply conservation, or other purposes. 11.33 To carry out this section it shall issue buildingland use or 11.34 zoning permits or approvals. It shall be unlawful to erect, 11.35 establish, alter, enlarge, use, occupy, or maintain a building, 11.36 structure, improvement, or premises without having a building12.1 land use or zoning permit or approval. 12.2 Before adopting a regulation under this section the board 12.3 shall hold a public hearing on the matter with notice as 12.4 provided in section 366.15. 12.5 This section is subject to section 366.13. 12.6 Sec. 3. Minnesota Statutes 1994, section 366.16, is 12.7 amended to read: 12.8 366.16 [TOWN BUILDINGZONING COMMISSIONER.] 12.9 The town board may enforce the regulations by withholding 12.10 buildingland use or zoning permits or approvals, building 12.11 permits issued under sections 16B.59 to 16B.75, or other permits 12.12 or approvals. For the purposes of sections 366.10 to 366.18, it 12.13 may establish the position of town buildingzoning commissioner 12.14 and fix its compensation. If a building or structure is or is 12.15 proposed to be erected, constructed, reconstructed, altered, or 12.16 used or any land is or is proposed to be used in violation of 12.17 sections 366.10 to 366.18 or a regulation or provision enacted 12.18 or adopted by the board under sections 366.10 to 366.18, the 12.19 board, the attorney of the county where the town is situated, 12.20 the town attorney, the town buildingzoning commissioner, or any 12.21 adjacent or neighboring property owner may institute any 12.22 appropriate action to prevent, enjoin, abate, or remove the 12.23 unlawful erection, construction, reconstruction, alteration, 12.24 maintenance, or use. 12.25 Sec. 4. Minnesota Statutes 1994, section 394.33, 12.26 subdivision 2, is amended to read: 12.27 Subd. 2. The board of supervisors of any town which has 12.28 adopted or desires to adopt building andzoning regulations and 12.29 restrictions pursuant to law shall have the authority granted 12.30 the governing body of any municipality as provided in section 12.31 394.32. 12.32 Sec. 5. Minnesota Statutes 1994, section 394.361, 12.33 subdivision 3, is amended to read: 12.34 Subd. 3. After an official map has been adopted and filed, 12.35 the issuance of buildingland use or zoning permits or approvals 12.36 by the county shall be subject to the provisions of this section. 13.1 Whenever any street or highway is widened or improved or any new 13.2 street is opened, or interests in lands for other public 13.3 purposes are acquired by the county, it is not required in such 13.4 proceedings to pay for any building or structure placed without 13.5 a permit or approval or in violation of conditions of a 13.6 permit or approval within the limits of the mapped street or 13.7 highway or outside of any building line that may have been 13.8 established upon the existing street or within any area thus 13.9 identified for public purposes. The adoption of official maps 13.10 does not give the county any right, title or interest in areas 13.11 identified for public purposes thereon, but the adoption of a 13.12 map does authorize the county to acquire such interests without 13.13 paying compensation for buildings or structures erected in such 13.14 areas without a permit or approval or in violation of the 13.15 conditions of a permit or approval. The provisions of this 13.16 subdivision shall not apply to buildings or structures in 13.17 existence prior to the filing of the official map. 13.18 Sec. 6. Minnesota Statutes 1994, section 462.358, 13.19 subdivision 2a, is amended to read: 13.20 Subd. 2a. [TERMS OF REGULATIONS.] The standards and 13.21 requirements in the regulations may address without limitation: 13.22 the size, location, grading, and improvement of lots, 13.23 structures, public areas, streets, roads, trails, walkways, 13.24 curbs and gutters, water supply, storm drainage, lighting, 13.25 sewers, electricity, gas, and other utilities; the planning and 13.26 design of sites; access to solar energy; and the protection and 13.27 conservation of flood plains, shore lands, soils, water, 13.28 vegetation, energy, air quality, and geologic and ecologic 13.29 features. The regulations shall require that subdivisions be 13.30 consistent with the municipality's official map if one exists 13.31 and its zoning ordinance, and may require consistency with other 13.32 official controls and the comprehensive plan. The regulations 13.33 may prohibit certain classes or kinds of subdivisions in areas 13.34 where prohibition is consistent with the comprehensive plan and 13.35 the purposes of this section, particularly the preservation of 13.36 agricultural lands. The regulations may prohibit, restrict or 14.1 control development for the purpose of protecting and assuring 14.2 access to direct sunlight for solar energy systems. The 14.3 regulations may prohibit, restrict, or control surface, above 14.4 surface, or subsurface development for the purpose of protecting 14.5 subsurface areas for existing or potential mined underground 14.6 space development pursuant to sections 469.135 to 469.141, and 14.7 access thereto. The regulations may prohibit the issuance of 14.8 buildingpermits or approvals for any tracts, lots, or parcels 14.9 for which required subdivision approval has not been obtained. 14.10 The regulations may permit the municipality to condition 14.11 its approval on the construction and installation of sewers, 14.12 streets, electric, gas, drainage, and water facilities, and 14.13 similar utilities and improvements or, in lieu thereof, on the 14.14 receipt by the municipality of a cash deposit, certified check, 14.15 irrevocable letter of credit, or bond in an amount and with 14.16 surety and conditions sufficient to assure the municipality that 14.17 the utilities and improvements will be constructed or installed 14.18 according to the specifications of the municipality. Sections 14.19 471.345 and 574.26 do not apply to improvements made by a 14.20 subdivider or a subdivider's contractor. 14.21 The regulations may permit the municipality to condition 14.22 its approval on compliance with other requirements reasonably 14.23 related to the provisions of the regulations and to execute 14.24 development contracts embodying the terms and conditions of 14.25 approval. The municipality may enforce such agreements and 14.26 conditions by appropriate legal and equitable remedies. 14.27 Sec. 7. Minnesota Statutes 1994, section 462.358, 14.28 subdivision 9, is amended to read: 14.29 Subd. 9. [UNPLATTED PARCELS.] Subdivision regulations 14.30 adopted by municipalities may apply to parcels which are taken 14.31 from existing parcels of record by metes and bounds 14.32 descriptions, and the governing body or building authority may 14.33 deny the issuance of buildingpermits or approvals, building 14.34 permits issued under sections 16B.59 to 16B.75, or other permits 14.35 or approvals to any parcels so divided, pending compliance with 14.36 subdivision regulations. 15.1 Sec. 8. Minnesota Statutes 1994, section 462.359, 15.2 subdivision 4, is amended to read: 15.3 Subd. 4. [APPEALS.] If a land use or zoning permit or 15.4 approval for a building in such location is denied, the board of 15.5 appeals and adjustments shall have the power, upon appeal filed 15.6 with it by the owner of the land, to grant a permit or approval 15.7 for building in such location in any case in which the board 15.8 finds, upon the evidence and the arguments presented to it, (a) 15.9 that the entire property of the appellant of which such area 15.10 identified for public purposes forms a part cannot yield a 15.11 reasonable return to the owner unless such a permit or approval 15.12 is granted, and (b) that balancing the interest of the 15.13 municipality in preserving the integrity of the official map and 15.14 of the comprehensive municipal plan and the interest of the 15.15 owner of the property in the use of the property and in the 15.16 benefits of ownership, the grant of such permit or approval is 15.17 required by considerations of justice and equity. In addition 15.18 to the notice of hearing required by section 462.354, 15.19 subdivision 2, a notice shall be published in the official 15.20 newspaper once at least ten days before the day of the hearing. 15.21 If the board of appeals and adjustments authorizes the issuance 15.22 of a permit or approval the governing body or other board or 15.23 commission having jurisdiction shall have six months from the 15.24 date of the decision of the board to institute proceedings to 15.25 acquire such land or interest therein, and if no such 15.26 proceedings are started within that time, the officer 15.27 responsible for issuing buildingpermits or approvals shall 15.28 issue the permit or approval if the application otherwise 15.29 conforms to local ordinances. The board shall specify the exact 15.30 location, ground area, height and other details as to the extent 15.31 and character of the building for which the permit or approval 15.32 is granted. 15.33 ARTICLE 3 15.34 INTERSTATE COMPACT 15.35 Section 1. Minnesota Statutes 1994, section 16B.75, is 15.36 amended to read: 16.1 16B.75 [INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR 16.2 BUILDINGS.] 16.3 The state of Minnesota ratifies and approves the following 16.4 compact: 16.5 INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS 16.6 ARTICLE I 16.7 FINDINGS AND DECLARATIONS OF POLICY 16.8 (1) The compacting states find that: 16.9 (a) Industrialized/modular buildings are constructed in 16.10 factories in the various states and are a growing segment of the 16.11 nation's affordable housing and commercial building stock. 16.12 (b) The regulation of industrialized/modular buildings 16.13 varies from state to state and locality to locality, which 16.14 creates confusion and burdens state and local building officials 16.15 and the industrialized/modular building industry. 16.16 (c) Regulation by multiple jurisdictions imposes additional 16.17 costs, which are ultimately borne by the owners and users of 16.18 industrialized/modular buildings, restricts market access and 16.19 discourages the development and incorporation of new 16.20 technologies. 16.21 (2) It is the policy of each of the compacting states to: 16.22 (a) Provide the states which regulate the design and 16.23 construction of industrialized/modular buildings with a program 16.24 to coordinate and uniformly adopt and administer the states' 16.25 rules and regulations for such buildings, all in a manner to 16.26 assure interstate reciprocity. 16.27 (b) Provide to the United States Congress assurances that 16.28 would preclude the need for a voluntary preemptive federal 16.29 regulatory system for modular housing, as outlined in Section 16.30 572 of the Housing and Community Development Act of 1987, 16.31 including development of model standards for modular housing 16.32 construction, such that design and performance will insure 16.33 quality, durability and safety; will be in accordance with 16.34 life-cycle cost-effective energy conservation standards; all to 16.35 promote the lowest total construction and operating costs over 16.36 the life of such housing. 17.1 ARTICLE II 17.2 DEFINITIONS 17.3 As used in this compact, unless the context clearly 17.4 requires otherwise: 17.5 (1) "Commission" means the interstate 17.6 industrialized/modular buildings commission. 17.7 (2) "Industrialized/modular building" means any building 17.8 which is of closed construction, i.e. constructed in such a 17.9 manner that concealed parts or processes of manufacture cannot 17.10 be inspected at the site, without disassembly, damage or 17.11 destruction, and which is made or assembled in manufacturing 17.12 facilities, off the building site, for installation, or assembly 17.13 and installation, on the building site. "Industrialized/modular 17.14 building" includes, but is not limited to, modular housing which 17.15 is factory-built single-family and multifamily housing 17.16 (including closed wall panelized housing) and other modular, 17.17 nonresidential buildings. "Industrialized/modular building" 17.18 does not include any structure subject to the requirements of 17.19 the National Manufactured Home Construction and Safety Standards 17.20 Act of 1974. 17.21 (3) "Interim reciprocal agreement" means a formal 17.22 reciprocity agreement between a noncompacting state wherein the 17.23 noncompacting state agrees that labels evidencing compliance 17.24 with the model rules and regulations for industrialized/modular 17.25 buildings, as authorized in Article VIII, section (9), shall be 17.26 accepted by the state and its subdivisions to permit 17.27 installation and use of industrialized/modular buildings. 17.28 Further, the noncompacting state agrees that by legislation or 17.29 regulation, and appropriate enforcement by uniform 17.30 administrative procedures, the noncompacting state requires all 17.31 industrialized/modular building manufacturers within that state 17.32 to comply with the model rules and regulations for 17.33 industrialized/modular buildings. 17.34 (4) "State" means a state of the United States, territory 17.35 or possession of the United States, the District of Columbia, or 17.36 the Commonwealth of Puerto Rico. 18.1 (5) "Uniform administrative procedures" means the 18.2 procedures adopted by the commission (after consideration of any 18.3 recommendations from the rules development committee) which 18.4 state and local officials, and other parties, in one state, will 18.5 utilize to assure state and local officials, and other parties, 18.6 in other states, of the substantial compliance of 18.7 industrialized/modular building construction with the 18.8 construction standard of requirements of such other states; to 18.9 assess the adequacy of building systems; and to verify and 18.10 assure the competency and performance of evaluation and 18.11 inspection agencies. 18.12 (6) "Model rules and regulations for industrialized/modular 18.13 buildings" means the construction standards adopted by the 18.14 commission (after consideration of any recommendations from the 18.15 rules development committee) which govern the design, 18.16 manufacture, handling, storage, delivery and installation of 18.17 industrialized/modular buildings and building components. The 18.18 construction standards and any amendments thereof shall conform 18.19 insofar as practicable to model building codes and referenced 18.20 standards generally accepted and in use throughout the United 18.21 States. 18.22 ARTICLE III 18.23 CREATION OF COMMISSION 18.24 The compacting states hereby create the Interstate 18.25 Industrialized/Modular Buildings Commission, hereinafter called 18.26 commission. Said commission shall be a body corporate of each 18.27 compacting state and an agency thereof. The commission shall 18.28 have all the powers and duties set forth herein and such 18.29 additional powers as may be conferred upon it by subsequent 18.30 action of the respective legislatures of the compacting states. 18.31 ARTICLE IV 18.32 SELECTION OF COMMISSIONERS 18.33 The commission shall be selected as follows. As each state 18.34 becomes a compacting state, one resident shall be appointed as 18.35 commissioner. The commissioner shall be selected by the 18.36 governor of the compacting state, being designated from the 19.1 state agency charged with regulating industrialized/modular 19.2 buildings or, if such state agency does not exist, being 19.3 designated from among those building officials with the most 19.4 appropriate responsibilities in the state. The commissioner may 19.5 designate another official as an alternate to act on behalf of 19.6 the commissioner at commission meetings which the commissioner 19.7 is unable to attend. 19.8 Each state commissioner shall be appointed, suspended, or 19.9 removed and shall serve subject to and in accordance with the 19.10 laws of the state which said commissioner represents; and each 19.11 vacancy occurring shall be filled in accordance with the laws of 19.12 the state wherein the vacancy exists. 19.13 WhenFor every three state commissioners that have been 19.14 appointed in the manner described, those state commissioners 19.15 shall select one additional commissioner who shall be a 19.16 representative of manufacturers of industrial-residential- or 19.17 commercial-use industrialized/modular buildings. WhenFor every 19.18 six state commissioners that have been appointed in the manner 19.19 described, the state commissioners shall select a secondone 19.20 additional commissioner who shall be a representative of 19.21 consumers of industrialized/modular buildings. With each19.22 addition of three state commissioners, the state commissioners19.23 shall appoint one additional representative commissioner,19.24 alternating between a representative of manufacturers of19.25 industrialized/modular buildings and consumers of19.26 industrialized/modular buildings. The ratio between state19.27 commissioners and representative commissioners shall be three to19.28 one.In the event states withdraw from the compact or, for any 19.29 other reason, the number of state commissioners is reduced, the 19.30 state commissioners shall remove the last added representative 19.31 commissioner as necessary to maintain athe ratio of state 19.32 commissioners to representative commissioners of three to19.33 onedescribed herein. 19.34 Upon a majority vote of the state commissioners, the state 19.35 commissioners may remove, fill a vacancy created by, or replace 19.36 any representative commissioner, provided that any replacement 20.1 is made from the same representative group and a three to one20.2 ratiothe ratio described herein is maintained. Unless provided 20.3 otherwise, the representative commissioners have the same 20.4 authority and responsibility as the state commissioners. 20.5 In addition, the commission may have as a member one 20.6 commissioner representing the United States government if 20.7 federal law authorizes such representation. Such commissioner 20.8 shall not vote on matters before the commission. Such 20.9 commissioncommissioner shall be appointed by the President of 20.10 the United States, or in such other manner as may be provided by 20.11 Congress. 20.12 ARTICLE V 20.13 VOTING 20.14 Each commissioner (except the commissioner representing the 20.15 United States government) shall be entitled to one vote on the 20.16 commission. A majority of the commissioners shall constitute a 20.17 quorum for the transaction of business. Any business transacted 20.18 at any meeting of the commission must be by affirmative vote of 20.19 a majority of the quorum present and voting. 20.20 ARTICLE VI 20.21 ORGANIZATION AND MANAGEMENT 20.22 The commission shall elect annually, from among its 20.23 members, a chairman, a vice chairman and a treasurer. The 20.24 commission shall also select a secretariat, which shall provide 20.25 an individual who shall serve as secretary of the commission. 20.26 The commission shall fix and determine the duties and 20.27 compensation of the secretariat. The commissioners shall serve 20.28 without compensation, but shall be reimbursed for their actual 20.29 and necessary expenses from the funds of the commission. 20.30 The commission shall adopt a seal. 20.31 The commission shall adopt bylaws, rules, and regulations 20.32 for the conduct of its business, and shall have the power to 20.33 amend and rescind these bylaws, rules, and regulations. 20.34 The commission shall establish and maintain an office at 20.35 the same location as the office maintained by the secretariat 20.36 for the transaction of its business and may meet at any time, 21.1 but in any event must meet at least once a year. The chairman 21.2 may call additional meetings and upon the request of a majority 21.3 of the commissioners of three or more of the compacting states 21.4 shall call an additional meeting. 21.5 The commission annually shall make the governor and 21.6 legislature of each compacting state a report covering its 21.7 activities for the preceding year. Any donation or grant 21.8 accepted by the commission or services borrowed shall be 21.9 reported in the annual report of the commission and shall 21.10 include the nature, amount and conditions, if any, of the 21.11 donation, gift, grant or services borrowed and the identity of 21.12 the donor or lender. The commission may make additional reports 21.13 as it may deem desirable. 21.14 ARTICLE VII 21.15 COMMITTEES 21.16 The commission will establish such committees as it deems 21.17 necessary, including, but not limited to, the following: 21.18 (1) An executive committee which functions when the full 21.19 commission is not meeting, as provided in the bylaws of the 21.20 commission. The executive committee will ensure that proper 21.21 procedures are followed in implementing the commission's 21.22 programs and in carrying out the activities of the compact. The 21.23 executive committee shall be elected by vote of the commission. 21.24 It shall be comprised of at least three and no more than nine 21.25 commissioners, selected from those commissioners who are21.26 representatives of the governor of their respective statethe 21.27 state commissioners and one member of the industry commissioners 21.28 and one member of the consumer commissioners. 21.29 (2) A rules development committee appointed by the 21.30 commission. The committee shall be consensus-based and consist 21.31 of not less than seven nor more than 21 members. Committee 21.32 members will include state building regulatory officials; 21.33 manufacturers of industrialized/modular buildings; private, 21.34 third-party inspection agencies; and consumers. This committee 21.35 may recommend procedures which state and local officials, and 21.36 other parties, in one state, may utilize to assure state and 22.1 local officials, and other parties, in other states, of the 22.2 substantial compliance of industrialized/modular building 22.3 construction with the construction standard requirements of such 22.4 other states; to assess the adequacy of building systems; and to 22.5 verify and assure the competency and performance of evaluation 22.6 and inspection agencies. This committee may also recommend 22.7 construction standards for the design, manufacture, handling, 22.8 storage, delivery and installation of industrialized/modular 22.9 buildings and building components. The committee will submit 22.10 its recommendations to the commission, for the commission's 22.11 consideration in adopting and amending the uniform 22.12 administrative procedures and the model rules and regulations 22.13 for industrialized/modular buildings. The committee may also 22.14 review the regulatory programs of the compacting states to 22.15 determine whether those programs are consistent with the uniform 22.16 administrative procedures or the model rules and regulations for 22.17 industrialized/modular buildings and may make recommendations 22.18 concerning the states' programs to the commission. In carrying 22.19 out its functions, the rules committee may conduct public 22.20 hearings and otherwise solicit public input and comment. 22.21 (3) Any other advisory, coordinating or technical 22.22 committees, membership on which may include private persons, 22.23 public officials, associations or organizations. Such 22.24 committees may consider any matter of concern to the commission. 22.25 (4) Such additional committees as the commission's bylaws 22.26 may provide. 22.27 ARTICLE VIII 22.28 POWER AND AUTHORITY 22.29 In addition to the powers conferred elsewhere in this 22.30 compact, the commission shall have power to: 22.31 (1) Collect, analyze and disseminate information relating 22.32 to industrialized/modular buildings. 22.33 (2) Undertake studies of existing laws, codes, rules and 22.34 regulations, and administrative practices of the states relating 22.35 to industrialized/modular buildings. 22.36 (3) Assist and support committees and organizations which 23.1 promulgate, maintain and update model codes or recommendations 23.2 for uniform administrative procedures or model rules and 23.3 regulations for industrialized/modular buildings. 23.4 (4) Adopt and amend uniform administrative procedures and 23.5 model rules and regulations for industrialized/modular buildings. 23.6 (5) Make recommendations to compacting states for the 23.7 purpose of bringing such states' laws, codes, rules and 23.8 regulations and administrative practices into conformance with 23.9 the uniform administrative procedures or the model rules and 23.10 regulations for industrialized/modular buildings, provided that 23.11 such recommendations shall be made to the appropriate state 23.12 agency with due consideration for the desirability of uniformity 23.13 while also giving appropriate consideration to special 23.14 circumstances which may justify variations necessary to meet 23.15 unique local conditions. 23.16 (6) Assist and support the compacting states with 23.17 monitoring of plan review programs and inspection programs, 23.18 which will assure that the compacting states have the benefit of 23.19 uniform industrialized/modular building plan review and 23.20 inspection programs. 23.21 (7) Assist and support organizations which train state and 23.22 local government and other program personnel in the use of 23.23 uniform industrialized/modular building plan review and 23.24 inspection programs. 23.25 (8) Encourage and promote coordination of state regulatory 23.26 action relating to manufacturers, public or private inspection 23.27 programs. 23.28 (9) Create and sell labels to be affixed to 23.29 industrialized/modular building units, constructed in or 23.30 regulated by compacting states, where such labels will evidence 23.31 compliance with the model rules and regulations for 23.32 industrialized/modular buildings, enforced in accordance with 23.33 the uniform administrative procedures. The commission may use 23.34 receipts from the sale of labels to help defray the operating 23.35 expenses of the commission. 23.36 (10) Assist and support compacting states' investigations 24.1 into and resolutions of consumer complaints which relate to 24.2 industrialized/modular buildings constructed in one compacting 24.3 state and sited in another compacting state. 24.4 (11) Borrow, accept or contract for the services of 24.5 personnel from any state or the United States or any subdivision 24.6 or agency thereof, from any interstate agency, or from any 24.7 institution, association, person, firm or corporation. 24.8 (12) Accept for any of its purposes and functions under 24.9 this compact any and all donations, and grants of money, 24.10 equipment, supplies, materials and services (conditional or 24.11 otherwise) from any state or the United States or any 24.12 subdivision or agency thereof, from any interstate agency, or 24.13 from any institution, person, firm or corporation, and may 24.14 receive, utilize and dispose of the same. 24.15 (13) Establish and maintain such facilities as may be 24.16 necessary for the transacting of its business. The commission 24.17 may acquire, hold, and convey real and personal property and any 24.18 interest therein. 24.19 (14) Enter into contracts and agreements, including but not 24.20 limited to, interim reciprocal agreements with noncompacting 24.21 states. 24.22 ARTICLE IX 24.23 FINANCE 24.24 The commission shall submit to the governor or designated 24.25 officer or officers of each compacting state a budget of its 24.26 estimated expenditures for such period as may be required by the 24.27 laws of that state for presentation to the legislature thereof. 24.28 Each of the commission's budgets of estimated expenditures 24.29 shall contain specific recommendations of the amounts to be 24.30 appropriated by each of the compacting states. The total amount 24.31 of appropriations requested under any such budget shall be 24.32 apportioned among the compacting states as follows: one-half in 24.33 equal shares; one-fourth among the compacting states in 24.34 accordance with the ratio of their populations to the total 24.35 population of the compacting states, based on the last decimal 24.36 federal census; and one-fourth among the compacting states in 25.1 accordance with the ratio of industrialized/modular building 25.2 units manufactured in each state to the total of all units 25.3 manufactured in all of the compacting states. 25.4 The commission shall not pledge the credit of any 25.5 compacting state. The commission may meet any of its 25.6 obligations in whole or in part with funds available to it by 25.7 donations, grants, or sale of labels: provided that the 25.8 commission takes specific action setting aside such funds prior 25.9 to incurring any obligation to be met in whole or in part in 25.10 such manner. Except where the commission makes use of funds 25.11 available to it by donations, grants or sale of labels, the 25.12 commission shall not incur any obligation prior to the allotment 25.13 of funds by the compacting states adequate to meet the same. 25.14 The commission shall keep accurate accounts of all receipts 25.15 and disbursements. The receipts and disbursements of the 25.16 commission shall be subject to the audit and accounting 25.17 procedures established under its bylaws. All receipts and 25.18 disbursements of funds handled by the commission shall be 25.19 audited yearly by a certified or licensed public accountant and 25.20 the report of the audit shall be included in and become part of 25.21 the annual report of the commission. 25.22 The accounts of the commission shall be open at any 25.23 reasonable time for inspection by duly constituted officers of 25.24 the compacting states and any person authorized by the 25.25 commission. 25.26 Nothing contained in this article shall be construed to 25.27 prevent commission compliance relating to audit or inspection of 25.28 accounts by or on behalf of any government contributing to the 25.29 support of the commission. 25.30 ARTICLE X 25.31 ENTRY INTO FORCE AND WITHDRAWAL 25.32 This compact shall enter into force when enacted into law 25.33 by any three states. Thereafter, this compact shall become 25.34 effective as to any other state upon its enactment thereof. The 25.35 commission shall arrange for notification of all compacting 25.36 states whenever there is a new enactment of the compact. 26.1 Any compacting state may withdraw from this compact by 26.2 enacting a statute repealing the same. No withdrawal shall 26.3 affect any liability already incurred by or chargeable to a 26.4 compacting state prior to the time of such withdrawal. 26.5 ARTICLE XI 26.6 RECIPROCITY 26.7 If the commission determines that the standards for 26.8 industrialized/modular buildings prescribed by statute, rule or 26.9 regulation of compacting state are at least equal to the 26.10 commission's model rules and regulations for 26.11 industrialized/modular buildings, and that such state standards 26.12 are enforced by the compacting state in accordance with the 26.13 uniform administrative procedures, industrialized/modular 26.14 buildings approved by such a compacting state shall be deemed to 26.15 have been approved by all the compacting states for placement in 26.16 those states in accordance with procedures prescribed by the 26.17 commission. 26.18 ARTICLE XII 26.19 EFFECT ON OTHER LAWS AND JURISDICTION 26.20 Nothing in this compact shall be construed to: 26.21 (1) Withdraw or limit the jurisdiction of any state or 26.22 local court or administrative officer or body with respect to 26.23 any person, corporation or other entity or subject matter, 26.24 except to the extent that such jurisdiction pursuant to this 26.25 compact, is expressly conferred upon another agency or body. 26.26 (2) Supersede or limit the jurisdiction of any court of the 26.27 United States. 26.28 ARTICLE XIII 26.29 CONSTRUCTION AND SEVERABILITY 26.30 This compact shall be liberally construed so as to 26.31 effectuate the purposes thereof. The provisions of this compact 26.32 shall be severable and if any phrase, clause, sentence or 26.33 provision of this compact is declared to be contrary to the 26.34 constitution of any state or of the United States or the 26.35 applicability thereof to any government, agency, person or 26.36 circumstances is held invalid, the validity of the remainder of 27.1 this compact and the applicability thereof to any government, 27.2 agency, person or circumstance shall not be affected thereby. 27.3 If this compact shall be held contrary to the constitution of 27.4 any state participating therein, the compact shall remain in 27.5 full force and effect as to the remaining party states and in 27.6 full force and effect as to the state affected as to all 27.7 severable matters.