HF 3518

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the building code; providing the method 
  1.3             for inspection of certain residential buildings; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 16B. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [16B.651] [INSPECTION OF RESIDENTIAL 
  1.8   BUILDINGS.] 
  1.9      Subdivision 1.  [APPLICATION; OWNER RESPONSIBILITY.] This 
  1.10  section applies to inspection of residential buildings intended 
  1.11  for dwelling by four or fewer families.  Notwithstanding any 
  1.12  other law to the contrary, inspection of residential buildings 
  1.13  covered by this section must be performed by an inspector 
  1.14  selected and paid for by the building owner.  This section does 
  1.15  not apply to fire or other life safety inspections.  
  1.16     Subd. 2.  [CERTIFICATION; OWNER CHOICE.] The commissioner 
  1.17  may certify inspectors who are qualified to perform inspections 
  1.18  under this section, and a municipality may require owners to 
  1.19  select only certified inspectors.  The commissioner may require 
  1.20  a certified inspector to post a bond in an amount determined by 
  1.21  the commissioner.  A municipality may not restrict an owner's 
  1.22  ability to choose among certified inspectors, provided that an 
  1.23  inspector may not inspect a property if the inspector or an 
  1.24  affiliate of the inspector was involved in design or 
  1.25  construction work involving the property.  For purposes of this 
  2.1   section, an "affiliate" is a person directly or indirectly 
  2.2   controlling, controlled by, or under common control with another 
  2.3   person. 
  2.4      Subd. 3.  [RECORD FILED WITH MUNICIPALITY.] A municipality 
  2.5   may require the owner or the inspector to file a record of the 
  2.6   inspection with the municipality.  Fees charged by a 
  2.7   municipality in connection with an inspection under this section 
  2.8   may not exceed the cost to the municipality of processing 
  2.9   inspection records sent to the municipality by owners and 
  2.10  inspectors.