HF 4241

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:20pm

A bill for an act
relating to building codes; removing certain exceptions for municipalities from
the State Building Code; amending Minnesota Statutes 2022, section 326B.121,
subdivision 2.

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

Section 1.

Minnesota Statutes 2022, 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. 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) deleted text begin If deleted text end new text begin No later than January 1, 2030, new text end a municipality new text begin that new text end is not required by paragraph (a)
to administer and enforce the State Building Code deleted text begin , the municipality may choose to administer
and enforce the State Building Code within its jurisdiction by adopting deleted text end new text begin must adopt new text end the code
by ordinance new text begin and must administer and enforce the State Building Code within its jurisdiction new text end .

new text begin (c) Except in a municipality which has by ordinance adopted the State Building Code
or in a municipality with a population less than 2,500, every new residential construction
requiring a permit pursuant to Minnesota Rules, part 1300.0120, must be inspected by the
commissioner for compliance with the State Building Code.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end 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.

deleted text begin (f) deleted text end new text begin (g) new text end 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.

deleted text begin (g) deleted text end new text begin (h) new text end 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.