SF 1926

as introduced - 88th Legislature (2013 - 2014) Posted on 03/26/2014 08:25am

A bill for an act
relating to building codes; regulating inspection authority of local units of
government; amending Minnesota Statutes 2012, sections 326B.103, subdivision
13; 326B.106, subdivision 2; Minnesota Statutes 2013 Supplement, section
326B.103, subdivision 11.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 326B.103, subdivision 11,
is amended to read:

Subd. 11.

Public building.

"Public building" means a building and its grounds the
cost of which is paid for by the state or a state agency regardless of its cost, and a school
district building project or charter school building project the cost of which is deleted text begin $100,000
deleted text end new text begin $500,000 new text end or more.

Sec. 2.

Minnesota Statutes 2012, section 326B.103, subdivision 13, is amended to read:

Subd. 13.

State licensed facility.

"State licensed facility" means new text begin a project with a
cost of $500,000 or more for new text end a building and its grounds that are licensed by the state as a
hospital, nursing home, supervised living facility, free-standing outpatient surgical center,
correctional facility, boarding care home, or residential hospice.

Sec. 3.

Minnesota Statutes 2012, section 326B.106, subdivision 2, is amended to read:

Subd. 2.

Administration by commissioner.

new text begin (a) new text end The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall establish appropriate permit,
plan review, inspection fees, and surcharges for public buildings and state licensed facilities.

new text begin (b) new text end Municipalities other than the state having an agreement with the commissioner
for code administration and enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including surcharge, to be paid directly to
the jurisdiction by the applicant seeking authorization to construct a public building or
a state licensed facility. The commissioner shall sign an agreement with a municipality
other than the state for plan review, code administration, and code enforcement service for
public buildings and state licensed facilities in the jurisdiction if the building officials of
the municipality meet the requirements of section 326B.133 and wish to provide those
services and if the commissioner determines that the municipality has enough adequately
trained and qualified building inspectors to provide those services for the construction
project. new text begin In determining whether a building inspector is adequately trained and qualified,
the commissioner must not impose additional requirements beyond those required by
section 326B.133, subdivision 3, for designation as a certified building inspector. In
determining whether a municipality has enough adequately trained and qualified building
inspectors to provide the service, the commissioner must include all building inspectors
who are employed by the municipality, are under contract with the municipality to provide
building inspection services, or are obligated to provide building inspection services to the
municipality under any other lawful agreement.
new text end

new text begin (c) The commissioner must respond within 30 days to a request from a municipality
for an agreement under this subdivision. If the commissioner declines to enter into
an agreement within 30 days, the commissioner must provide written reasons for the
refusal and inform the municipality of the action the municipality must take for the
commissioner to enter into an agreement. A municipality aggrieved by a final decision of
the commissioner not to enter an agreement under this subdivision may obtain judicial
review of the decision pursuant to sections 14.63 to 14.69.
new text end

new text begin (d) new text end The commissioner may direct the state building official to assist a community
that has been affected by a natural disaster with building evaluation and other activities
related to building codes.

new text begin (e) new text end Administration and enforcement in a municipality under this section must apply
any optional provisions of the State Building Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state building official
within 30 days of its adoption.

new text begin (f) new text end The commissioner shall administer and enforce the provisions of the code relating
to elevators statewide, except as provided for under section 326B.184, subdivision 4.