SF 1926

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/24/2014 12:15pm

A bill for an act
relating to building codes; regulating inspection authority of local units of
government; amending Minnesota Statutes 2012, section 326B.106, subdivision
2, by adding subdivisions.

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

Section 1.

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

Subd. 2.

new text begin Public buildings and state licensed facilities; new text end administration by
commissioner.

new text begin Unless the commissioner has entered into an agreement under subdivision
2a or subdivision 2b, 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.

deleted text begin 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.
deleted text end

deleted text begin 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.
deleted text end

deleted text begin 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.
deleted text end

deleted text begin 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.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Public buildings and state licensed facilities; municipal agreement
for all building projects. new text end

new text begin (a) The commissioner shall enter into an agreement with a
municipality other than the state for plan review, inspection, code administration, and
code enforcement on public buildings and state licensed facilities in the jurisdiction if
the municipality requests to provide those services and the commissioner determines
that the municipality has enough adequately trained and qualified inspectors to provide
those services. In determining whether a municipality has enough adequately trained and
qualified inspectors to provide the service, the commissioner must consider all inspectors
that are employed by the municipality, are under contract with the municipality to provide
inspection services, or are obligated to provide inspection services to the municipality
under any other lawful agreement.
new text end

new text begin (b) The criteria used to make this determination shall be provided in writing to
the municipality requesting an agreement.
new text end

new text begin (c) If the commissioner determines that the municipality lacks enough adequately
trained and qualified inspectors to provide the required services, a written explanation of
the deficiencies shall be provided to the municipality.
new text end

new text begin (d) The municipality shall be given an opportunity to remedy any deficiencies
and request reconsideration of the commissioner's determination. A request for
reconsideration must be in writing and accompanied by substantiating documentation. A
request for reconsideration must be received by the commissioner within 90 days of the
determination explanation. The commissioner shall review the information and issue a
final determination to the municipality within 30 days of the request.
new text end

new text begin (e) A municipality aggrieved by a final decision of the commissioner to not enter into
an agreement may appeal to be heard as a contested case in accordance with chapter 14.
new text end

Sec. 3.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2b. new text end

new text begin Public buildings and state licensed facilities; municipal agreement
for certain building projects. new text end

new text begin The commissioner shall enter into an agreement with a
municipality other than the state for inspection, code administration, and code enforcement
of reserved projects occurring on public buildings and state licensed facilities in its
jurisdiction if the municipality has a designated building official as required by section
326B.133 and requests to provide those services.
new text end

new text begin For purposes of this subdivision, "reserved projects" includes the following:
new text end

new text begin (1) roof covering replacement that does not add roof load;
new text end

new text begin (2) towers requiring special inspection;
new text end

new text begin (3) single-level storage buildings not exceeding 5,000 square feet;
new text end

new text begin (4) exterior maintenance work, including replacement of siding, windows, and doors;
new text end

new text begin (5) HVAC unit replacement that does not add roof load or ventilation capacity;
new text end

new text begin (6) accessibility upgrades not involving building additions or structural alterations;
new text end

new text begin (7) remodeling that does not change the building's occupancy, structural system, exit
access or discharge pattern, or mechanical load; and
new text end

new text begin (8) other projects determined to be reserved by the commissioner.
new text end

Sec. 4.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2c. new text end

new text begin Municipal fees. new text end

new text begin Municipalities other than the state having an agreement
under subdivision 2a with the commissioner for code administration and enforcement
service for public buildings and state licensed facilities or inspecting under authority of
subdivision 2b 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.
new text end

Sec. 5.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2d. new text end

new text begin Public buildings and state licensed facilities; municipal obligation.
new text end

new text begin An agreement with the commissioner under subdivision 2a or 2b must require the
municipality to attend to applicable aspects of code administration and enforcement as
described in the agreement and established by rule.
new text end

Sec. 6.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2e. new text end

new text begin Public buildings and state licensed facilities; applicable code.
new text end

new text begin Administration and enforcement in a municipality under subdivision 2a and 2b 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 end

Sec. 7.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2f. new text end

new text begin Natural disasters. new text end

new text begin 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 end

Sec. 8.

Minnesota Statutes 2012, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 2g. new text end

new text begin Elevators. new text end

new text begin 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.
new text end