3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/06/2010 01:06pm
A bill for an act
relating to the State Building Code; modifying municipal enforcement
provisions; amending Minnesota Statutes 2008, section 326B.121, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 326B.121, subdivision 2, is amended to
read:
(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) If a municipality is not required by paragraph (a) to administer and enforce the
State Building Code, the municipality may choose to administer and enforce the State
Building Code within its jurisdiction by adopting the code by ordinance.
(c) 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. new text begin 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. new text end 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.