SF 3293

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the State Building Code; regulating the application and enforcement of
the State Building Code; amending Minnesota Statutes 2006, sections 16B.616,
subdivision 4; 16B.62; 16B.71; Minnesota Statutes 2007 Supplement, section
16B.735; repealing Minnesota Statutes 2007 Supplement, sections 16B.72;
16B.73.

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

Section 1.

Minnesota Statutes 2006, section 16B.616, subdivision 4, is amended to read:

Subd. 4.

Enforcement.

(a) A statutory or home rule charter city that deleted text begin is not covered
by the code because of action taken under section 16B.72 or 16B.73 deleted text end new text begin does not have in
effect an ordinance adopting the State Building Code new text end is responsible for enforcement in the
city of the code's requirements for bleacher safety. In all other areas where deleted text begin the code does
not apply because of action taken under section 16B.72 or 16B.73 deleted text end new text begin there is no ordinance
in effect adopting the State Building Code new text end , the county is responsible for enforcement of
deleted text begin those deleted text end new text begin the code's new text end requirements new text begin for bleacher safety new text end .

(b) Municipalities that have not adopted the code may enforce the code requirements
for bleacher safety by either entering into a joint powers agreement for enforcement
with another municipality that has adopted the code or contracting for enforcement with
a qualified and certified building official or state licensed design professional to enforce
the code.

(c) Municipalities, school districts, organizations, individuals, and other persons
operating or owning places of public accommodation with bleachers that are subject to the
safety requirements in subdivision 3 shall provide a signed certification of compliance
to the commissioner by January 1, 2002. For bleachers subject to the exception in
subdivision 3, clause (1), entities covered by this paragraph must have on file a bleacher
safety management plan and amortization schedule. The certification shall be prepared by
a qualified and certified building official or state licensed design professional and shall
certify that the bleachers have been inspected and are in compliance with the requirements
of this section and are structurally sound. For bleachers owned by a school district or
nonpublic school, the person the district or nonpublic school designates to be responsible
for buildings and grounds may make the certification.

Sec. 2.

Minnesota Statutes 2006, section 16B.62, is amended to read:

16B.62 STATE BUILDING CODE; APPLICATION new text begin AND ENFORCEMENT new text end .

deleted text begin Subdivision 1. deleted text end

deleted text begin Municipal enforcement. deleted text end

deleted text begin The State Building Code applies statewide
and supersedes the building code of any municipality. A municipality must not by
ordinance or through development agreement require building code provisions regulating
components or systems of any residential structure that are different from any provision
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 16B.67. The State Building Code does not apply to agricultural
buildings except with respect to state inspections required or rulemaking authorized
by sections 103F.141, 216C.19, subdivision 8, and 326.244. All municipalities shall
adopt and enforce the State Building Code with respect to new construction within their
respective jurisdictions.
deleted text end

deleted text begin If a city has adopted or is enforcing the State Building Code on June 3, 1977, or
determines by ordinance after that date to undertake enforcement, it shall enforce the
code within the city. A city may by ordinance and with permission of the township
board extend the 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
in effect in the territory. Where two or more noncontiguous cities which have elected to
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.
deleted text end

deleted text begin 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 end

deleted text begin A city which, on June 3, 1977, had not adopted the code may not commence
enforcement of the code within or 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 enforce the code. A public hearing on the proposed enforcement must be
held not less than 30 days after the notice has been provided. Enforcement of the code
by the city outside of its jurisdiction commences on the first day of January in the year
following the notice and hearing.
deleted text end

deleted text begin Municipalities may provide for the issuance of permits, inspection, and enforcement
within their jurisdictions by means which are convenient, and lawful, including by means
of contracts with other municipalities pursuant to 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.
In areas of the state where inspection and enforcement is unavailable from qualified
employees of municipalities, the commissioner shall train and designate individuals
available to carry out inspection and enforcement on a fee basis. Nothing in this section
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 residential structure.
deleted text end

new text begin Subd. 1a. new text end

new text begin Application. new text end

new text begin The State Building Code is the standard that applies
statewide for the construction, reconstruction, alteration, and repair of buildings and other
structures of the type governed by the code. The State Building Code supersedes the
building code of any municipality. The State Building Code does not apply to agricultural
buildings except with respect to state inspections required or rulemaking authorized by
sections 103F.141; 216C.19, subdivision 9; and 326.244.
new text end

new text begin Subd. 1b. new text end

new text begin Municipal enforcement. new text end

new text begin (a) If, as of January 1, 2007, 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.
new text end

new text begin (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.
new text end

new text begin (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. 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 16B.67.
new text end

new text begin (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.
new text end

new text begin (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 the first day of January in
the year following the notice and hearing.
new text end

new text begin (f) A municipality that has adopted the State Building Code may administer and
enforce it 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
adopted the State Building Code but there are no qualified employees of the municipality
available to carry out inspection and enforcement, the commissioner shall train and
designate individuals available to carry out inspection and enforcement on a fee basis.
new text end

new text begin (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.
new text end

Subd. 2.

Enforcement by state building official.

If the commissioner determines
that a municipality new text begin that has adopted the State Building Code new text end is not properly administering
and enforcing the deleted text begin State Building Code as provided in section 16B.71 deleted text end new text begin code, or if the
commissioner determines that any municipality that is required by law to enforce
any provision of the State Building Code is not properly enforcing that provision new text end , the
commissioner may have the administration and enforcement in the involved municipality
undertaken by the state building official new text begin or by another building official certified by the
state new text end . The commissioner shall notify the affected municipality in writing immediately
upon making the determination, and the municipality may challenge the determination
as a contested case before the commissioner pursuant to the Administrative Procedure
Act. deleted text begin In municipalities not properly administering and enforcing the State Building Code,
and in municipalities who determine not to administer and enforce the State Building
Code, the commissioner shall have administration and enforcement undertaken by
the state building official or by another inspector certified by the state. deleted text end In carrying out
administration and enforcement under this subdivision, the commissioner shall apply any
optional provision 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. The commissioner shall determine appropriate fees to be charged for
the administration and enforcement service rendered. Any cost to the state arising from
the state administration and enforcement of the State Building Code shall be borne by
the subject municipality.

Sec. 3.

Minnesota Statutes 2006, section 16B.71, is amended to read:

16B.71 PERMIT FEES, TO WHOM APPLICABLE.

deleted text begin Municipal building officials deleted text end new text begin If a municipality has adopted the State Building Code,
the municipality's building official new text end shall administer and enforce the State Building
Code with respect to all subject structures constructed within deleted text begin their deleted text end new text begin the municipality's
new text end jurisdiction, including all buildings constructed by municipalities other than the state deleted text begin ,
as defined in section 16B.60, deleted text end and the University of Minnesota. These governmental
bodies shall pay the building permit fees and surcharges that the inspecting municipality
customarily imposes for its administration and enforcement of the code.

Sec. 4.

Minnesota Statutes 2007 Supplement, section 16B.735, is amended to read:

16B.735 ENFORCEMENT OF REQUIREMENTS FOR new text begin DISABLED
new text end PERSONS deleted text begin WITH DISABILITIES deleted text end .

A statutory or home rule charter city that deleted text begin is not covered by deleted text end new text begin does not have in effect
an ordinance adopting new text end the State Building Code deleted text begin because of action taken under section
16B.72 or 16B.73 deleted text end is responsible for enforcement in the city of the State Building Code's
requirements for new text begin disabled new text end persons deleted text begin with disabilities deleted text end . In all other areas where new text begin there is no
ordinance in effect adopting new text end the State Building Code deleted text begin does not apply because of action
taken under section 16B.72 or 16B.73 deleted text end , the county is responsible for enforcement of deleted text begin those deleted text end
new text begin the State Building Code's new text end requirements new text begin for disabled persons new text end .

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2007 Supplement, sections 16B.72; and 16B.73, new text end new text begin are repealed.
new text end