SF 3796

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 03:28pm

A bill for an act
relating to the State Building Code; prohibiting municipalities from requiring use
of designated building officials for inspections; allowing municipalities to opt out
of prohibition by ordinance; authorizing civil action against municipality for
negligent construction code inspection under certain conditions; proposing coding
for new law in Minnesota Statutes, chapter 326B.

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

Section 1.

new text begin [326B.086] INSPECTIONS; MUNICIPALITIES; LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Inspector" means a certified building official under section 326B.133, a certified
building official-limited under section 326B.133, or a construction code inspector working
under the direction of a designated building official to ensure compliance with the State
Building Code.
new text end

new text begin (c) "Municipality" has the meaning given in section 466.01, subdivision 1.
new text end

new text begin (d) "Scope of work" means that the inspector was acting on behalf of the municipality
in the performance of duties or tasks lawfully assigned by competent authority or pursuant
to a contractual relationship with the municipality.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on use of certain building official or inspector. new text end

new text begin Except as provided
in subdivision 3, a municipality is prohibited from requiring the use of a designated building
official, designated building official-limited, or inspector working under the supervision of
the designated building official to conduct the inspections necessary for issuance of a building
permit by the municipality. A property owner may contract with any certified building
official, certified building official-limited, or construction code inspector authorized to
conduct inspections under this chapter to conduct the inspections necessary for issuance of
a building permit by the municipality.
new text end

new text begin Subd. 3. new text end

new text begin Municipal ordinance. new text end

new text begin A municipality may by ordinance adopt an official
control that requires use of the designated local building official, designated building
official-limited, or inspector working under the supervision of the designated building
official to conduct the inspections necessary for issuance of a building permit by the
municipality.
new text end

new text begin Subd. 4. new text end

new text begin Municipality liability for negligent inspection. new text end

new text begin (a) A municipality that has
adopted an ordinance authorized under subdivision 3 is subject to this subdivision.
new text end

new text begin (b) An owner of real property may bring a civil action in district court against a
municipality that has adopted an ordinance authorized under subdivision 3 seeking damages
for a negligent inspection if:
new text end

new text begin (1) the inspector acted within the scope of work at the time of the alleged act or omission;
and
new text end

new text begin (2) the inspector's act or omission caused injury to or loss of property or personal injury
or death.
new text end

new text begin (c) If the owner prevails on a claim brought under this section, the court may award
reasonable attorney fees and reasonable costs to the owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to causes
of actions accruing on or after that date.
new text end