as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:11am
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:
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(a) For purposes of this section, the following terms have
the meanings given them.
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(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.
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(c) "Municipality" has the meaning given in section 466.01, subdivision 1.
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(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.
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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.
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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.
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(a) A municipality that has
adopted an ordinance authorized under subdivision 3 is subject to this subdivision.
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(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:
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(1) the inspector acted within the scope of work at the time of the alleged act or omission;
and
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(2) the inspector's act or omission caused injury to or loss of property or personal injury
or death.
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(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.
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This section is effective August 1, 2022, and applies to causes
of actions accruing on or after that date.
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