SF 3796

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:57pm

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; 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.
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 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) 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 (b) If a designated building inspector in a municipality that has adopted an ordinance
under this subdivision is unable to complete an inspection within two business days of a
request to conduct an inspection, the applicant for an inspection may use 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 the building permit by the municipality.
new text end

new text begin (c) An inspection conducted by an inspector listed under paragraph (b) must be provided
by the inspector to the municipality.
new text end

new text begin (d) An inspection completed in compliance with this subdivision must be treated by the
municipality as if it were conducted by the designated municipal building inspector.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end