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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 387-S.F.No. 1261 
           An act relating to the state building code; changing 
          certain provisions relating to public buildings; 
          amending Minnesota Statutes 1986, sections 16B.60, 
          subdivisions 3 and 6; 16B.61, by adding a subdivision; 
          and 16B.71. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 16B.60, 
subdivision 3, is amended to read:  
    Subd. 3.  [MUNICIPALITY.] "Municipality" means a city, 
county, or town meeting the requirements of section 368.01, 
subdivision 1, or the University of Minnesota, or the state for 
public buildings.  
    Sec. 2.  Minnesota Statutes 1986, section 16B.60, 
subdivision 6, is amended to read:  
    Subd. 6.  [PUBLIC BUILDING.] "Public building" means a 
building and its grounds, the cost of which is paid for by the 
state, a state agency or governmental subdivision, an agency of 
a governmental subdivision, or a school district.  
    Sec. 3.  Minnesota Statutes 1986, section 16B.61, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
commissioner shall administer and enforce the state building 
code as a municipality with respect to public buildings in the 
state.  The commissioner shall establish appropriate permit, 
plan review, and inspection fees for public buildings.  Fees and 
surcharges for public buildings must be remitted to the 
commissioner, who shall deposit them in the state treasury for 
credit to the special revenue fund. 
    Municipalities other than the state having a contractual 
agreement with the commissioner for code administration and 
enforcement service for public buildings shall charge their 
customary fees, including surcharge, to be paid directly to the 
contractual jurisdiction by the applicant seeking authorization 
to construct a public building.  The commissioner shall contract 
with a municipality other than the state for plan review, code 
administration, and code enforcement service for public 
buildings in the contractual jurisdiction if the building 
officials of the municipality meet the requirements of section 
16B.65 and wish to provide those services and if the 
commissioner determines that the municipality has enough 
adequately trained and qualified building inspectors to provide 
those services for the construction project. 
    Sec. 4.  Minnesota Statutes 1986, section 16B.71, is 
amended to read:  
    16B.71 [PERMIT FEES, TO WHOM APPLICABLE.] 
    Municipal building officials shall administer and enforce 
the state building code with respect to all subject structures 
constructed within their jurisdiction, including all buildings 
constructed by the state of Minnesota, its agencies, 
departments, and instrumentalities, school districts, 
municipalities other than the state, as defined in section 
16B.60, 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. 5.  Minnesota Statutes 1986, section 515A.2-110, is 
amended to read: 
    515A.2-110 [CONDOMINIUM PLATS.] 
    (a) Condominium plats are a part of the declaration.  The 
condominium plat shall contain a certification by a registered 
professional land surveyor or registered professional architect, 
as to the parts of the plat prepared by each, that the 
condominium plat accurately depicts all information required by 
this section.  The portions of the condominium plat depicting 
the dimensions of the portions of the condominium described in 
paragraphs (b)(3), (8), (9), (10), and (11), may be prepared by 
either a land surveyor or an architect.  The other portions of 
the plat must be prepared only by a land surveyor.  All 
measurements must be undertaken in accordance with good 
professional practice.  The certification must indicate that the 
work was undertaken by or under the supervision of the 
certifying architect or land surveyor.  Certification by the 
architect or land surveyor does not constitute a guaranty or 
warranty of the nature, suitability, or quality of construction 
of the condominium.  
    (b) Each condominium plat shall show:  
    (1) the number of the condominium and the boundaries and 
dimensions of the land included in the condominium;  
    (2) the dimensions and location of all existing structural 
improvements and roadways;  
    (3) the intended location and dimensions of any 
contemplated common element improvements to be constructed 
within the condominium labeled either "MUST BE BUILT" or "NEED 
NOT BE BUILT";  
    (4) the location and dimensions of any additional real 
estate, labeled as such;  
    (5) the extent of any encroachments by or upon any portion 
of the condominium;  
    (6) the location and dimensions of all recorded easements 
within the condominium serving or burdening any portion of the 
condominium;  
     (7) the distance between noncontiguous parcels of real 
estate;  
     (8) the location and dimensions of limited common elements, 
including porches, balconies and patios, other than limited 
common elements described in section 515A.2-102(2) and (4);  
     (9) the location and dimensions of the vertical boundaries 
of each unit and that unit's identifying number; 
     (10) the location and dimensions of the horizontal unit 
boundaries with reference to established or assumed datum and 
that unit's identifying number;  
     (11) any units which may be converted by the declarant to 
create additional units or common elements (section 515A.2-115) 
identified separately.  
    (c) When adding additional real estate (section 
515A.2-111), the declarant shall record supplemental condominium 
plats for that real estate conforming to the requirements of 
subsection (b).  If less than all additional real estate is 
being added, the supplemental condominium plats shall also show 
the location and dimensions of the remaining portion.  
    (d) If a declarant subdivides or converts any unit into two 
or more units, common elements or limited common elements 
(section 515A.2-115), the declarant shall record an amendment to 
the condominium plat showing the location and dimensions of any 
new units, common elements and limited common elements thus 
created. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment, but do not apply to the construction and remodeling 
of public buildings for which plans and specifications have been 
approved by the commissioner before that date. 
    Approved June 3, 1987