Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 207-H.F.No. 1310
An act relating to construction; giving the state
building official final authority for interpreting the
State Building Code and prescribing its enforcement;
regulating construction-related fees; requiring
municipalities to submit annual reports on
construction-related fees; providing for adoption of
certain amendments to the mechanical code; limiting
certain municipal building code ordinances; clarifying
certain terms; modifying provisions relating to
construction warranties; limiting certain waivers of
rights; modifying provisions relating to zoning
ordinances; amending Minnesota Statutes 2000, sections
16B.61, subdivisions 1, 2; 16B.62, subdivision 1;
16B.63, by adding a subdivision; 326.90, subdivision
1; 327A.01, subdivision 2; 327A.02, subdivisions 1, 3;
462.353, subdivision 4; 462.357, subdivisions 2, 5;
proposing coding for new law in Minnesota Statutes,
chapters 16B; 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 16B.61,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION OF CODE.] Subject to sections
16B.59 to 16B.75, the commissioner shall by rule establish a
code of standards for the construction, reconstruction,
alteration, and repair of buildings, governing matters of
structural materials, design and construction, fire protection,
health, sanitation, and safety, including design and
construction standards regarding heat loss control,
illumination, and climate control. The code must conform
insofar as practicable to model building codes generally
accepted and in use throughout the United States, including a
code for building conservation. In the preparation of the code,
consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary
modifications and statewide specialty codes may be adopted by
reference. The code must be based on the application of
scientific principles, approved tests, and professional
judgment. To the extent possible, the code must be adopted in
terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of
specifications of particular methods or materials. To that end
the code must encourage the use of new methods and new
materials. Except as otherwise provided in sections 16B.59 to
16B.75, the commissioner shall administer and enforce the
provisions of those sections.
The commissioner shall develop rules addressing the plan
review fee assessed to similar buildings without significant
modifications including provisions for use of building systems
as specified in the industrial/modular program specified in
section 16B.75. Additional plan review fees associated with
similar plans must be based on costs commensurate with the
direct and indirect costs of the service.
Sec. 2. Minnesota Statutes 2000, section 16B.61,
subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the
direction and supervision of the commissioner, the provisions of
the code relating to electrical installations shall be enforced
by the state board of electricity, pursuant to the Minnesota
Electrical Act, the provisions relating to plumbing shall be
enforced by the commissioner of health, the provisions relating
to high pressure steam piping and appurtenances shall be
enforced by the department of labor and industry. Fees for
inspections conducted by the state board of electricity shall be
paid in accordance with the rules of the state board of
electricity. Under direction of the commissioner of public
safety, the state fire marshal shall enforce the Minnesota
Uniform Fire Code as provided in chapter 299F. The
commissioner, in consultation with the commissioner of labor and
industry, shall adopt amendments to the mechanical code portion
of the State Building Code to implement standards for process
piping.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2000, section 16B.62,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPAL ENFORCEMENT.] 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.
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 extend the enforcement of the
code to contiguous unincorporated territory not more than two
miles distant from its corporate limits in any direction. 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.
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.
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.
Sec. 4. Minnesota Statutes 2000, section 16B.63, is
amended by adding a subdivision to read:
Subd. 5. [INTERPRETATIVE AUTHORITY.] To achieve uniform
and consistent application of the State Building Code, the state
building official has final interpretative authority applicable
to all codes adopted as part of the State Building Code except
for the plumbing code and the electrical code when enforced by
the state board of electricity. A final interpretative
committee composed of seven members, consisting of three
building officials, two inspectors from the affected field, and
two construction industry representatives, shall review requests
for final interpretations relating to that field. A request for
final interpretation must come from a local or state level
building code board of appeals. The state building official
must establish procedures for membership of the interpretative
committees. The appropriate committee shall review the request
and make a recommendation to the state building official for the
final interpretation within 30 days of the request. The state
building official must issue an interpretation within ten
business days from the recommendation from the review
committee. A final interpretation may be appealed within 30
days of its issuance to the commissioner under section 16B.67.
The final interpretation must be published within ten business
days of its issuance and made available to the public.
Municipal building officials shall administer all final
interpretations issued by the state building official until the
final interpretations are considered for adoption as part of the
State Building Code.
Sec. 5. [16B.665] [PERMIT FEE LIMITATION ON MINOR
RESIDENTIAL IMPROVEMENTS.]
A municipality as defined in section 16B.60, subdivision 3,
or a town may not charge a permit fee that exceeds $15 or 5
percent of the cost of the improvement, installation, or
replacement, whichever is greater, for the improvement,
installation, or replacement of a residential fixture or
appliance that:
(1) does not require modification to electric or gas
service;
(2) has a total cost of $500 or less, excluding the cost of
the fixture or appliance; and
(3) is improved, installed, or replaced by the home owner
or a licensed contractor.
Sec. 6. [16B.685] [ANNUAL REPORT.]
Beginning with the first report filed by April 1, 2003,
each municipality shall annually report by April 1 to the
department, in a format prescribed by the department, all
construction and development-related fees collected by the
municipality from developers, builders, and subcontractors. The
report must include:
(1) the number and valuation of units for which fees were
paid;
(2) the amount of building permit fees, plan review fees,
administrative fees, engineering fees, infrastructure fees, and
other construction and development-related fees; and
(3) the expenses associated with the municipal activities
for which fees were collected.
Sec. 7. Minnesota Statutes 2000, section 326.90,
subdivision 1, is amended to read:
Subdivision 1. [LOCAL LICENSE PROHIBITED.] Except as
provided in sections 326.991 and 326.90, subdivision 2, and
326.991, a political subdivision may not require a person
licensed under sections 326.83 to 326.991 to also be licensed or
pay a registration or other fee related to licensure under any
ordinance, law, rule, or regulation of the political
subdivision. This section does not prohibit charges for
building permits or other charges not directly related to
licensure.
Sec. 8. Minnesota Statutes 2000, section 327A.01,
subdivision 2, is amended to read:
Subd. 2. [BUILDING STANDARDS.] "Building standards" means
the structural, mechanical, electrical, and quality standards of
the home building industry for the geographic area in which the
dwelling is situated State Building Code, adopted by the
commissioner of administration pursuant to sections 16B.59 to
16B.75, that is in effect at the time of the construction or
remodeling.
Sec. 9. Minnesota Statutes 2000, section 327A.02,
subdivision 1, is amended to read:
Subdivision 1. [WARRANTIES BY VENDORS.] In every sale of a
completed dwelling, and in every contract for the sale of a
dwelling to be completed, the vendor shall warrant to the vendee
that:
(a) during the one-year period from and after the warranty
date the dwelling shall be free from defects caused by faulty
workmanship and defective materials due to noncompliance with
building standards;
(b) during the two-year period from and after the warranty
date, the dwelling shall be free from defects caused by faulty
installation of plumbing, electrical, heating, and cooling
systems due to noncompliance with building standards; and
(c) during the ten-year period from and after the warranty
date, the dwelling shall be free from major construction defects
due to noncompliance with building standards.
Sec. 10. Minnesota Statutes 2000, section 327A.02,
subdivision 3, is amended to read:
Subd. 3. [HOME IMPROVEMENT WARRANTIES.] (a) In a sale or
in a contract for the sale of home improvement work involving
major structural changes or additions to a residential building,
the home improvement contractor shall warrant to the owner that:
(1) during the one-year period from and after the warranty
date the home improvement shall be free from defects caused by
faulty workmanship and defective materials due to noncompliance
with building standards; and
(2) during the ten-year period from and after the warranty
date the home improvement shall be free from major construction
defects due to noncompliance with building standards.
(b) In a sale or in a contract for the sale of home
improvement work involving the installation of plumbing,
electrical, heating or cooling systems, the home improvement
contractor shall warrant to the owner that, during the two-year
period from and after the warranty date, the home improvement
shall be free from defects caused by the faulty installation of
the system or systems due to noncompliance with building
standards.
(c) In a sale or in a contract for the sale of any home
improvement work not covered by paragraph (a) or (b), the home
improvement contractor shall warrant to the owner that, during
the one-year period from and after the warranty date, the home
improvement shall be free from defects caused by faulty
workmanship or defective materials due to noncompliance with
building standards.
Sec. 11. Minnesota Statutes 2000, section 462.353,
subdivision 4, is amended to read:
Subd. 4. [FEES.] A municipality may prescribe fees
sufficient to defray the costs incurred by it in reviewing,
investigating, and administering an application for an amendment
to an official control established pursuant to sections 462.351
to 462.364 or an application for a permit or other approval
required under an official control established pursuant to those
sections. Fees as prescribed shall must be by ordinance and
must be fair, reasonable, and proportionate to the actual cost
of the service for which the fee is imposed. A municipality
shall adopt management and accounting procedures to ensure that
fees are maintained and used only for the purpose for which they
are collected.
If a dispute arises over a specific fee imposed by a
municipality related to a specific application, the amount of
the fee must be deposited and held in escrow, and the person
aggrieved by the fee may appeal under section 462.361. An
approved application may proceed as if the fee had been paid,
pending a decision on the appeal.
Sec. 12. [462.3531] [WAIVER OF RIGHTS.]
Any waiver of rights of appeal under section 429.081 is
effective only for the amount of assessment estimated or for the
assessment amount agreed to in the development agreement. An
effective waiver of rights of appeal under section 429.081 may
contain additional conditions providing for increases in
assessments that will not be subject to appeal if:
(1) the increases are a result of requests made by the
developer or property owner; or
(2) the increases are otherwise approved by the developer
or property owner in a subsequent separate written document.
Sec. 13. Minnesota Statutes 2000, section 462.357,
subdivision 2, is amended to read:
Subd. 2. [GENERAL REQUIREMENTS.] (a) At any time after the
adoption of a land use plan for the municipality, the planning
agency, for the purpose of carrying out the policies and goals
of the land use plan, may prepare a proposed zoning ordinance
and submit it to the governing body with its recommendations for
adoption.
(b) Subject to the requirements of subdivisions 3, 4, and
5, the governing body may adopt and amend a zoning ordinance by
a majority vote of all its members. The adoption or amendment
of any portion of a zoning ordinance which changes all or part
of the existing classification of a zoning district from
residential to either commercial or industrial requires a
two-thirds majority vote of all its members of the governing
body.
(c) The land use plan must provide guidelines for the
timing and sequence of the adoption of official controls to
ensure planned, orderly, and staged development and
redevelopment consistent with the land use plan.
Sec. 14. Minnesota Statutes 2000, section 462.357,
subdivision 5, is amended to read:
Subd. 5. [AMENDMENT; CERTAIN CITIES OF THE FIRST CLASS.]
The provisions of this subdivision apply to cities the adoption
or amendment of any portion of a zoning ordinance which changes
all or part of the existing classification of a zoning district
from residential to either commercial or industrial of a
property located in a city of the first class, except a city of
the first class in which a different process is provided through
the operation of the city's home rule charter. In a city to
which this subdivision applies, amendments to a zoning ordinance
shall be made in conformance with this section but only after
there shall have been filed in the office of the city clerk a
written consent of the owners of two-thirds of the several
descriptions of real estate situate within 100 feet of the total
contiguous descriptions of real estate held by the same owner or
any party purchasing any such contiguous property within one
year preceding the request, and after the affirmative vote in
favor thereof by a majority of the members of the governing body
of any such city. The governing body of such city may, by a
two-thirds vote of its members, after hearing, adopt a new
zoning ordinance without such written consent whenever the
planning commission or planning board of such city shall have
made a survey of the whole area of the city or of an area of not
less than 40 acres, within which the new ordinance or the
amendments or alterations of the existing ordinance would take
effect when adopted, and shall have considered whether the
number of descriptions of real estate affected by such changes
and alterations renders the obtaining of such written consent
impractical, and such planning commission or planning board
shall report in writing as to whether in its opinion the
proposals of the governing body in any case are reasonably
related to the overall needs of the community, to existing land
use, or to a plan for future land use, and shall have conducted
a public hearing on such proposed ordinance, changes or
alterations, of which hearing published notice shall have been
given in a daily newspaper of general circulation at least once
each week for three successive weeks prior to such hearing,
which notice shall state the time, place and purpose of such
hearing, and shall have reported to the governing body of the
city its findings and recommendations in writing.
Sec. 15. [EFFECTIVE DATE.]
(a) Sections 5 and 11 are effective January 1, 2002.
(b) Sections 8 to 10, 13, and 14 are effective the day
following final enactment.
(c) Section 12 is effective August 1, 2001, and applies to
contracts entered into on or after that date.
Presented to the governor May 25, 2001
Signed by the governor May 29, 2001, 11:35 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes