Minnesota Administrative Rules

1300.0160 FEES.

Subpart 1.

Schedule of permit fees.

The applicant for a permit for a building; structure; or electrical, gas, mechanical, or plumbing system or alterations requiring a permit shall pay the fee set forth by a fee schedule adopted by the municipality.

When submittal documents are required to be submitted by this chapter, a plan review fee shall be required. The plan review fee shall be established by the fee schedule adopted by the municipality.

Exception: The fee schedule adopted by the municipality may exempt minor work from plan review fees.

Subp. 2.

Fees commensurate with service.

Fees established by the municipality must be by legal means and must be fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed.

Subp. 3.

Building permit valuations.

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of all construction work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. Building permit valuation shall be set by the building official.

Exceptions: Building permit valuations for the following structures shall be based on the valuation of on-site work only:

A. manufactured homes containing a Housing and Urban Development (HUD) certification label;

B. prefabricated buildings with a Department of Labor and Industry prefabrication label; and

C. industrialized/modular buildings with an Interstate Industrialized Buildings Commission (IIBC) label.

Subp. 4.

Building permit fees.

Building permit fees shall be based on valuation.

Exceptions:

A. one- and two-family dwelling maintenance permits for roofing, siding, windows, doors, or other minor projects may be charged a fixed fee; and

B. permits for plumbing, mechanical, electrical, or other building service equipment systems may be based on valuation or charged a fixed fee.

Subp. 5.

Plan review fees for similar plans.

When submittal documents for similar plans are approved under subpart 6, plan review fees shall not exceed 25 percent of the normal building permit fee established and charged by the jurisdiction for the same structure.

Subp. 6.

Plan review of similar plans.

A.

Any number of similar buildings may be built from a master plan if:

(1)

plan review fees have been paid for the master plan;

(2)

a code change has not occurred that impacts the design of a master plan;

(3)

the similar building has the same physical dimensions and structural design as the master plan;

Exception: The following modifications to the master plan are not considered to be significant modifications, according to Minnesota Statutes, section 326B.106, subdivision 1, and are permitted for dwelling units and their accessory structures built to the International Residential Code, and residential occupancies built to the International Building Code that are three stories or less in height and their accessory structures:

(a) foundation configurations of walkout, lookout, and full basements;

(b) alternate foundation materials approved by the building official;

(c) roof design changed by a revised truss plan approved by the building official; and

(d) other modifications approved by the building official;

(4)

occupancy groups other than those identified in the exceptions listed in part 1300.0160, subpart 6, item A, subitem (3), must be the same type of construction and occupancy classification and must have the same exit system;

Exception: Minor changes to the exit access; and

(5)

the similar plan is based on a master plan for which the municipality has issued a permit within the last 12 months.

B.

Plan review fees for similar building plans must be based on the costs commensurate with the direct and indirect cost of the service, but must not exceed 25 percent of the normal building permit fee established and charged by the municipality for the same structure.

C.

The plan review fee charged for similar building plans applies to all buildings regulated by the code regardless of occupancy classification including industrialized/modular buildings constructed under a program specified in Minnesota Statutes, section 326B.194.

D.

The applicant must submit a new plan set and other information as required by the building official for each building reviewed as a similar building.

Subp. 7.

Payment of fees.

A permit shall not be issued until the fees prescribed by the municipality have been paid.

Subp. 8.

Work commencing before permit issuance.

If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee established by the municipality shall be collected whether or not a permit is issued and is in addition to the required permit fees, but it may not exceed the permit fee. The investigation fee must comply with requirements for fees in subpart 2.

Subp. 9.

Fee refunds.

The municipality shall establish a permit and plan review fee refund policy.

Subp. 10.

State surcharge fees.

All municipal permits issued for work under the code are subject to a surcharge fee. The fees are established by Minnesota Statutes, section 326B.148. Reports and remittances by municipalities must be filed with the commissioner.

Surcharge fees imposed by the state are in addition to municipal permit fees. Surcharge report forms and information may be obtained by writing the commissioner.

Statutory Authority:

MS s 16B.59; 16B.61; 16B.64; 326B.02; 326B.101; 326B.106; 326B.13

History:

27 SR 1471; L 2006 c 140 art 1 s 1; L 2007 c 140 art 4 s 61; art 13 s 4; 32 SR 5; 39 SR 91; 44 SR 537

Published Electronically:

March 31, 2020