1998 Minnesota Statutes

     16B.62 State Building Code; application. 

    Subdivision 1.    Municipal enforcement.  The State 
 Building Code applies statewide and supersedes the building code 
 of any municipality.  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.  

    Subd. 2.    Enforcement by state building official.  If 
 the commissioner determines that a municipality is not properly 
 administering and enforcing the State Building Code as provided 
 in section 16B.71, the commissioner may have the administration 
 and enforcement in the involved municipality undertaken by the 
 state building official.  The commissioner shall notify the 
 affected municipality in writing immediately upon making the 
 determination, and the municipality may challenge the 
 determination as a contested case before the commissioner 
 pursuant to the Administrative Procedure Act.  In municipalities 
 not properly administering and enforcing the State Building 
 Code, and in municipalities who determine not to administer and 
 enforce the State Building Code, the commissioner shall have 
 administration and enforcement undertaken by the state building 
 official or by another inspector certified by the state.  The 
 commissioner shall determine appropriate fees to be charged for 
 the administration and enforcement service rendered.  Any cost 
 to the state arising from the state administration and 
 enforcement of the State Building Code shall be borne by the 
 subject municipality.  

    HIST: 1984 c 544 s 67; 1987 c 312 art 1 s 10 subd 1; 1990 c 
 391 art 8 s 2; 1994 c 634 art 2 s 5,10