2006 Minnesota Statutes

16B.65 BUILDING OFFICIALS.
    Subdivision 1. Designation. By January 1, 2002, each municipality shall designate a building
official to administer the code. A municipality may designate no more than one building official
responsible for code administration defined by each certification category established in rule. Two
or more municipalities may combine in the designation of a building official for the purpose of
administering the provisions of the code within their communities. In those municipalities for
which no building officials have been designated, the state building official may use whichever
state employees are necessary to perform the duties of the building official until the municipality
makes a temporary or permanent designation. All costs incurred by virtue of these services
rendered by state employees must be borne by the involved municipality and receipts arising from
these services must be paid into the state treasury and credited to the special revenue fund.
    Subd. 2. Qualifications. A building official, to be eligible for designation, must be certified
and have the experience in design, construction, and supervision which the commissioner deems
necessary and must be generally informed on the quality and strength of building materials,
accepted building construction requirements, and the nature of equipment and needs conducive
to the safety, comfort, and convenience of building occupants. No person may be designated as
a building official for a municipality unless the commissioner determines that the official is
qualified as provided in subdivision 3.
    Subd. 3. Certification. The commissioner shall:
(1) prepare and conduct written and practical examinations to determine if a person is
qualified pursuant to subdivision 2 to be a building official;
(2) accept documentation of successful completion of testing programs developed by
nationally recognized testing agencies, as proof of qualification pursuant to subdivision 2; or
(3) determine qualifications by both clauses (1) and (2).
Upon a determination of qualification under clause (1), (2), or both of them, the commissioner
shall issue a certificate to the building official stating that the official is certified. Each person
applying for examination and certification pursuant to this section shall pay a nonrefundable
fee of $70. The commissioner or a designee may establish categories of certification that will
recognize the varying complexities of code enforcement in the municipalities within the state. The
commissioner shall provide educational programs designed to train and assist building officials in
carrying out their responsibilities.
The Department of Employee Relations may, at the request of the commissioner, provide
statewide testing services.
    Subd. 4. Duties. Building officials shall, in the municipality for which they are designated,
be responsible for all aspects of code administration for which they are certified, including the
issuance of all building permits and the inspection of all manufactured home installations. The
commissioner may direct a municipality with a building official to perform services for another
municipality, and in that event the municipality being served shall pay the municipality rendering
the services the reasonable costs of the services. The costs may be subject to approval by the
commissioner.
    Subd. 5. Oversight committee. (a) The commissioner shall establish a Code Administration
Oversight Committee to evaluate, mediate, and recommend to the commissioner any
administrative action, penalty, suspension, or revocation with respect to complaints filed with or
information received by the commissioner alleging or indicating the unauthorized performance of
official duties or unauthorized use of the title certified building official, or a violation of statute,
rule, or order that the commissioner has issued or is empowered to enforce. The committee
consists of five certified building officials, at least two of whom must be from nonmetropolitan
counties. Committee members must be compensated according to section 15.059, subdivision 3.
The commissioner's designee shall act as an ex-officio member of the oversight committee.
(b) If the commissioner has a reasonable basis to believe that a person has engaged in an act
or practice constituting the unauthorized performance of official duties, the unauthorized use of the
title certified building official, or a violation of a statute, rule, or order that the commissioner has
issued or is empowered to enforce, the commissioner may proceed with administrative actions or
penalties as described in subdivision 5a or suspension or revocation as described in subdivision 5b.
    Subd. 5a. Administrative action and penalties. The commissioner shall, by rule, establish
a graduated schedule of administrative actions for violations of sections 16B.59 to 16B.75 and
rules adopted under those sections. The schedule must be based on and reflect the culpability,
frequency, and severity of the violator's actions. The commissioner may impose a penalty from
the schedule on a certification holder for a violation of sections 16B.59 to 16B.75 and rules
adopted under those sections. The penalty is in addition to any criminal penalty imposed for the
same violation. Administrative monetary penalties imposed by the commissioner must be paid to
the special revenue fund.
    Subd. 5b. Suspension; revocation. Except as otherwise provided for by law, the
commissioner may, upon notice and hearing, revoke or suspend or refuse to issue or reissue a
building official certification if the applicant, building official, or certification holder:
(1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those sections;
(2) engages in fraud, deceit, or misrepresentation while performing the duties of a certified
building official;
(3) makes a false statement in an application submitted to the commissioner or in a document
required to be submitted to the commissioner; or
(4) violates an order of the commissioner.
Notice must be provided and the hearing conducted in accordance with the provisions of
chapter 14 governing contested case proceedings. Nothing in this subdivision limits or otherwise
affects the authority of a municipality to dismiss or suspend a building official at its discretion,
except as otherwise provided for by law.
    Subd. 6. Vacancies. In the event that a designated building official position is vacant within a
municipality, that municipality shall designate a certified building official to fill the vacancy as
soon as possible. The commissioner must be notified of any vacancy or designation in writing
within 15 days. If the municipality fails to designate a certified building official within 15 days of
the occurrence of the vacancy, the state building official may provide state employees to serve
that function as provided in subdivision 1 until the municipality makes a temporary or permanent
designation. Municipalities must not issue permits without a designated certified building official.
    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the commissioner
may by rule establish or approve continuing education programs for municipal building officials
dealing with matters of building code administration, inspection, and enforcement.
Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner every three
calendar years to retain certification.
Each person certified as a building official must submit in writing to the commissioner an
application for renewal of certification within 60 days of the last day of the third calendar year
following the last certificate issued. Each application for renewal must be accompanied by proof
of satisfactory completion of minimum continuing education requirements and the certification
renewal fee established by the commissioner.
History: 1984 c 544 s 70; 1984 c 578 s 1; 1984 c 655 art 2 s 13 subd 1; 1Sp1985 c 17 s
6; 1986 c 444; 1988 c 613 s 16; 1995 c 254 art 2 s 8-11; 1998 c 359 s 11,12; 1Sp2001 c 10 art
2 s 30; 2002 c 220 art 10 s 30,31