2000 Minnesota Statutes

     16B.65 Building officials. 

    Subdivision 1.    Appointments.  The governing body of 
 each municipality shall, unless other means are already 
 provided, appoint a building official to administer the code.  
 Two or more municipalities may combine in the appointment of a 
 single 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 
 appointed, the state building official, with the approval of the 
 commissioner, may appoint building officials to serve until the 
 municipalities have made an appointment.  If unable to make an 
 appointment, the state building official may use whichever state 
 employees or state agencies are necessary to perform the duties 
 of the building official.  All costs incurred by virtue of an 
 appointment by the state building official or services rendered 
 by state employees must be borne by the involved municipality.  
 Receipts arising from the appointment must be paid into the 
 state treasury and credited to the special revenue fund.  

    Subd. 2.    Qualifications.  A building official, to be 
 eligible for appointment, must 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.  
 Each building official must be certified under this section, 
 except that the qualifications outlined in this section are not 
 mandatory regarding any building official in any municipality 
 engaged in the administration of a building code on May 27, 
 1971, and continuing that function through July 1, 1972.  

    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 
 classes of certification that will recognize the varying 
 complexities of code enforcement in the municipalities within 
 the state.  Except as provided by subdivision 2, no person may 
 act as a building official for a municipality unless the 
 commissioner determines that the official is qualified.  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 appointed, attend to 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.    Removal from office.  Except as otherwise 
 provided for by law the commissioner may, upon notice and 
 hearing, direct the dismissal of a building official when it 
 appears to the commissioner by competent evidence that the 
 building official has consistently failed to act in the public 
 interest in the performance of duties.  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 certified 
 building official vacates that position within a municipality, 
 that municipality shall appoint a certified building official to 
 fill the vacancy as soon as possible.  If the municipality fails 
 to appoint a certified building official within 90 days of the 
 occurrence of the vacancy, the state building official may make 
 the appointment or provide state employees to serve that 
 function as provided in subdivision 1.  

    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.  

    Effective January 1, 1985, 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.  

    For persons certified prior to January 1, 1985, the first 
 three-year period commences January 1, 1985. 

    HIST: 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