2007 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. 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 and with permission of the township board extend the enforcement
of the code to contiguous unincorporated territory not more than two miles distant from its
corporate limits in any direction if the code is not in effect in the territory. 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.
Enforcement of the code in an extended area outside a city's corporate limits includes all
rules, laws, and ordinances associated with administration of the code.
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.
    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. In carrying out administration
and enforcement under this subdivision, the commissioner shall apply any optional provision of
the State Building Code adopted by the municipality. A municipality adopting any optional code
provision shall notify the state building official within 30 days of its adoption. 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.
History: 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; 1999 c 135 s 3; 2001 c 207 s 3; 1Sp2003 c 8 art 1 s 6