2007 Minnesota Statutes

16B.65 BUILDING OFFICIALS.
    Subdivision 1. Designation. 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 to the commissioner.
    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 by rule establish certification criteria as
proof of qualification pursuant to subdivision 2. The commissioner may:
    (1) develop and administer 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 and
administered by nationally recognized testing agencies, as proof of qualification pursuant to
subdivision 2; or
    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory
training program developed or approved by the commissioner.
    Upon a determination of qualification under clause (1), (2), or (3), 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.
    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.[Repealed, 2007 c 133 art 2 s 13]
    Subd. 5a. [Repealed by amendment, 2007 c 140 art 4 s 12]
    Subd. 5b. Grounds. In addition to the grounds set forth in section 326B.082, subdivision 11,
the commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or may
censure an applicant or individual holding a certificate, if the applicant or individual:
    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those sections;
or
    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a certified
building official.
     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. 5c. Action against unlicensed persons. The commissioner may take any
administrative action provided under section 326B.082, against an individual required to be
certified under subdivision 3, based upon conduct that would provide grounds for action against a
certificate holder under this section.
    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 certified 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 to retain certification.
    Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of labor and
industry may by rule adopt standards dealing with renewal requirements.
    (b) If the commissioner has not issued a notice of denial of application for a certificate holder
and if the certificate holder has properly and timely filed a fully completed renewal application,
then the certificate holder may continue to engage in building official activities whether or not
the renewed certificate has been received. Applications must be made on a form approved by
the commissioner. Each application for renewal must be fully completed, and be accompanied
by proof of the satisfactory completion of minimum continuing education requirements and the
certification renewal fee established by the commissioner. Applications are timely if received
prior to the expiration of the most recently issued certificate. An application for renewal that does
not contain all of the information requested is an incomplete application and will not be accepted.
    Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the date of
expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
    Subd. 10. Failure to renew. An individual who has failed to make a timely application for
renewal of a certificate is not certified and must not serve as the designated building official for
any municipality until a renewed certificate has been issued 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; 2007 c 135 art 2 s 3
NOTE:Subdivision 5 was also amended by Laws 2007, chapter 140, article 4, section
12, to read as follows:
    "Subd. 5. Oversight committee. (a) The commissioner shall establish a Code Administration
Oversight Committee that will, at the commissioner's request, recommend to the commissioner
appropriate action pursuant to section 326B.82, in response to information received or obtained
by the commissioner that supports a finding that: (1) an individual has engaged in, or is about
to engage in, the unauthorized performance of the duties of a certified building official or the
unauthorized use of the certified building official title; or (2) a certified building official has
violated a statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist
agreement, or order that the commissioner has adopted, issued, or has the authority to enforce
and that is related to the duties of a certified building official.
    (b) The committee shall consist of six members. One member shall be the commissioner's
designee and five members shall be certified building officials who are appointed by the
commissioner. At least two of the appointed certified building officials must be from
nonmetropolitan counties. For the committee members who are not state officials or employees,
their compensation and removal from the oversight committee is governed by section 15.059. The
commissioner's designee shall serve as the chair of the oversight committee and shall not vote.
The terms of the appointed members of the oversight committee shall be four years. The terms
of three of the appointed members shall be coterminous with the governor and the terms of the
remaining two appointed members shall end on the first Monday in January one year after the
terms of the other appointed members expire. An appointed member may be reappointed. The
committee is not subject to the expiration provisions of section 15.059, subdivision 5.
    (c) If the commissioner determines that an individual has engaged in the unauthorized
performance of the duties of a certified building official or the unauthorized use of the certified
building official title, or that a certified building official has violated a statute, rule, stipulation,
agreement, settlement, compliance agreement, cease and desist agreement, or order that the
commissioner has adopted, issued, or is authorized to enforce that is related to the duties of a
certified building official, the commissioner may take administrative actions against the individual
pursuant to section 326B.082, subdivisions 7 and 11."