CHAPTER 150: BUILDING/CONSTRUCTION REGULATIONS
Section
General Provisions
   150.01   State Building Code adopted
   150.02   Permit fees
   150.03   Permits and special requirements for moving buildings
   150.04   Special requirements in new construction
   150.05   Additional construction standards
   150.06   Walls, fences and hedges on private property
   150.07   Contiguous territory
   150.08   Swimming pool construction regulation
   150.09   Completion of work
   150.10   Rental Dwelling Licensing Code
   150.11   Accessory buildings
Housing Maintenance Code
   150.25   Title
   150.26   Purpose
   150.27   Discrimination and privacy
   150.28   Definitions
   150.29   Applicability
   150.30   General responsibilities of owners
   150.31   Smoke and carbon monoxide detection
   150.32   Conditions of components or systems of existing residential structures
   150.33   Conditions of residential housing other than components and systems
GENERAL PROVISIONS
§ 150.01 STATE BUILDING CODE ADOPTED.
   (A)   Codes adopted by reference. The State Building Code, as adopted by the Commissioner of Administration pursuant to M.S. §§ 326B.101 to 326B.194, as it may be amended from time to time, including all of the amendments, rules and regulations established, adopted and published from time to time by the State Commissioner of Administration, to the Building Codes and Standards Division is hereby adopted by reference, with the exception of the optional chapters, unless specifically adopted in this section. The State Building Code is hereby incorporated in this section as if fully set out herein.
   (B)   Application, administration and enforcement. The application, administration and enforcement of the code shall be in accordance with the State Building Code. The code shall be enforced within the extra territorial limits permitted by M.S. § 326B.121(d), as it may be amended from time to time. The Code Enforcement Agency of this municipality is the City Building Official, also known as City Building Inspector. This code shall be enforced by the State Certified Building Official designated by this municipality to administer the code (M.S. § 326B.133(1), as it may be amended from time to time).
   (C)   Permits and fees. The issuance of permits and the collection of fees shall be as authorized by M.S. § 326B.121(d), as it may be amended from time to time. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted and modified by the city in by resolution as amended from time to time, said resolution on file at the office of City Clerk. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance M.S. § 326B.148, as it may be amended from time to time.
   (D)   Violations. A violation of the code is a misdemeanor (M.S. § 16B.69 , as it may be amended from time to time).
   (E)   Building Code option chapters. The State Building Code, established pursuant to M.S. §§ 326B.101 to 326B.194, as they may be amended from time to time, allows a municipality to adopt by reference and enforce certain optional chapters of the most current edition of the State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the Building Code for this municipality: none.
(Ord. 142, passed 1-7-2008)
§ 150.02 PERMIT FEES.
   (A)   Generally.
      (1)   The applicant for a permit shall provide an estimated construction value at the time of application, except for fixed fees.
      (2)   Permit valuation shall include the total value of all construction work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems.
      (3)   The Building Official shall make the final determination of value.
      (4)   Valuation is based on the building valuation data dated May 2008, or the most current valuation provided by the ICC via State Building Codes and Standards Division or contract bid price.
      (5)   The Building Official shall make the final determination.
      (6)   Exceptions: building permit valuations for the following structures shall be based on the valuation of on-site work only:
         (a)   Manufactured homes containing a Housing and Urban Development (HUD) certification label;
         (b)   Prefabricated buildings with a State Building Codes and Standards Division prefabrication label; and
         (c)   Industrialized/modular buildings with an Industrialized Building Commission (IBC) label.
   (B)   Plan review fees. When submittal documents are required by the Building Official, a plan review fee shall be paid. The plan review fee shall be 65% of the building permit fee. The plan review fees are separate fees from the permit fees and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review, fees shall be charged at a rate shown in Table 1-A, which is on file in the office of the City Clerk. Plan review fees for similar plans falling under Minn. Rules 1300.0160, subd. Part 6, shall be 25% of the building permit fee.
   (C)   Fixed fees.
      (1)   Demolition: $50, plus $1 surcharge.
      (2)   Other maintenance or minor projects as determined by the Building Official: $25, plus $0.50 surcharge.
      (3)   All other permit fees based on valuation (labor and materials) using the fee schedule.
      (4)   M.S. § 326B.153, as it may be amended from time to time: $15 or 5% of the cost of the improvement, installation or replacement, whichever is greater, for the improvement, installation or replacement of a residential fixture or appliance that:
         (a)   Does not require modification to electric or gas service;
         (b)   Has a total cost of $500 or less, excluding the cost of the fixture or appliance; and
         (c)   Is improved, installed or replaced by the homeowner or licensed contractor.
   (D)   Payment of fees. A permit shall not be issued until the fees prescribed by the municipality have been paid.
   (E)   Work commencing before permit issuance. If work for which a permit is required by the Code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee shall be collected and is in addition to the required permit fee and equal to the permit fee.
   (F)   Fee refund. The Building Official may authorize refunding of any fees paid hereunder which were erroneously paid or collected.
   (G)   Building Official. The Building Official may authorize refunding of not more than 80% of the permit fee or plan review fee paid when no work has been done under a permit issued. The Building Official shall not authorize refunding of any fee paid except on written application followed by the original permit fee not later than 180 days after the date of fee payment.
   (H)   Reinspections. A reinspection fee may be assessed for each inspection or reinspection when the portion of work for which inspection is called for is not complete or when corrections called for are not made. To obtain a reinspection, the permit applicant shall pay the reinspection fee in accordance with Table 1-A in the fee schedule adopted by this municipality, which is on file in the office of the City Clerk. In instances where reinspection fees have been assessed, no additional inspections of the work will be performed until the required fees have been paid.
   (I)   Expiration. Every permit issued by the Building Official shall expire by limitation and become null and void if the building or work authorized by the permit is not commenced within 180 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before the work can be recommenced, a new permit shall be first obtained to do so and the fee therefor shall be one-half the amount required for a new permit for the work, excluding plan review fee, provided no changes have been made or will be made in the original plans and specifications for the work. The Building Official may grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
   (J)   Expiration of plan review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after exploration, the applicant shall resubmit plans and pay a new plan review fee. In the event of a hardship and at the discretion of the Building Official, a new plan review fee may be waived.
(Ord. 144, passed 6-2-2008) Penalty, see § 10.99
§ 150.03 PERMITS AND SPECIAL REQUIREMENTS FOR MOVING BUILDINGS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COMBINED MOVING PERMIT. A permit to move a building on both a street and a highway.
      HIGHWAY. A public thoroughfare for vehicular traffic which is a state trunk highway, county state-aid highway or county road.
      HIGHWAY MOVING PERMIT. A permit to move a building on a highway for which a fee is charged which does not include route approval, but does include regulation of activities which do not involve the use of the highway; which activities include, but are not limited to, repairs or alterations to a municipal utility required by reason of the movement.
      MOVING PERMIT. A document allowing the use of a street or highway for the purpose of moving a building.
      STREET. A public thoroughfare for vehicular traffic which is not a state trunk highway, county state-aid highway or county road.
      STREET MOVING PERMIT. A permit to move a building on a street for which a fee is charged which does include route approval, together with use of the street and activities including, but not limited to, repairs or alterations to a municipal utility required by reason of the movement.
   (B)   Application. The application for a moving permit shall state the dimensions, weight and approximate loaded height of the structure or building proposed to be moved, the places from which and to which it is to be moved, the route to be followed, the dates and times of moving and parking, the name and address of the mover, and the municipal utility and public property repairs or alterations that will be required by reason of the movement. In the case of a street moving permit or combined moving permit, the application shall also state the size and weight of the structure or building proposed to be moved and the street alterations or repairs that will be required by reason of the movement. All applications shall be referred to the Public Works Department. All applications for street and combined moving permits shall also be referred to the Police Department and no such permits shall be issued until route approval has been obtained from the Departments.
   (C)   Permit and fee. The moving permit shall state date or dates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the state, except that a permit may be issued to a person moving his or her own building, or a person moving a building which does not exceed 12 feet in width, 25 feet in length or 16 feet in loaded height. Fees to be charged shall be separate for each of the following: a moving permit fee to cover use of streets and route approval; and a fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or alterations occasioned by the movement. All permit fees shall be paid in advance of issuance.
   (D)   Building permit and code compliance. Before any building is moved from one location to another within the city, or from a point of origin without the city to a destination within the city, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the State Building Code.
   (E)   Unlawful acts.
      (1)   It is unlawful for any person to move a building on any street without a moving permit from the city.
      (2)   It is unlawful for any person to move a building on any highway without a highway moving permit from the city.
      (3)   It is unlawful to move any building (including a manufactured home) if the point of origin or destination (or both) is within the city, and regardless of the route of movement, without having paid in full all real and personal property taxes, special assessments and municipal utility charges due on the premises of origin and filing written proof of the payment with the city.
(2003 Code, § 4.04) Penalty, see § 10.99
§ 150.04 SPECIAL REQUIREMENTS IN NEW CONSTRUCTION.
   (A)   Private sewage disposal systems. All buildings for which permits are issued after adoption of this section shall be connected to the city sewerage disposal system unless to do so would require the installation of a lift station.
   (B)   Roof and surface water, sump pumps and other natural precipitation. No water from the roof, surface, sump pump or other natural precipitation shall be discharged into the sanitary sewerage system from a building for which a permit is issued after adoption of this section.
   (C)   Remote registers on water meters. All buildings for which permits are issued after adoption of this section shall have remote registers on water meters.
(2003 Code, § 4.20) Penalty, see § 10.99
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