TITLE 9
BUILDING REGULATIONS
CHAPTER 1
BUILDING CODE
SECTION:
9-1-1: State Building Code
9-1-2: Definitions
9-1-3: Implementation And Enforcement
9-1-4: Permit Requirements
9-1-5: Licensed Building Contractors
9-1-6: Inspections
9-1-1: STATE BUILDING CODE:
   A.   Codes Adopted By Reference: The Minnesota state building code, as adopted by the commissioner of administration pursuant to Minnesota statutes chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota commissioner of administration, through the building codes and standards division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this chapter. The Minnesota state building code is hereby incorporated in this chapter as if fully set out herein.
   B.   Optional Special Fire Suppression Systems Chapter Adopted: The city of Mendota Heights hereby adopts by reference optional chapter 1306.0020 of the 2015 Minnesota state building code, special fire suppression systems, exercising subpart 2. One copy of chapter 1306.0020 is filed for reference and inspection in the office of the city clerk. Every provision contained in said chapter is hereby adopted and made a part of this chapter as if fully set forth herein. (Ord. 413, 7-3-2007; amd. Ord. 547, 11-6-2019)
9-1-2: DEFINITIONS:
The building department of the city is the "code enforcement department", the code enforcement officer appointed by the city council is the "building official administrative authority", and the city council is the "appointing authority" wherever those terms are used in the building code. (1981 Code 502 § 2)
9-1-3: IMPLEMENTATION AND ENFORCEMENT:
   A.   Jurisdiction: The city shall implement and enforce the building code within the territorial limits of the city.
   B.   Enforcement Official: The code enforcement officer appointed by the city council is hereby authorized to carry out the implementation and enforcement of the provisions of the building code and to delegate authority thereunder to any of his subordinates appointed as such by the city council.
   C.   Right Of Entry: Upon presentation of proper credentials, the code enforcement officer or his duly authorized representatives may enter at any reasonable time any building, structure, or premises in the city to perform the duties imposed upon him by the building code.
   D.   Stop Work Orders: Whenever any work is being performed contrary to the provisions of the building code, the code enforcement officer may order the work stopped by written notice served on persons engaged in doing or causing such work to be performed, and such persons shall forthwith stop such work until otherwise authorized by the code enforcement officer.
   E.   Occupancy Violations:
      1.   Whenever any building is being used contrary to the provisions of the building code, the code enforcement officer shall issue notice and order such use discontinued. The notice and order shall:
         a.   Be in writing.
         b.   Describe the location and nature of the violation.
         c.   Establish a reasonable time for the remedy of any violation.
         d.   Be served upon the owner or his agent or the occupant, as the case may require.
      2.   Such notice nay be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is either served upon him personally, or sent by registered mail to his last known address, or if personal service cannot be made or if no address is known, then such service shall be made by posting such notice in a conspicuous place in or about such building. (1981 Code 502 § 2)
   F.   Issuance Of Citations: The city code enforcement officer is hereby authorized to issue citations for violations of or refusal to comply with the provisions of this chapter. (Ord. 251, 12-15-1987)
   G.   Violations; Penalty: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish, equip, use, occupy, or maintain any building or system in the city, except an "agricultural building" as defined in Minnesota statutes section 16B.60, subdivision 6, or cause the same to be done contrary to or in violation of the provisions of the building code. Any person, firm, or corporation who does any act which constitutes a violation of the building code shall, upon conviction thereof, be punishable as provided in section 1-4-1 of this code, plus the costs of prosecution in any case. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (1981 Code 502 § 2; amd. 2003 Code)
9-1-4: PERMIT REQUIREMENTS:
   A.   Permit Required: Except as otherwise expressly stated in the building code, no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city, except an "agricultural building", as that term is defined in Minnesota statutes section 16B.60, subdivision 6, or cause the same to be done without first obtaining an appropriate permit from the code enforcement officer. (1981 Code 502 § 3; amd. 2003 Code)
   B.   Approval Of Plans: All building construction plans submitted with an application for a building permit shall be signed as being approved by a registered architect or engineer. Single- and two-family structures (including detached garages or accessory structures) are excepted from this requirement.
   C.   Investigation Of Applicant; Payment Of Fees; Issuance Of Permit:
      1.   The application, plans and specifications filed in support of a permit shall be reviewed by the code enforcement officer to assure conformance to the requirements of the building code and compliance with other laws and ordinances of the city.
      2.   Upon payment of the permit fee and state surcharge provided therefor, the code enforcement officer shall formally endorse the submitted plans and specifications as "Approved" and shall issue a permit therefor to the applicant.
      3.   Approved plans and specifications shall not be changed, modified, or altered during construction or installation without authorization from the code enforcement officer.
      4.   The code enforcement officer may issue a partial permit for the construction or installation of a part of a building or system before the complete plans and specifications have been submitted; provided, that adequate information and detailed statements have been submitted complying with pertinent requirements of the building code. The issuance of such a partial permit shall not represent unqualified assurance that a permit for the entire building or system will be issued.
      5.   The issuance of a permit shall under no circumstances be construed as a license to violate any of the provisions of the building code. The issuance of a permit based upon erroneous or ambiguous plans and specifications shall not be deemed to constitute approval to violate provisions of the building code or of any other ordinances of the city. (1981 Code 502 § 3)
   D.   Expiration Of Permit:
      1.   Every permit issued by the code enforcement officer under the provisions of the building code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a consecutive period of one hundred eighty (180) days at any time after the work is commenced.
      2.   Building permits issued under the building code for any type of construction in residentially zoned districts within the city shall expire one year after issuance. This time limit may be extended in six (6) month intervals by the city council; provided, that application for such extension of time has been made in writing previous to the expiration of said permit, but in no event shall the permit be effective unless the work covered by the permit is completed within twenty four (24) months of the date on which the original permit was issued.
   E.   Suspension Or Revocation Of Permit: The code enforcement officer may, in writing, suspend or revoke a permit issued under the provisions of the building code whenever the permit is issued in error or on the basis of incorrect information supplied, or in the case of violation of any ordinance or regulation or any of the provisions of the building code. (Ord. 328, 2-2-1999)
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