The following amendments are made to the 2006 International Property Maintenance Code (IPMC):
(A) Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Osseo, hereinafter referred to as "this code."
(B) Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the Minnesota State Building Code (MSBC), established pursuant to M.S. Chapter 326B, as may be amended from time to time, as adopted by the city. Nothing in this code shall be construed to cancel, modify or set aside any provision of the MSBC or the City of Osseo Zoning Code.
(C) Section 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those listed in Chapter 8 of the IPMC, those listed in the MSBC, and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply to the extent permitted by law and regulation.
(D) Section 103.1 General. The City Administrator or their designee is responsible for administering the provisions of this code, and the executive official in charge thereof shall be known as the Code Official.
(E) Section 103.2 Appointment. The Code Official shall be appointed by the City Council of the city.
(F) Section 103.5 Fees. The fees for activities and services performed in carrying out responsibilities under this code shall be in amounts set forth by the City Council.
(G) Section 106.4 Violation penalties. Any violation of a provision of this code, or failure to comply therewith, or failure to comply with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day a violation continues after due notice has been served shall be deemed a separate offense.
(H) Section 106.6 Execution of compliance orders by public authority. Upon failure to comply with a compliance order within the time set therein (and no appeal having been taken), or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate. Such a lien may be levied and collected as a special assessment in the manner provided by M.S. Chapter 429, as may be amended from time to time. It may be levied for any of the reasons set forth in M.S. § 429.101, Subd. 1, as may be amended from time to time, and specifically for the removal or elimination of public health or safety hazards from private property. It is the intent of this section to authorize the city to utilize all of the provisions of M.S. § 429.101, as may be amended from time to time, to promote the public health, safety and general welfare.
(I) Section 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(J) Section 111. Not adopted.
(K) Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than collectable by the city code.
(L) Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the MSBC and the City of Osseo Zoning Code, such terms shall have the meanings ascribed to them in those codes.
(M) Section 202 General definitions.
CODE OFFICIAL. The official charged with the administration and enforcement of this code, or any duly authorized representative.
UNSANITARY. Failure to maintain a property in such a manner that creates a danger or hazard to the health of persons occupying or frequenting it. Conditions caused by deterioration or improper installation, methods or materials of construction, equipment, lighting, heating, ventilation, or plumbing, or from existing conditions related to trash, debris, or moisture that may cause infestation or mold.
(N) Section 302.4 Weeds. Not adopted.
(O) Section 302.7.1 Gates. In accordance with the MSBC, gates required to be self-closing and self-latching shall be maintained such that, when released, they will positively close and latch.
(P) Section 302.8 Motor vehicles. Not adopted.
(Q) Section 302.9 Defacement of property. Not adopted.
(R) Section 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the MSBC or the International Existing Building Code as required for existing buildings:
(1) The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
(2) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
(3) Structures or components thereof that have reached their limit state;
(4) Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
(5) Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
(6) Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
(7) Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
(8) Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
(9) Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
(10) Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(11) Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(12) Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
(13) Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
(14) Exceptions:
(a) When substantiated otherwise by an approved method.
(b) Demolition of unsafe conditions shall be permitted when approved by the Code Official.
(S) Section 304.14 Insect screens. During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch. Every swinging door shall also have a self-closing device in good working condition.
(T) Section 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the MSBC or the International Existing Building Code as required for existing buildings:
(1) The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
(2) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
(3) Structures or components thereof that have reached their limit state;
(4) Structural members are incapable of supporting nominal loads and load effects;
(5) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(6) Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
(7) Exceptions:
(a) When substantiated otherwise by an approved method.
(b) Demolition of unsafe conditions shall be permitted when approved by the Code Official.
(U) Section 403.4 Process ventilation. In accordance with the MSBC and the State Fire Code (SFC), where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at its source. Air shall be exhausted to the exterior and not be re-circulated to any space.
(V) Section 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems, and shall be exhausted in accordance with the manufacturer's instructions and the State Mechanical Code (SMC).
(W) Section 502.3 Hotels. Not adopted.
(X) Section 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order. They shall be kept free from obstructions, leaks and defects, capable of performing the functions for which they were designed. In accordance with the Minnesota State Plumbing Code (MSPC), all plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
(Y) Section 505.1 Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to a public water system. In accordance with the MSPC, all kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with cold and hot or tempered running water.
(Z) Section 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section and the MSBC.
(AA) Section 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F in all habitable rooms, bathrooms and toilet rooms. This is based on the winter outdoor design temperature for the locality indicated in the Minnesota State Energy Code (MSEC). Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
(BB) Section 602.3 Heat supply. During the period from September 15 to May 15, every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68° F in all habitable rooms, bathrooms, and toilet rooms.
EXCEPTION: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity.
(CC) Section 602.4 Occupiable work spaces. When occupied during the period from September 15 to May 15, indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 68° F.
(DD) Section 603.5 Combustion air. In accordance with the Minnesota State Mechanical Code (MSMC), a supply of air shall be provided for complete fuel combustion and for ventilation of the space containing the fuel-burning equipment.
(EE) Section 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section, Section 605 in the IPMC, and the National Electrical Code (NEC) as adopted by the MSBC.
(FF) Section 604.2 Service. In accordance with the NEC, the size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service with a rating of not less than 60 amperes.
(GG) Section 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the NEC and the MSBC.
(HH) Section 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the NEC and the MSBC.
(II) Section 701. Scope. Under the provisions of this chapter, the Minnesota State Fire Code (MSFC) shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
(JJ) Section 702.2 Aisles. In accordance with the MSFC, the required width of aisles shall be unobstructed.
(KK) Section 702.3 Locked doors. All means of egress doors shall be readily capable of being opened from the side from which egress is to be made, without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the MSBC.
(LL) Section 702.4 Emergency escape openings. Required emergency escape and rescue openings shall be operational from the inside of the room, without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings. However, such devices must provide a minimum net clear opening size that complies with the MSBC. They shall also be releasable or removable from the inside, without the use of a key, tool, or force greater than that required for the normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 704 in the IPMC.
(MM) Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the MSBC.
(NN) Section 800. General references. Whenever this code refers to the International Codes, such references shall be deemed to be to the comparable applicable code as adopted by the State of Minnesota. Whenever this code refers to the International Zoning Code, such references shall be deemed to be the City of Osseo Zoning Ordinance.
(Ord. 2009-3, passed 8-24-2009; Am. Ord. 2016-3, passed 3-28-2016; Am. Ord. 2022-02, passed 4-11-2022)