(A) Permit Required; Authority To Issue: No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, convert, or demolish any building or structure in the City or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official. The Building Official shall have the authority to issue permits for the moving, demolition, erecting, enlargement or alteration of all buildings or structures.
(B) Exceptions: Permits shall not be required for minor remodeling or alteration work, provided a record of such work has been filed with and approved by the Building Official, and the construction shall not increase the physical size, create a room, or alter the structural framework of the existing building.
(C) Application For Permit: To obtain a permit, the applicant shall first file an application therefor, in writing, on a form furnished for that purpose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made.
(2) Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.
(3) Indicate the use or occupancy for which the proposed work is intended.
(4) Be accompanied by plans and specifications as required in subsection D of this Section.
(5) State the valuation of the proposed work.
(6) Be signed by the permittee, or his/her authorized agent, who may be required to submit evidence to indicate such authority.
(7) Give such other information as reasonably may be required by the Building Official.
(D) Plans And Specifications:
(1) Plans And Specifications Required; Exceptions:
(a) For a residential building permit application, two sets of full-size plans and two sets of 8 1/2” x 11” plans, and a certificate of survey prepared by a land surveyor showing the building elevations and site drainage conforming to the grading plans for the project, and if there are no drainage plans, a proposed drainage/run-off shall be reflected.
(b) For commercial and industrial permit applications, four sets of full-size plans and specifications and a certificate of survey by a registered land surveyor showing the building elevations and site drainage conforming to the grading plans for the project, and if there are no drainage plans, a proposed drainage/run-off shall be reflected.
(c) When authorized by the Building Official, plans and specifications need not be submitted for minor remodeling or alteration work; provided, that the work which is proposed does not involve work which can affect the safety of either the occupants or the public.
(2) Information On Plans and Specifications: Plans and specifications shall be drawn to scale upon paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the building code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of the building code or other ordinances or laws. Computation, stress diagrams, and other data sufficient to show the correctness of the plans shall be submitted when required by the Building Official.
(3) Retention Of Plans: One set of approved plans, specifications, and computations shall be retained by the Building Official for a period of not less than 90 days from date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept on such building or work at all times during which the work authorized thereby is in progress. Plans submitted for checking for which no permit is issued and on which no action is taken by the applicant for 90 days shall be returned to the last known address of the applicant; to renew action on said plans, a payment of a new plan-check fee shall be required.
(E) Issuance Of Permit:
(1) The application, plans, and specifications filed by an applicant for a permit shall be checked by the Building Official. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of the building code and other pertinent laws and ordinances, and that the fees specified have been paid, he/she shall issue a permit therefor to the applicant.
(2) When the Building Official issues the permit, he/she shall endorse, in writing, or stamp on both sets of plans and specifications “APPROVED”. Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans.
(3) The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the building code. The holder of such permit shall proceed at his/her own risk without assurance that the permit for the entire building or structure will be granted.
(F) Denial Of Permits; Appeals: In any instance where a building permit or a request for a preliminary approval is denied, the applicant shall be entitled to an appeal of the denial. The appeal shall be heard by the City Council sitting as a board of review at any regular or special meeting. The applicant may present any additional information he/she deems pertinent, which shall be considered by the City Council together with the original application and all papers submitted therewith. The City Council, as board of review, shall issue its findings and conclusions within 30 days after such review hearing.
(G) Validity:
(1) The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the building code. No permit presuming to give authority to violate or cancel the provisions of the building code shall be valid, except insofar as the work or use which it authorizes is lawful.
(2) The issuance of a permit based on plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of the building code or of any other ordinance of the City.
(H) Expiration Of Permit:
(1) Every permit issued by the Building Official under the provisions of this Section shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such 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 such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided, further, that such suspension or abandonment has not exceeded one year.
(2) The exterior of any building shall be completed within 180 days of start of construction. No occupancy or use of a structure shall be allowed until the exterior is completed and all necessary inspections conducted. In the case of a demonstrated hardship, the Building Official may allow for an extension of time to complete the exterior. No extension shall exceed 180 days. In order to renew action on such permit after expiration, the permittee shall pay a new full permit fee.
(I) Suspension Or Revocation of Permit: The Building Official may, in writing, suspend or revoke a permit issued under this section whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of this section.
(J) Certificate Of Occupancy:
(1) Certificate Required: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided in the building code.
(2) Issuance Of Certificate; Conditions: After final inspection when it is found that the building or structure complies with the provisions of the building code and an as built survey has been submitted, the Building Official shall issue a certificate of occupancy which shall contain the following:
(a) The building permit number.
(b) The address of the building.
(c) The name and address of the owner.
(d) A description of that portion of the building for which the certificate is issued.
(e) A statement that the described portion of the building complies with the requirements of the building code for group of occupancy in which the proposed occupancy is classified.
(f) The name of the Building Official.
(3) Temporary Certificate: A temporary certificate of occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure and submittal of an as built survey.
(4) Certificate To Be Posted: The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.
(K) Change In Use: Changes in the character or use of a building shall not be made except as specified in the building code.
(L) Inspections: All construction or work for which a permit is required shall be subject to inspection by the Building Official, and certain types of construction shall have continuous inspection by special inspectors, as specified in subsection L (2) of this section.
(1) Inspections Generally:
(a) Lot Survey: A survey of the lot may be required by the Building Official to verify compliance of the structure with approved plans.
(b) Inspection Record Card: Work requiring a building permit shall not be commenced until the permit holder or his/her agent shall have posted an inspection record card in a conspicuous place on the front premises and in such position as to allow the Building Official conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained in such position by the permit holder until the certificate of occupancy has been issued.
(c) Approvals Required: No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in subsection (L)(1)(d) of this section. There shall be a final inspection and approval on all buildings when completed and ready for occupancy.
(d) Required Inspections:
(i) Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the Building Official.
(ii) The Building Official, upon notification from the permit holder or his/her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his/her agent wherein the same fails to comply with the building code:
A. Footings Inspection: To be made after trenches are excavated and forms erected and when all materials for the footings are delivered on the job. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job.
B. Foundation Inspection: To be made after the footings and foundation walls are completed and dampproofed and before backfill material is placed against foundation.
C. Frame Inspection: To be made after the roof, all framing, fireblocking, and bracing are in place and all pipes, chimneys and vents are complete.
D. Insulation Inspection: To be made before sheet rock work commences.
E. Lath and/or Wallboard Inspection: To be made after all lathing and/or wallboard, interior and exterior, is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finished.
F. Final Inspection: To be made after building is completed and ready for occupancy.
(iii) In addition to the called inspections specified above, the Building Official may make or require any other inspections of any construction work to ascertain compliance with the provisions of the building code and other laws which are enforced by the City.
(iv) For the purpose of determining compliance with the building code, the Building Official may cause any structure to be reinspected.
(2) Special Inspections:
(a) Special Inspections Enumerated: In addition to the inspections to be made as specified in subsection (L) of this Section, the owner or his/her agent shall employ a special inspector who shall be present at all times during construction on the following types of work:
(i) Concrete: On concrete work when the design is based on an “f” in excess of 2,000 pounds.
(ii) Masonry: On masonry work which shall have special inspection when required by the Building Official.
(iii) Welding: On all structural welding.
(iv) Reinforced Gypsum Concrete: When cast-in-place reinforced gypsum concrete is being mixed or deposited.
(v) Special Cases: On special construction or work involving unusual hazards or requiring constant inspection.
(b) Exemptions:
(i) The Building Official may waive the requirement for the employment of a special inspector if he/she finds that the construction or work is such that no unusual hazard exists.
(ii) Special inspections required by this Section and elsewhere in the building code shall not be required where the work is done on the premises of a fabricator approved by the Building Official to perform such work without special inspection. The certificate of approval shall be subject to revocation by the Building Official if it is found that any work done pursuant to the approval is in violation of the building code.
(M) Fees.
(1) Building Permit Fees: Building permit fees shall be established by Chapter 34 of this Code. No permit as required by this chapter shall be issued until the fees prescribed by said ordinance have been paid, nor shall an amendment to a permit be approved until the additional fees, if any, due to an increase in the estimated cost of the building or structure have been paid.
(2) Plan Checking Fees:
(a) When a plan check is required, a plan checking fee computed according to the uniform building code shall be charged by the City.
(b) Where plans are incomplete or changed so as to require additional plan checking, or the City incurs costs due to the plan check over the amount specified, an additional plan check fee shall be charged at a rate established by the Building Official.
(c) Plans for all proposed buildings shall be prepared by an architect registered by the state board of architecture, engineering, land surveying landscape architecture, geoscience and interior design as required by Minn. Stat. § 326.02 et seq.
(d) The plan checking fee shall be paid by the applicant to the City prior to issuance of a building permit by the Building Official.
(3) Service Availability Charge: Applicants for building permits for all new residential, commercial or industrial construction within the metropolitan sewer service area shall be required to pay a sewer service availability charge in accordance with a schedule which shall be established by the metropolitan council environmental services from time to time, said charge to be payable at the time of the issuance of a building permit.
(4) Determination Of Value: The determination of value or valuation under any of the provisions of the building code shall be determined by using the most current estimate of construction costs as furnished by the Minnesota state building code division.
(5) Exemptions From Fees: All proposed buildings which shall be wholly owned by a governmental unit or political subdivision shall be exempt from the building permit fees and plan checking fee, provided the designing architect or engineer shall submit evidence to the Building Official to substantiate that the provisions of the ordinance will be and are followed when such provisions are applicable.