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HomeMy WebLinkAbout2016-04 Amending Building Code EDINA ORDINANCE NO. 2016-04 is AN ORDINANCE AMENDING CHAPTER 10 OF THE EDINA CITY CODE CONCERNING BUILDING CODES THE CITY COUNCIL OF EDINA HEREBY ORDAINS: SECTION_.1_: CHAPTER 10 OF EDINA CITY CODE IS HEREBY AMENDED AS FOLLOWS: "ARTICLE 111. - BUILDING CODE DIVISION 1. - GENERALLY Sec. 10-48. -Minnesota State building code adopted by reference. (a)Thei I, reby adepted anEerperated herein by Fefei-ence, as a seEtlen of this CedetI� Munneseta State Building Cede as PFOfflulgated by the state depaFtment ef labef and puFsuant to Minn. Stats. § 326B.10 1 et seq. The Knneseta State Building Code the feliewing ib e apteFs-41 onneSeta Rules: 1300, Ad f the State Building Cede, Z)-'-301,BuildingQ#i .ti�aT-CerR€ic-atien; (3) 1302, Gensvw:tmen ; (4) 1303, Minneseta Prevwsiens of the State BLidding Cede, • , (6) 1305, Adeptien of the 2006 Intemational Building Code; (7)-1307, ElevatOFS and RelatedDeviees, (8) 1309, Adeptien of the 2006 Intematienal Residential Cede; (9) 131 1, Adoption ef the Guidelines fer the Rehabihtatk)n of Existing t+ldi rigs; (10) 13 15, Adeption ef the 2008 Natienal Electrical Code-, 04-j-13rte2, Residential EneFgy Gedei (12) 1323, Commerdal Energy Cede,- 3) 1325, Selar EneFgy Systems; ` 35,€lead eefi tions,, { --43- p+- Beg�1a (IS) 134.1, Minnesota Accessibility Code,; f-{-6}-1-346;-Ad©pt4en-of-the 2-0064nter-nationaf-McEhanlr=aI and €u4-Gas Cedes; (17) 1350, MaiiUfaEtHi-ed Hemes; (18) '360, Prefabrkated B- dings; (19) 1361-;4ndustrwalized/M u4af4ku+ldings; (7 1`�z,)d?13;Minnesota Plumbing-cede: An ordinance adopting the Minnesota State Building Code, This ordinance: Provides for the application, administration, and enforcement of the MinnesotaState Building Code by regulating the erection, • construction, enlargement alteration, repair, moving, removal, demolition, conversion, occupancy, Ordinance No. 2016-04 Page 2 e„Q uipment, use, height, area, and maintenance of all buildings and/or structures in this municCiDal_ity; • provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all other ordinances and_parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the Minnesota State Building Code with the exception of the o tp ional appendix Chapters shall not apply unless specifically adopted. This municipality does ordain as follows: (a) Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes chapter 32613, including all of the amendments rules and regulations established, adopted and up blished from time to time by_the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordnance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. (b) Adoption includes the following, but only the following, listed optional provisions of the state building code except, however those fees shall be as provided in �Ccbon 2-7241. (c) Building Code C7�tional Chapters Minnesota State Bung Code Chapter 1300 allows the Municipal_ittto adopt breference_and_enforce certain optional chapters of the most current edition of the Minnesota 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,The optional provisions which are hereby adopted are as follows: (1) Minnesota Rules 1306.0020, Subp. 2 of the state building code relating to special fire protection systems. (2) Minnesota Rules 1335.0600 to 1335.1200 of the state building code relating to flood proofing. Sec. 10-49. - Building Division Application Administration and Enforcement. The application administration, and enforcement of the code shall be in accordance with Minnesota. State Buildin Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes 32613.121 Subd. 2(d) when so established by this ordinance. The code enforcement agent of this municipality is called the City of Edina. This code shall be enforced by the Minnesota Certified Building Official designated by this Munici al_p____ito administer the code in accordance with Minnesota Statutes 326B.133 Subdivision 1. The er=gan+zat4o -of-the-bu+ldingdepartni,-nt-cif-the-c+t,--and--ergfor-c-emer+t-©€-t4is-ai-tic-l& t4)e-as established by +he-5ta�ild+ng-Bede-,-K * ��� r inn • Sec. 10-50. - Penalty. Ordinance No. 2016-04 Page 3 Any person who violates or fails to comply with any provision of this article shall be subject to the • penalties provided by c cir�.__I=i , and shall also be subject to other penalties and remedies available to the city under the state building code. Secs. 10-51-10-73. - Reserved. DIVISION 2. - FEES AND SURCHARGES Sec. 10-74. – Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality in Section 2-724 of the City Code. In addition a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesonta Statute 326B.148. Permit fees required or authorized by the state building code shall be in the amounts set forth in "1-?24. Sec. 10-75. - Other permit related fees. Re-inspection fees, inspections outside normal business hours, inspections for which no fee is specifically indicated and fees for additional plan review required by loss, changes, additions or revisions to plans shall be in the amounts set forth in Section 2-724. Sec. 10-76. - Investigation fee. If work for which a permit is required by this 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, as authorized by the state building code, part 1300.0 160, Subp. 8, shall be collected, and is in addition to the required permit fees. The investigation fee shall be equal to the permit fee. Sec. 10-77. - Outside consultant fees. Plan review, inspections and/or consultation fees for outside consultants may be collected and shall comprise the actual costs to the city. Sec. 10-78. - General surcharge. In addition to the fees charged pursuant to St c tion,_10-74, each applicant for a permit shall pay a surcharge to the city in the amount set forth in Minn. Stats. § 326B.148 to be remitted to the State Department of Labor and Industry pursuant to Minn. Stats. § 326B.148. Sec. 10-79. -Additional surcharge. • Ordinance No. 2016-04 Page 4 In addition to the fees charged pursuant to sections-)0-74 and _LCA.-_78, each building permit issued for • work that requires a licensed residential building contractor, remodeler, or specialty contractor pursuant to, and as defined in Minn. Stats. §§ 32613.802 and 3268.805, shall pay to the city a surcharge as allowed by Minn. Stats. § 32613.815, and in the amount set forth in.section 2-724. Sec. 10-80. - Organization and enforcement. The organization of the building department of the city, and enforcement of this article, shall be as established by the state building code, part 1300. Sec. 10-81. - Penalty. Any person who violates or fails to comply with any provision of this article shall be subject to the penalties provided by c.c'.;'p'n __-18., and shall also be subject to other penalties and remedies available to the city under the state building code. A violation of the code is a misdemeanor (Minnesota Statutes 326B.082, Subd. 16). " SECTION 2 Effective Date. This ordinance shall be in full force and effect after it adoption and publication according to law. First Reading: April 5, 2016 Second Reading: Waived • Published: April 14, 2016 Attest 0 MJJ4'4v�t' Debra A. Mangen, City Cler -----Tames B. Ffovland, Mayor • AFFIDAVIT OF PUBLICATION CITY OF EDINA are as follows: In addition to the fees charged ORDINANCE NO.2016-04 (1) Minnesota Rules 1306.0020, pursuant to Section 10-74, each STATE OF MINNESOTA )ss AN ORDINANCE AMENDING Subp.2 of the state building code applicant for a permit shall pay a COUNTY M HENNEPIN CHAPTER 10 OF THE EDINA relating to special fire protection surcharge to the city in the amount CITY CODE ADOPTING THE systems. set forth in Minn.Stats.§3266.148 MINNESOTA STATE BUILD- (2) Minnesota Rules 1335.0600 to be remitted to the State Depart- Charlene Vold being duly sworn on an oath, ING CODE.THIS ORDI- to 1335.1200 of the state building ment of Labor and Industry pursu- states or affirms that he/she is the Publisher's NANCE:PROVIDES FOR code relating to flood ant to Minn.Stats.§3266.148. Designated Agent of the newspaper(s)known THE APPLICATION,ADMIN- Sec. 10-49. - Building Division, Sec. 10-79. - Additional sur- ISTRATION,AND ENFORCE- Application,Administration and En- charge. as: MENT OF THE MINNESOTA forcement. In addition to the fees charged STATE BUILDING CODE BY The application, administration, pursuant to sections 10-74 and 10- SC Edina REGULATING THE EREC- and enforcement of the code shall 78,each building permit issued for TION,CONSTRUCTION,EN- be in accordance with Minnesota work that requires a licensed resi- LARGEMENT ALTERATION, State Building Code. The code dential building contractor, remod- with the known office of issue being located REPAIR,MOVING,REMOV- shall be enforced within the extra- eler, or specialty contractor Aur- in the county of: AL,DEMOLITION,CON- territorial limits permitted by Min- suant to, and as defined in Minn. HENNEPIN VERSION,OCCUPANCY, nesota Statutes, 3268.121, Subd. Stats.§§326B.802 and 326B.805, with additional circulation in the counties of: EQUIPMENT,USE,HEIGHT, 2(d), when so established by this shall pay to the city a surcharge HENNEPIN AREA,AND MAINTENANCE ordinance. as allowed by Minn. Stats. § OF ALL BUILDINGS AND/OR The code enforcement agency 326B.815, and in the amount set and has full knowledge of the facts stated STRUCTURES IN THIS MU- of this municipality is called the forth in section 2-724. below: NICIPALITY;PROVIDES FOR City of Edina. This code shall be Sec. 10-80. - Organization and (A)The newspaper has complied with all of THE ISSUANCE OF PER- enforced by the Minnesota Certi- enforcement. MITS AND COLLECTION OF fied Building Official designated by The organization of the building the requirements constituting qualifica- FEES THEREOF;PROVIDES this Municipality to administer the department of the city, and en- tion as a qualified newspaper as provided PENALTIES FOR VIOLATION code in accordance with Minnesota forcement of this article, shall be by Minn. Stat.§331A.02. THEREOF,REPEALS ALL Statutes 3268.133,Subdivision 1. as established by the state building (B)This Public Notice was printed and pub- OTHER ORDINANCES AND Sec.10-50.-Penalty. code,part 1300. PARTS OF ORDINANCES Any person who violates or fails Sec.10-81.-Penalty. lished in said newspaper(s) once each THAT CONFLICT THERE- to comply with any provision of this Any person who violates or fails week, for 1 successive week(s); the first WITH.THIS ORDINANCE article shall be subject to the penal- to comply with any provision of this insertion being on 04/14/2016 and the last SHALL PERPETUALLY ties provided by Section 1-18,and article shall be subject to the pen- insertion being on 04/14/2016. INCLUDE THE MOST CUR- shall also be subject to other penal- alties provided by Section 1-18, RENT EDITION OF THE MIN- ties and remedies available to the and shall also be subject to other NESOTA STATE BUILDING city under the state building code. penalties and remedies available MORTGAGE FORECLOSURE NOTICES CODE WITH THE EXCEP- secs. 10-51-10-73. - Re- to the city under the state building Pursuant to Minnesota Stat. §580.033 TION OF THE OPTIONAL served. code.A violation of the code is a relating to the publication of mortgage APPENDIX CHAPTERS DIVISION 2. -FEES AND SUR- misdemeanor (Minnesota Statutes g pSHALL NOT APPLY UNLESS CHARGES 326B.082,`Subd.16). foreclosure notices: The newspaper complies SPECIFICALLY ADOPTED. Sec.10-74.-Permits and fees. SECTION 2 Effective Date. This with the conditions described in §580.033, THE CITY COUNCIL OF EDINA The issuance of permits and ordinance shall be in full force and subd. 1, clause (1) or(2). If the newspaper's HEREBY ORDAINS: the collection of fees shall be as effect after it adoption and publica- SECTION 1: CHAPTER 10 OF authorized in Minnesota Rules tion according to law. known office of issue is located in a county EDINA CITY CODE IS HEREBY Chapter 1300.Permit fees shall be First Reading:April 5,2016 adjoining the county where the mortgaged AMENDED AS FOLLOWS: assessed for work governed by this Second Reading:Waived premises or some part of the mortgaged "ARTICLE III.-BUILDING CODE code in accordance with the fee Published:April 14,2016 premises described in the notice are located, DIVISION 1.-GENERALLY schedule adopted by the munici- Attest:Debra A.Mangen, Sec. 10-48. -Minnesota State pality in Section 2-724 of the City City Clerk a substantial portion of the newspaper's building code adopted by refer- Code. In addition,a surcharge fee James B.Hovland,Mayor circulation is in the latter county. ence. shall be collected on all permits Published in the (a) Codes adopted by refer- issued for work governed by this Edina Sun Current ence.The Minnesota State Building code in accordance with Minnesota April 14,2016 Code,as adopted by the Commis- Statute 3268.148. 532720 By: sinner of Labor and Industry pursu- Permit fees required or autho- Designated Agent ant to Minnesota Statutes chapter rized by the state building code 3268, including all of the amend- shall be in the amounts set forth in ments, rules and regulations es- Section 2-724. Subscribed and sworn to or affirmed before tablished, adopted and published Sec. 10-75. - Other permit re- me on 04/14/2016 by Charlene Vold. from time to time by the Minnesota lated fees. Commissioner of Labor and Indus- Re-inspection fees, inspections try,through the Building Codes and outside normal business hours,in- Standards Unit,is hereby adopted spections for which no fee is spe- by reference the exception of ii indicated d fees for add optional chapters, unless se- tionallpIan review required byloss, Notary Public cifically adopted in this ordnance. changes, additions or revisions to The Minnesota State Building Code plans shall be in the amounts set is hereby incorporated in this ordi- forth in Section 2-724. nance as if fully set out herein. Sec.10-76.-Investigation fee. (b)Adoption includes the follow- If work for which a permit is re- ing, but only the following, listed quired by this Code has been com- vw. optional provisions of the state menced without first obtaining a .,DARLENE MARIE MACPHERSON building code except, however permit,a special investigation shall those fees shall be as provided in be made before a permit may be Notary Public-Minnesota Section 2-724. issued for the work.An investiga- .Ny4' My commission Expires Jan 31,2019 (c) Building Code Optional tion fee,as authorized by the state Chapters. Minnesota State Build- building code, part 1300.0160, ing Code,Chapter 1300 allows the Subp.8,shall be collected,and is Municipality to adopt by reference in addition to the required permit and enforce certain optional chap- fees.The investigation fee shall be ters of the most current edition of equal to the permit fee. Rate Information: the Minnesota State Building Code. Sec.10-77.-Outside consultant The following optional provisions fees. (1)Lowest classified rate paid by commercial users identified in the most current edi- Plan review, inspections and/ for comparable space: tion of the State Building Code are or consultation fees for outside $34.45 per column inch hereby adopted and incorporated consultants may be collected and as part of the building code for this shall comprise the actual costs to Ad ID 532720 municipality. The optional provi- the city. Bions which are hereby adopted Sec.10-78.-General surcharge.