HomeMy WebLinkAbout1995-02 Supplement Old Pages M E M O R A N D U M
TO: EDINA CODE BOOK USERS
FROM: MARCELLA DAEHN, CITY CLERK
SUBJECT: CODE UPDATE
DATE: MARCH 24, 1995
Enclosed are the following updates for your Edina City Code book pursuant to
ordinances adopted by the City Council since the last update of 01/17/95:
SECTION 185 - replace Schedule A page 185-3 with enclosed replacement
page 185-3
SECTION 400 - replace Section 400 with enclosed replacement Section 400
SECTION 410 - replace Section 410 with enclosed replacement Section 410
(Ord. 1995-1 - Amending Sections 400 and 410 of the City Code to Provide
Updates to Minnesota State Building Code (MSBC) and Uniform Building Code
(UBC) and to Adopt Optional Provisions of the MSBC and UBC, and to Amend Fee
Amounts for Building Permits)
SECTION 1000 - replace pages 1000-3 and 1000-4 with enclosed replacement
pages 1000-3 and 1000-4
(To correct spelling of word "cubic" on page 1000-3, Subsection 1000.12,
Subd. 1, line 2)
SECTION 185 - SCHEDULE A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public dance permit $35.00 1
215 215.04 Bingo occasion, gambling $10.00 per permit 5
device, raffle permit
220 220.04 Machine or amusement device 540.00 annually per establishment, 10
license plus $5.00 per machine 11
300 300.02, Redemption of impounded animals $12.00 per day for feeding and care, any veterinarian 15
Subd. 2 services and impounding fee of:
(a) If animal has not been impounded within one year 16
prior to the date of impounding - $30.00.
(b) If animal has been impounded once within the year 17
prior to the date of impounding - $55.00.
(c) If animal has been impounded twice or more within 18
one year prior to the date of impounding - $105.00.
300 300.02, Disposal of animal $15.00 per animal 19
Subd. 3
300 300.03, Dog license $25.00 per dog or $12.00 per neutered dog 20
Subd. 3
300 300:03, Dog license renewal $11.00 per dog or $8.00 per neutered dog 21
Subd. 3
300 300.03, Dog license renewal $25.00 per dog or $12.00 per neutered dog 21a
Subd. 3 (late charge after March 1)
300 300.03, Duplicate dog license tag $6.00 per duplicate tag 22
Subd. 4
300 300.04, Commercial kennel license $55.00 per year 23
Subd. 2
300 300.15 Permit for extra dogs or cats $100.00 24
405 405.01 landscaping, screening, $100.00 25
or erosion control
site plan permit
185 — 2 Eff. 111195
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Building permit If total valuation of work is: Then amount is: 30
Subd, 1 $1.00 to $500.00 * $20.50
$501.00 to $2,000.00 * $20.50 for first $500.00 plus 31
$3.00 for each additional
$100.00 or fraction thereof to
and including $2,000.00
$2,001.00 to $25,000.00 * $65.50 for first $2,000.00 32
plus $9.80 for each additional
$1,000.00 or fraction thereof to
and including $25,000.00
$25,001.00 to $50,000.00 * $290.90 for first $25,000.00 33
plus $7.25 for each additional
$1,000.00 or fraction thereof to
and including $50,000.00
$50,001.00 to $100,000.00 * $472.15 for first $50,000.00 34
plus $5.20 for each additional
$1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 * $732.15 for the first 35
$100,000.00 plus $4.15 for each
additional $1,000.00 or fraction
thereof to and including
$500,000.00
$500,001.00 to $1,000,000.00 * $2392.15 for the first 36
$500,000.00 plus $3.10 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.00
$1,000,001.00 and up * $3942.15 for the first 37
$1,000,000.00 plus $2.05 for
each additional $1,000.00 or
fraction thereof
* plus surcharge pursuant to M.S. 168.70
185 - 3 E££. 1/1/95
City of Edina Buildings, Construction and Signs 400.03
CHAPTER 4 - BUILDINGS, CONSTRUCTION AND SIGNS
Section 400 - Construction Board of Appeals
400.01 Establishment. The Council does hereby establish the Construction Board of
Appeals (the "Board") pursuant to Section 204 of the Uniform Building Code (UBC),
adopted by Section 410 of this Code.
400.02 Powers and Duties. The Board shall:
A. Fulfill duties imposed upon it by Section 204 of the UBC.
B. Consider appeals from any order, requirement, permit, decision, refusal or
determination made by the Building Official or the Sanitarian in the application or
interpretation of this Code regulating (i) construction, alteration, moving or
demolition of buildings, (ii) the construction, installation, alteration or removal of
plumbing, gas piping or equipment, water softening or filtering equipment, (iii) the
installation, alteration or removal of electrical wiring and equipment, or (iv)
excavations under Section 420 of this Code. The Board shall not hear any appeal
from, nor have any jurisdiction over, actions taken by any official of the City under
Section 203 of the UBC or under Section 470 of this Code, or any section of this
Code enforced by means of the procedures set forth in Section 470 of this Code.
C. Study and review new types of materials and methods of construction, and
advise the Building Official and the Council as to the suitability of alternate
materials and types of construction to assist in progressive development of the
provisions of the building, plumbing, heating, gas piping, and electrical codes or
sections of this Code, and to make recommendations relative to the Codes.
D. Study and review from time to time the building, plumbing, heating, gas piping,
and electrical codes or sections of this Code and similar code provisions applicable
in communities surrounding the City and such other codes as may come to their
attention, and recommend to the Council such new legislation as the Board may
deem desirable.
E. Consider matters referred to the Board by the Council or by the Building Official
and make recommendations relative to them.
400.03 Waiver of Requirements. In considering any appeal, the Board, if not prohibited
by State Law, may waive any requirement of any of the Code provisions therein referred
to, but only if the reason for such requirement does not exist because of the unusual use,
location or type of construction of the structure, or if it is demonstrated to the satisfaction
of the Board that the purpose of such requirement is met by other means or methods. The
400 - 1
City of Edina Buildings, Construction and Signs 400.07
Board, in granting any waiver of water or sewer connections required by Section 445 of
this Code, shall also make the findings of hardship and non-detriment required by
Subsection 445.05 of this Code, and shall condition its waiver on delivery to the City of
the agreement required by Subsection 445.05.
400.04 Appeals.
Subd. 1 To Board. Appeals to the Board authorized by Subsection 400.02 shall
be made by filing a written appeal with the Building Official within 30 days of the
date of the order, requirement, permit, decision, refusal or determination being
appealed. The appeal shall fully state the order, requirement, permit, decision,
refusal or determination appealed from, the facts of the matter, the date thereof,
and the mailing address of the appellant. Upon the filing of such appeal, the Board
shall set a hearing date, give notice of the date, hold a hearing, provide for a record
of its proceedings and make its order on the record, all in the same manner as
provided for appeals to the Zoning Board of Appeals as set out in Section 850 of
this Code.
Subd. 2 To Council. Appeals from any order or decision of the Board may be
taken to the Council, and shall be heard and decided by the Council, in the same
manner as appeals from decisions of the Zoning Board of Appeals as set out in
Section 850 of this Code.
400.05 Membership. The Board shall consist of five members who shall be residents of
the City and are qualified by experience and training to pass upon matters pertaining to
building construction. The Building Official shall be an ex-officio member of and shall act
as secretary to the Board, but shall have no vote on any matter before the Board. Members
shall be appointed by the Mayor with the consent of a majority of the Council, shall be
appointed for a term of three years and shall serve until a successor shall have been
appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Board shall serve without
compensation. Board members who discontinue legal residency in the City may be
removed from office by the Mayor with the consent of a majority of the members of the
Council.
400.06 Organization. The Board shall:
A. Elect from its members a Chair.
B. Adopt such reasonable rules and regulations as are necessary and proper to carry
out its powers and duties.
400.07 Meetings. All meetings of the Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise be held pursuant to its rules and regulations. The
minutes of all meetings shall be recorded and a copy shall be transmitted to each member
400 - 2
City of Edina Buildings, Construction and Signs 400.08
of the Council.
400.08 Change of Name. All references in all sections of this Code to the Building
Construction Appeals Board or to the Building Construction Codes Commission shall mean
and refer to the Board of Appeals created by Section 204 of the UBC, and called the
Construction Board of Appeals in this Code.
History. Ord 407 adopted 1-16-80, amended by Ord 407 Al 8-5-81
Cross Reference: Sections 410, 420, 445, 470, 850; Subsections 445.02, 445.05
400 - 3
City of Edina Buildings, Construction and Signs 410.03
Section 410 - Building Code
410.01 State Building Code Adopted. There is hereby adopted and incorporated herein
by reference, as a section of this Code, the Minnesota State Building Code (the "MSBC")
as promulgated by the State Department of Administration pursuant to M.S. 16B.59
through 16B.73, including amendments to the MSBC in effect on July 16, 1990, and
including the following, but only the following, listed optional provisions of the MSBC and
of the 1988 Edition of the Uniform Building Code as promulgated by the International
Conference of Building Officials (the "UBC"), except, however, that fees shall be as
provided in this Section. The optional provisions which are hereby adopted are as follows:
A. Chapter 55 of the Appendix of the UBC relating to Membrane Structures.
B. Chapter 1335 of the MSBC relating to Floodproofing Regulations.
C. Chapter 3808 of the Appendix of the UBC relating to Fire Suppression Systems
as added by Section 1305.6905 of Minnesota Rules, 1991, with selection of item 8
of part (c) of said Chapter.
410.02 Fees and Surcharges.
Subd. 1 Fees. Permit fees required by the MSBC or the UBC shall be in the
amounts set forth in Section 185 of this Code.
Subd. 2 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this
Subsection, each applicant for a permit shall pay a surcharge to the City in the
amount set forth in M.S. 16B.70 to be remitted to the State Department of
Administration pursuant to M.S. 16B.70.
Subd. 3 Additional Surcharge. In addition to the fees charged pursuant to
Subd. 1 and Subd. 2 of this Subsection, each building permit issued for work that
requires a licensed residential building contractor,remodeler, or specialty contractor
pursuant to, and as defined in M.S. 326.83 and 326.84 (Chapter 306, 1991 Session
Laws), shall pay to the City a surcharge as allowed by M.S. 326.86, and in the
amount set forth in Section 185 of this Code.
410.03 Codes on File. One copy of each of the following, each marked "Official Copy',
is on file in the office of the Clerk and shall remain on file for use and examination by the
public:
A. The State Building Code regulations known and identified as Chapters 1300,
1301, 1302, 1305, 1310, 1315, 1325, 1330, 1335, 1340, 1346, 1350, 1355, 1360,
1365, 1370 and 7670 of Minnesota Rules, 1991.
410 - 1
City of Edina Buildings,Construction and Signs 410.05
B. The UBC, with all appendices.
C. The 1990 Edition of the National Electrical Code (NEC) as approved by the
American National Standards Institute (ANSI/NFPA70-1990).
D. The 1987 American National Standard Safety Code for Elevators and Escalators
adopted by the American National Standards Institute and the American Society of
Engineers (ANSI/ASME)A17.1-1987,together with supplement Al 7.1(a)-1988 and
ANSI-A17.3-1986 as published by the American Society of Mechanical Engineers.
E. Chapters 1 to 20 of the 1988 Edition of the Uniform Mechanical Code
promulgated by the International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials, with appendices A,
B and C. j
F. Model Energy Code as set out in Chapter 7670 of Minnesota Rules, 1991, and
the Model Energy Code, 1983 Edition, as published by the Council of American
Building Officials.
G. Minnesota State Plumbing Code as set out in Chapter 4715 of Minnesota Rules,
1991.
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H. Interim Guidelines for Building Occupant Protection from Tornados and Extreme
Winds, TR-83A, January 1980, Sections 1 and 2, published by the Federal
Emergency Management Agency, Washington, D.C.
I. The 1972 Edition of Flood ProofingRegulations: as promulgated by the Office
�
of the Chief Engineer, U.S. Army, Washington, D.C.
410.04 Organization and Enforcement. The organization of the Building Department of
the City, and enforcement of this Section, shall be as established by Chapter 2 of the UBC.
410.05 Penalty. Any person who violates or fails to comply with any provision of this
Section shall be subject to the penalties provided by Subsection 100.09 of this Code, and
shall also be subject to other penalties and remedies available to the City under the MSBC.
History: Ord 410 8-10-88
Reference: M.S. 16B.59 through 16B.73, 16B.70, 326.83, 326.84, 326.86
Cross Reference: Section 185, Subsection 100.09
410 - 2
I
City of Edina Misdemeanors and Nuisances 1000.12
1000.10 Noisy Assembly.
Subd. 1 Noisy Assembly Defined. For purposes of this Subsection, "noisy
assembly" shall mean a gathering of more than one person in a residential area or
building between 10:00 P.M. and 7:00 A.M. that produces noise that unreasonably
disturbs the peace, quiet or repose of a person or persons of normal sensibilities.
Subd. 2 Acts Prohibited. No person shall participate in or remain at a gathering
knowing or having reason to know that the gathering is a noisy assembly. No person
shall knowingly permit a building or any property under such person's care or control
to be used as a location for a noisy assembly.
1000.11 Nudity in Certain Places. No person shall appear in a state of nudity in:
A. Any place or premises licensed as a food establishment pursuant to Section 720
of this Code;
B. Any place or premises licensed to sell beer, wine, or liquor pursuant to Section
900 of this Code;
C. Any place, room, or rooms to which members of the public are admitted which
adjoin and are accessible from places or premises described in paragraph A. or B.
of this subsection except public restrooms as defined in Section 455 of this Code; or
D. Any place, room or rooms where any admission or fee is charged for viewing
persons in s state of nudity.
For purposes hereof, "nudity" means (i) less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above
the top of the areola; or (ii) human male genitals in a discernably turgid state, even if
completely and opaquely covered.
1000.12 Intentional Feeding of Deer.
Subd. 1 Feeding Prohibited. No person shall feed deer within the City. For
purposes of this subdivision, feeding shall mean the provision of one half cubid foot
or more of grain, fruit, vegetables, nuts, hay or other edible material either on the
ground or at a height of less than five feet above the ground, in a manner that
attracts deer. Living food sources such as trees and other live vegetation shall not
be considered as deer feeding.
Subd. 2 Exception. The provisions of Subd. 1 of this subsection shall not apply
to the employees or agents of the City, the County, the State, the Federal
government or veterinarians who in the course of their official duties have deer in
their custody or under their management.
1000-3
City of Edina Misdemeanors and Nuisances 1000.12
History: Ord 1001 codified 1970, amended by 1001 Al 4-22-71, 1001-A2 9-12-74, 1001-A3
6-11-86, 1001-A4 6-14-89;repealed by 1004 2-25-71. Amended by Ord 1993-10; Ord 1993-14.
Cross Reference: Sections 455, 705, 715, 720, 900; Subsection 1230.02
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1000-4