Bill Text: MN SF1914 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Border cities state building code changes adoption authority
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-25 - Referred to Jobs, Agriculture and Rural Development [SF1914 Detail]
Download: Minnesota-2013-SF1914-Introduced.html
1.2relating to state building code; authorizing border cities to adopt changes to the
1.3code;amending Minnesota Statutes 2012, section 326B.121, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 326B.121, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Municipal enforcement. (a) If, as of January 1, 2008, a municipality
1.8has in effect an ordinance adopting the State Building Code, that municipality must
1.9continue to administer and enforce the State Building Code within its jurisdiction. The
1.10municipality is prohibited from repealing its ordinance adopting the State Building Code.
1.11This paragraph does not apply to municipalities with a population of less than 2,500
1.12according to the last federal census that are located outside of a metropolitan county, as
1.13defined in section473.121, subdivision 4 .
1.14(b) If a municipality is not required by paragraph (a) to administer and enforce the
1.15State Building Code, the municipality may choose to administer and enforce the State
1.16Building Code within its jurisdiction by adopting the code by ordinance.
1.17(c) A municipality must not by ordinance, or through development agreement,
1.18require building code provisions regulating components or systems of any structure that are
1.19different from any provision of the State Building Code. This subdivision does not prohibit
1.20a municipality from enacting or enforcing an ordinance requiring existing components or
1.21systems of any structure to be maintained in a safe and sanitary condition or in good repair,
1.22but not exceeding the standards under which the structure was built, reconstructed, or
1.23altered, or the component or system was installed, unless specific retroactive provisions for
1.24existing buildings have been adopted as part of the State Building Code. A municipality
2.1may, with the approval of the state building official, adopt an ordinance that is more
2.2restrictive than the State Building Code where geological conditions warrant a more
2.3restrictive ordinance. A municipality may appeal the disapproval of a more restrictive
2.4ordinance to the commissioner. An appeal under this subdivision is subject to the schedule,
2.5fee, procedures, cost provisions, and appeal rights set out in section326B.139 .
2.6(d) A city may by ordinance and with permission of the township board extend the
2.7administration and enforcement of the code to contiguous unincorporated territory not more
2.8than two miles distant from its corporate limits in any direction if the code is not already
2.9administered and enforced in the territory. Where two or more noncontiguous cities, which
2.10have elected to administer and enforce the code, have boundaries less than four miles
2.11apart, each is authorized to enforce the code on its side of a line equidistant between them.
2.12Once enforcement authority is extended extraterritorially by ordinance, the authority may
2.13continue to be exercised in the designated territory even though another city less than four
2.14miles distant later elects to enforce the code. After the extension, the city may enforce the
2.15code in the designated area to the same extent as if the property were situated within its
2.16corporate limits. Enforcement of the code in an extended area outside a city's corporate
2.17limits includes all rules, laws, and ordinances associated with administration of the code.
2.18(e) A city cannot commence administration and enforcement of the code outside of
2.19its jurisdiction until it has provided written notice to the commissioner, the county auditor,
2.20and the town clerk of each town in which it intends to administer and enforce the code. A
2.21public hearing on the proposed administration and enforcement must be held not less than
2.2230 days after the notice has been provided. Administration and enforcement of the code
2.23by the city outside of its jurisdiction commences on a date determined by the city that is
2.24no less than 90 days nor more than one year after the public hearing.
2.25(f) A municipality may enforce the State Building Code by any means that are
2.26convenient and lawful, including entering into contracts with other municipalities under
2.27section471.59 and with qualified individuals. The other municipalities or qualified
2.28individuals may be reimbursed by retention or remission of some or all of the building
2.29permit fee collected or by other means. If a municipality has no qualified employees
2.30of the municipality or other municipalities or qualified individuals available to carry
2.31out inspection and enforcement, the commissioner shall train and designate individuals
2.32available to carry out inspection and enforcement. The commissioner may be reimbursed
2.33for the inspection by retention or remission of some or all of the building permit fee
2.34collected or by other means.
3.1(g) Nothing in this subdivision prohibits a municipality from adopting ordinances
3.2relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision
3.3of the State Building Code that regulates components or systems of any structure.
3.4(h) A municipality authorized to establish a border city enterprise zone as defined in
3.5section 469.166 may by ordinance adopt building code provisions that are different from
3.6provisions of the State Building Code for those State Building Code provisions that are
3.7different from those of the applicable building code in an adjacent municipality located in
3.8a bordering state. The municipality shall not adopt a building code provision that is less
3.9restrictive than that of the adjacent municipality.
3.10EFFECTIVE DATE.This section is effective the day following final enactment.
1.3code;amending Minnesota Statutes 2012, section 326B.121, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 326B.121, subdivision 2, is amended to
1.6read:
1.7 Subd. 2. Municipal enforcement. (a) If, as of January 1, 2008, a municipality
1.8has in effect an ordinance adopting the State Building Code, that municipality must
1.9continue to administer and enforce the State Building Code within its jurisdiction. The
1.10municipality is prohibited from repealing its ordinance adopting the State Building Code.
1.11This paragraph does not apply to municipalities with a population of less than 2,500
1.12according to the last federal census that are located outside of a metropolitan county, as
1.13defined in section
1.14(b) If a municipality is not required by paragraph (a) to administer and enforce the
1.15State Building Code, the municipality may choose to administer and enforce the State
1.16Building Code within its jurisdiction by adopting the code by ordinance.
1.17(c) A municipality must not by ordinance, or through development agreement,
1.18require building code provisions regulating components or systems of any structure that are
1.19different from any provision of the State Building Code. This subdivision does not prohibit
1.20a municipality from enacting or enforcing an ordinance requiring existing components or
1.21systems of any structure to be maintained in a safe and sanitary condition or in good repair,
1.22but not exceeding the standards under which the structure was built, reconstructed, or
1.23altered, or the component or system was installed, unless specific retroactive provisions for
1.24existing buildings have been adopted as part of the State Building Code. A municipality
2.1may, with the approval of the state building official, adopt an ordinance that is more
2.2restrictive than the State Building Code where geological conditions warrant a more
2.3restrictive ordinance. A municipality may appeal the disapproval of a more restrictive
2.4ordinance to the commissioner. An appeal under this subdivision is subject to the schedule,
2.5fee, procedures, cost provisions, and appeal rights set out in section
2.6(d) A city may by ordinance and with permission of the township board extend the
2.7administration and enforcement of the code to contiguous unincorporated territory not more
2.8than two miles distant from its corporate limits in any direction if the code is not already
2.9administered and enforced in the territory. Where two or more noncontiguous cities, which
2.10have elected to administer and enforce the code, have boundaries less than four miles
2.11apart, each is authorized to enforce the code on its side of a line equidistant between them.
2.12Once enforcement authority is extended extraterritorially by ordinance, the authority may
2.13continue to be exercised in the designated territory even though another city less than four
2.14miles distant later elects to enforce the code. After the extension, the city may enforce the
2.15code in the designated area to the same extent as if the property were situated within its
2.16corporate limits. Enforcement of the code in an extended area outside a city's corporate
2.17limits includes all rules, laws, and ordinances associated with administration of the code.
2.18(e) A city cannot commence administration and enforcement of the code outside of
2.19its jurisdiction until it has provided written notice to the commissioner, the county auditor,
2.20and the town clerk of each town in which it intends to administer and enforce the code. A
2.21public hearing on the proposed administration and enforcement must be held not less than
2.2230 days after the notice has been provided. Administration and enforcement of the code
2.23by the city outside of its jurisdiction commences on a date determined by the city that is
2.24no less than 90 days nor more than one year after the public hearing.
2.25(f) A municipality may enforce the State Building Code by any means that are
2.26convenient and lawful, including entering into contracts with other municipalities under
2.27section
2.28individuals may be reimbursed by retention or remission of some or all of the building
2.29permit fee collected or by other means. If a municipality has no qualified employees
2.30of the municipality or other municipalities or qualified individuals available to carry
2.31out inspection and enforcement, the commissioner shall train and designate individuals
2.32available to carry out inspection and enforcement. The commissioner may be reimbursed
2.33for the inspection by retention or remission of some or all of the building permit fee
2.34collected or by other means.
3.1(g) Nothing in this subdivision prohibits a municipality from adopting ordinances
3.2relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision
3.3of the State Building Code that regulates components or systems of any structure.
3.4(h) A municipality authorized to establish a border city enterprise zone as defined in
3.5section 469.166 may by ordinance adopt building code provisions that are different from
3.6provisions of the State Building Code for those State Building Code provisions that are
3.7different from those of the applicable building code in an adjacent municipality located in
3.8a bordering state. The municipality shall not adopt a building code provision that is less
3.9restrictive than that of the adjacent municipality.
3.10EFFECTIVE DATE.This section is effective the day following final enactment.
