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city or Pequot NEW BUSINESS—STATE BUILDING CODE Agenda Item: 6 (b) Background Information: Through the Thriving Communities Initiative process community feedback received has indicated a need for quality housing in , Pequot Lakes. The City Council has requested the Planning Commission to revisit the adoption of the State Building Code and make a recommendation to the City Council. Kevin Mealhouse, our Regional Building Official with the State, provided the attached "Code Adoption Guide"for your review. Zoning Specialist Bittner contacted Chris Pence, Crow Wing County Land Services Supervisor, regarding County enforcement. The March 10, 2017 email is attached. The following information is included on the Minnesota State Building Code homepage: "The Minnesota State Building Code is the minimum construction standard throughout all of Minnesota including all cities,townships and counties.Although it is not enforceable by municipalities unless it is adopted by local ordinance,this law creates a level playing field for the construction industry by establishing the Minnesota State Building Code as the standard for the construction of all buildings in the state. Following are excerpts of the law contained in 326B.121, subdivisions 1 and 2. Application (1):The state building code is the standard that applies statewide for the construction, reconstruction, alteration, and repair of buildings and other structures of the type governed by the code. The State Building Code supersedes the building code of any municipality.The State Building Code does not apply to agricultural buildings except with respect to state inspections Municipal enforcement (2): (a) If, as of January 1, 2008, a municipality has in effect an ordinance adopting the State Building Code,that municipality must continue to administer and enforce the State Building Code within its jurisdiction.The municipality is prohibited from repealing its ordinance adopting the State Building Code.This paragraph does not apply to municipalities with a population of less than 2,500 according to the last federal census that are located outside of a metropolitan county, as defined in section 473.121, subdivision 4. (b) If a municipality is not required by paragraph (a)to administer and enforce the State Building Code,the municipality may choose to administer and enforce the State Building Code within its jurisdiction by adopting the code Pequot Lakes Staff Report 6(b)-1 April 20,2017