3 Special Meeting with City Council - State Building Code

Home Browse Search

1/14/2016 OTHER CODE ADOPTION CONSIDERATIONS INCLUDE: > Application of the building code for county-wide code adoption If a county were to adopt the building code,code application would be applied to all townships and unincorporated cities within the county. Townships may not rescind the State Building Code under this adoption process. Townships or cities within the same county can however, adopt the code themselves in the same manner the county does. Under this scenario,townships and cities would be mandated to enforce the building code with their own staff and/or in the same manner as mandated by the county. Incorporated cities with a population under 2,500 persons are not required to adopt the building code. These cities are specifically exempt from applications of code enforcement by the county in which they are located in—even if the county has already adopted the State Building Code. These less populated/smaller incorporated cities would still have the right to adopt the code if they choose however,and formulate required code administration under their authority. [Minnesota Statutes 326B.121] > Two-mile radius option around a jurisdiction that has adopted the building code Pursuant to Minnesota Statute 326B.121, Subdivision 2,part d, a city may by ordinance, and with permission of the adjacent township board(s),extend the enforcement of the building code to contiguous unincorporated territory not more than two miles distance from its corporate city limit in any direction. Once enforcement authority is extended extraterritorially by ordinance,the authority may continue to be exercised in the designated(2 mile radius)territory even if/when another city less than four miles distant later elects to adopt the code. After the extension,the city may enforce the building code in the designated areas to the same extent as if the property were situated within its corporate city limits. Enforcement of the code by the city outside of its jurisdiction commences on the first day of January in the year following the notice of the public hearing. [Minnesota Statutes 326B.121] > Agricultural building exemptions Buildings meeting the definition of an"agricultural building"as defined in Minnesota Statute 326B.103 Subdivision 3,that are on"agricultural land"as defined in Minnesota Statute 273.13 Subdivision 23, are exempt from certain requirements of the State Building Code. Specifically, Ag buildings meeting this statutory provision are exempt from the requirement of a"building permit." The local authority however,may still require some type of land use or zoning review, but a"building permit"(as would otherwise be required by the State Building Code)is not required. In addition, a"building permit"fee may not be charged or collected. [MS 326B.103,Subdivision 3,MS 326B.121,Subdivision 1,&MN Rule 1300.0120] 15