3 Special Meeting with City Council - State Building Code

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1/14/2016 23. If the municipality decides to build a new building or do other construction on an existing municipal building,will the municipality be required to comply with the building code, obtain a building permit and pay building permit fees if the code is adopted? • The municipality may, by board or council resolution, exempt itself from regular building permit fees on municipal buildings within its jurisdiction. However, a building permit application must be recorded and a building permit must still be issued. All SBC requirements must also be met and every required inspection must be completed. The local board/council may not exempt itself from the code or the codes' requirements. (Note: The required state surcharge fee must still be charged and paid even if the building permit and/or plan review fee is dismissed by the board/council.) 24. Can the local town board,city council,administrator, mayor, police or fire chief supercede the designated building official's building code interpretation or authority for enforcement action pertaining to the State Building Code? • No. Only the certified building official-or a certified limited building official-can administer and enforce the SBC. The certified building official may use others' experience and/or opinions in the formulation of their interpretation,but it is their responsibility(under their certification)to administer the provisions of the code. Once the building official renders an opinion [on the code] no one can supersede that decision. The code does however, allow for an appeals process. 25. Does the State Building Code provide the building official with the authority to enter an existing building and require of building code upgrades? • The building official may not arbitrarily enter any existing building unless they have proper(legal) permission. Their primary authority extends to those projects that are legally permitted. Once a building becomes"existing"there could be elements that become"non-conforming"within a year or two after occupancy. The SBC recognizes this by allowing existing buildings and their construction to remain in their original state -under the code that they were built to-as long as they do not pose a hazard or become dangerous. However,the building official can cause any building to be re-inspected to determine that it has been maintained. 26. If the State Building Code were adopted,what would the penalty be for starting construction without a permit? Can the designated building official write"tickets"for building code violations? • The municipality sets the fee schedule relating to SBC administration and enforcement. The fee schedule may include a penalty fee for starting work without a building permit. Generally, most jurisdictions set the fee for starting work without a building permit at double that of the regular permit price. The building code would allow the building official to write a citation,but to formally do so under Minnesota law requires that the municipality specifically designate citation- writing authority by local ordinance. Obviously, licensed peace officers carry this authority, but most jurisdictions also pass this authority along to the local city/town administrator, planning and/or zoning director, public works director,building official and fire marshal. 20