6A - State Building Code Discussion

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STATE SURCHARGE FEES To defray the costs of administering the State Building Code (SBC), a state surcharge fee is imposed on all permits issued by a municipality. The state surcharge fee is remitted to the Construction Codes and Licensing Division(CCLD) and placed in a special revenue account under the direct supervision of the Commissioner of Labor and Industry;the municipality retains a percentage. The CCLD uses this money to meet the statutory obligations set forth by the legislature for administration of the State Building Code. Some of those obligations include: • Adopt the rule chapters that make-up the State Building Code. • Establish and implement a testing and certification program for building code officials • Providing continuing education and training for building code officials, designers,building contractors and others working in the area of building codes • Assist municipalities in adoption and administration of the SBC • Provide plan review, inspection and code administration services on state projects and state licensed facilities in areas of the state where the code has not been adopted • Inspect and administer elevator safety codes for public and private buildings in the state • Administer and enforce Federal and State laws and rules for manufactured homes, IBC Modular Buildings and Prefabricated Structures. • Provide guidance on the application the SBC through regular code consultation • Facilitate the coordination of SBC requirements with other state agency rules and legislative proposals All permit surcharge fees must be remitted to the state by each municipality. In addition, surcharge reports must be filed with the commissioner and directed to the attention of the State Building Official. The state surcharge applies to any permit that authorizes work regulated by the State Building Code. This includes building permits, plumbing permits, mechanical HVAC permits, electrical permits, sewer and water permits, etc. The state surcharge fee would not apply to other types of local municipal permit such as a zoning, land use, engineering, conditional use permits, etc. The local municipality is responsible for overseeing accounting and remittance of state surcharge fees. Surcharge reporting forms and/or necessary computer software may be obtained by contacting the Building Codes and Standards Unit or by accessing the Unit's Website at: http://www.doli.state.mn.us/buildingcodes.html OTHER REGULATIONS Most municipalities also have"other"codes and regulations that impact building projects. For instance, local zoning codes play a big role in the location, design and development of most every project. Zoning regulations are locally adopted rules aimed at regulating the uses in various districts, the size and height of buildings, exterior treatment materials and conditions,the location of buildings on the property,parking requirements, fences, lot sizes, density, etc. Additionally, in some developments,there may also be private restrictive covenants that affect building projects. Restrictive covenants however, are generally private agreements between developers, builders and property owners within a specific development and as a result,they are not enforced by the local municipality. Responsibility for the enforcement of these"other"codes however, is sometimes assigned to the building official because of their regulatory nature. 14