6A - State Building Code Discussion

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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 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 smaller unincorporated cities would still have the right to adopt the code if they choose and formulate required code administration under their authority. [Minnesota Statutes 16B.62, 1613.72 & 1613.73] ➢ Two-mile radius option around a jurisdiction that has adopted the building code Pursuant to Minnesota Statute 16B.62, a city may by ordinance, and with permission of the township board, extend the enforcement of the building code to contiguous unincorporated territory not more than two miles distance from its corporate limit in any direction. Once enforcement authority is extended extraterritorially by ordinance,the authority may continue to be exercised in the designated territory even though 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 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 16B.62, 16B.72 & 1613.731 ➢ Agricultural building exemptions Buildings meeting the definition of an"agricultural building"as defined in Minnesota Statute 1613.60, Subdivision 5,on"agricultural land"as defined in M.S. 273.13, Subdivision 23, are specifically 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. [M.S. 16B.60 Subdivision 5, 16B.62,273.13 Subdivision 23 & MN Rule 1300.01201 16