6A - State Building Code Discussion

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COMMON QUESTIONS AND ANSWERS: 1. If we choose to adopt the State Building Code(SBC),how much of a tax burden will this be to the taxpayers of our community? • If the building code is adopted, a building fee schedule must also be developed and adopted. Building permit fees are considered user fees. This means only those that use the process (obtain permits)pay a fee for that service. Building permit fees need to reflect the municipalities associated costs relating to administration and enforcement of the building code, including staffing, transportation,public education, training, tools and equipment, etc. If fees are developed accordingly,there should be no additional tax burden placed on the general fund or the citizens of the community. 2. If we choose to adopt the State Building Code, can we modify the code by making local amendments or changes to it? • No. State law prohibits local amendments to the State Building Code. No changes may be made to the content or application of the State Building Code. 3. If we choose to adopt the State Building Code,can we choose to adopt or enforce only the portions that we like? • No. If the SBC is adopted, it may not be changed or amended in any way, nor can a municipality pick and choose which sections they want to enforce or not enforce. Once the SBC is adopted,the entire code would apply. 4. If we choose to adopt the State Building Code,is there a way for the council/town board or building official to grant waivers to persons grieved by a building code requirement? • No. No person(including the building official)or board or commission may grant variances or waivers of any type to the State Building Code. 5. If we choose to adopt the State Building Code,will we still be able to require each person to submit their respective permit applications to the city council/town board for final approval? • Yes. However, it is only the building official that can review and approve building code requirements and subsequently sign-off on and/or issue building permits. If such an application is construction related only and the work complies with the building code,the building official must issue a building permit. Other building permits may be denied (by the local board or commission) if the proposal does not comply with other local zoning codes or ordinances. 6. If we choose to adopt the State Building Code,will it require everyone to hire a licensed architect or engineer to draw-up construction plans? • No. The State Building Code does not indicate or dictate requirements for when a licensed design professional is required- on any project. It does state that the building official may require a licensed design professional if they believe the proposed work involves complex engineering or special design features. Other state law does indicate when the involvement of licensed design professional is required. Generally,the building official will refer to those other state laws to determine when a licensed design professional must be involved. 17