6A - State Building Code Discussion

Home Browse Search

7. If we choose to adopt the State Building Code,what type of liability will this add to our jurisdiction? �"' • You should contact your local legal council on this for specifics,but generally, as long as the building code is administered and enforced in good faith by the Building Official- and without malice in the discharge of the duties required by the code or other pertinent laws or ordinances -the level of liability should not be affected. If a contract agency is hired to handle building code enforcement in the jurisdiction,that contractor should be required to have and maintain regular insurance for this type of work. 8. If we adopt the State Building Code, how much should we charge for a building permit fee? • Permit fees are to be determined and established by the local municipality. Permit fees must be established so that they cover all costs associated with administration and enforcement the State Building Code -to run a functioning building department. Permit fees can be developed on a "fixed fee"basis and on a construction"value"type of sliding fee schedule and a combination of both. It is important to remember that the fees are being collected as a"fee for service," and as such,they must be commensurate with the services being provided. 9. If we adopt the State Building Code, can "extra" permit fee revenue be used to offset other general fund expenditures or balances in the local budget? • The State Building Code specifically requires that building permit fees be fair, reasonable and proportionate to the actual costs of the services for which the fee is being imposed(MN Rule 1300.0160). Ideally, when a citizen purchases a permit, it is considered a"fee for service" charge that should be set-up to balance out at zero. Building permit applicants should not be charged additional or extra fees to support a municipalities' general fund or other special interest projects undertaken by the municipality. 10. If we adopt the State Building Code, can we use it to regulate building maintenance or nuisance conditions within our community? • The SBC can be used to regulate the abatement of hazardous buildings or structures. The SBC however, contains no provisions for regulating building maintenance or other nuisance conditions. These conditions must be addressed through separate local ordinances and/or zoning controls. Municipalities interested in this type of regulation could also consider adoption of a local building and property maintenance code to deal with problematic conditions of this type. (Also see question #25.) 11. If we adopt the State Building Code, how will it apply to agricultural buildings within our community? • Agricultural buildings on agricultural land(as defined by state statute) are specifically exempt from the requirements of the SBC. A building permit is not required, nor may a building permit fee be charged. 18