Laserfiche WebLink
23. If the municipality decides to build a new building or do other construction on an existing <br /> municipal building,will the municipality be required to comply with the building code, <br /> �.- obtain a building permit and pay building permit fees if the code is adopted? <br /> • The municipality may, by board or council resolution, exempt itself from regular building permit <br /> fees on municipal buildings within its jurisdiction. However, a building permit application must be <br /> recorded and a building permit must still be issued. All SBC requirements must also be met and <br /> every required inspection must be completed. The local board/council may not exempt itself from <br /> the code or the codes' requirements. (Note: The required state surcharge fee must still be charged <br /> and paid even if the building permit fee is dismissed by the board/council.) <br /> 24. Can the local town board, city council,administrator, mayor, police or fire chief supercede <br /> the designated building official's building code interpretation or authority for enforcement <br /> action pertaining to the State Building Code? <br /> • No. Only the certified building official - or a certified limited building official - can administer and <br /> enforce the SBC. The certified building official may use others' experience and/or opinions in the <br /> formulation of their interpretation,but it is their responsibility(under their certification)to <br /> administer the provisions of the code. Once the building official renders an opinion [on the code] <br /> no one can supersede that decision. The code does however, allow for an appeals process. <br /> 25. Does the State Building Code provide the building official with the authority to enter an <br /> existing building and require all kinds of building code upgrades? <br /> • The building official may not arbitrarily enter any existing building unless they have proper(legal) <br /> permission. Their primary authority extends to those projects that are legally permitted. Once a <br /> �.. building becomes "existing"there could be elements that become"non-conforming"within a year <br /> or two after occupancy. The SBC recognizes this by allowing existing buildings and their <br /> construction to remain in their original state -under the code that they were built to - as long as <br /> they do not pose a hazard or become dangerous. However,the building official can cause any <br /> building to be re-inspected to determine that it has been maintained. <br /> 26. If the State Building Code were adopted,what would the penalty be for starting construction <br /> without a permit? Can the designated building official write"tickets" for building code <br /> violations? <br /> • The municipality sets the fee schedule relating to SBC administration and enforcement. The fee <br /> schedule may include a penalty fee for starting work without a building permit. Generally, most <br /> jurisdictions set the fee for starting work without a building permit at double that of the regular <br /> price. The building code would allow the building official to write a citation,but to formally do so <br /> under Minnesota law requires that the municipality specifically designate citation-writing authority <br /> by local ordinance. Obviously, licensed peace officers carry this authority, but most jurisdictions <br /> also pass this authority along to the local city/town administrator,planning and/or zoning director, <br /> public works director, building official and fire marshal. <br /> 21 <br />