6A - State Building Code Discussion

Home Browse Search

Optional Building Code Rule Adoption Considerations: As part of the local adoption process (of the SBC), a municipality also has the choice of adopting any or all of the following o tp ional Minnesota Rule Chapters: ❑ Chapter 1306 - Special Fire Protection Systems; ❑ Chapter 1335 -Floodproofing Regulations,parts 1335.0600 to 1335.1200; or, ❑ Appendix Chapter J- Grading (Part of the 2006 International Building Code-provides for regulations for grading and excavations.) Should any/all of these optional ordinances be adopted by a municipality, they must be adopted and administered without deviation or change. Mandatory Statewide Building Code Rule Application: Seven of the rule chapters identified in the SBC are required to be enforced throughout the State of Minnesota-regardless of whether a local municipality has adopted the SBC - or not. Those seven rule chapters include: ❑ MN Rule 1341,the Minnesota Accessibility Code; ❑ MN Rule 4715,the Minnesota Plumbing Code; ❑ MN Rule 1307,Elevators and Related Devices; ❑ MN Rule 1315,the National Electrical Code; ❑ MN Rule 1350,Manufactured Homes; ❑ MN Rule 1360, Prefabricated Buildings; and, ❑ MN Rule 1361, Industrialized/Modular Buildings. MINNESOTA SBC IS MANDATORY STATEWIDE STANDARD In 2008,the Minnesota Legislature passed legislation that establishes the State Building Code (SBC)as the minimum"construction standard"throughout all of Minnesota,including all cities, all townships, and all counties. The new legislation does not specifically provide for or mandate local enforcement [of the SBC] by a municipality unless adopted by local ordinance. It does,however, create a level playing field for those in the construction industry by establishing the SBC as the standard for construction for all building and construction activity in the state,regardless of local code adoption status. As the statewide"construction standard,"the SBC applies to all new construction,reconstruction, alterations or repairs in Minnesota. The statewide"construction standard"mandate does not affect local SBC adoption or SBC adoption options; moreover, it simply makes the SBC the standard for which all new construction is to be designed and constructed to. As such, construction litigation would be judged by use of the SBC as the minimum standard of requirements for all construction activity in the state. A municipality would still have to adopt the SBC (at the local level)to be directly involved in any administration,regulation,permitting, and/or enforcement of the SBC. For more information on the statewide"SBC Construction Standard,"see MN Statutes 326B.121. 6