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City of Lester Prairie Ordinance 231 - Building Code

ORDINANCE NO. 231

AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE.

THIS ORDINANCE: PROVIDES FOR THE APPLICATION,

ADMINISTRATION, AND

ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY

REGULATING THE ERECTION,

CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION,

CONVERSION, OCCUPANCY,

EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL

BUILDINGS AND/OR STRUCTURES IN THE CITY OF LESTER PRAIRIE,

PROVIDES FOR THE ISSUANCE OF PERMITS, AND COLLECTION OF FEES THEREOF; PROVIDES

PENALTIES FOR VIOLATION

THEREOF; REPEALS ALL

ORDINANCES AND PARTS OF

ORDINANCES THAT CONFLICT THEREWITH.

Section 1. Section 5.4 and all subdivisions thereof the Lester Prairie Municipal Code are hereby expressly repealed, and the following Section 5.4 and subdivisions are hereby adopted:

Section 2. Application, Administration, and Enforcement

The application, administration, and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute, 16B.62, Subdivision 1, when so established by this ordinance.

The code enforcement agency of the City of Lester Prairie is called the Contracted Building Inspections Department of Paul A. Waldron and Associates.

This code shall be enforced by the Minnesota Certified Building Official designated by the City of Lester Prairie to administer the code (Minnesota Statute 16B.65) Subdivision 1.

Section 3. Permits and Fees

The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1.

Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality of Lester Prairie. In addition, a surcharge fee shall be collected on all permits issued for work govemed by this code in accordance with Minnesota Statute 16B.70.

An investigation fee, in addition to the permit fee, shall be collected whenever any work for which a permit is required by this code has been commenced without first obtaining said permit. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

A reinspection fee may be assessed for each reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not readily available, approved plans are not readily available, failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the building official. The fee shall be in accordance with the fee schedule adopted by the jurisdiction.

Fee refunds may be authorized by the Building Official of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorized refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. All plan review fees shall be paid by the applicant whether the project is to be completed or not.

Section 4. Violations and Penalties

A violation of the code is a misdemeanor (Minnesota Statute 16B.69) and Minnesota Rules, Chapter 1300.

Section 5. Building Code

The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for the City of Lester Prairie. The code is hereby incorporated in this ordinance as if fully set out herein.

(A) The Minnesota Building Code includes the following chapter of Minnesota Rules:

1. 1300 - Administration of the Minnesota State Building Code;

2. 1301 - Building Official Certification;

3. 1302 - State Building Construction Approvals;

4. 1303 - Minnesota Provisions;

5. 1305 - Adoption of the 2000 International Building Code;

6. 1307 - Elevators and Related Devices;

7. 1309 - Adoption of the 2000 International Residential Code;

8. 1311 - Adoption of the 2000 Guidelines for the Rehabilitation of Existing Building;

9. 1315 - Adoption of the 2002 National Electrical Code;

10. 1325 - Solar Energy Systems;

11. 1330 - Fallout Shelters;

12. 1341 - Minnesota Accessibility Code;

13. 1346 - Adoption of the Minnesota State Mechanical Code;

14. 1350 - Manufactured Homes;

15. 1360 - Prefabricated Structures;

16. 1361 - Industrialized/Modular Buildings;

17. 1370 - Storm Shelters (Manufactured Home Parks);

18. 4715 - Minnesota Plumbing Code;

19. 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code

(B) The City of Lester Prairie may adopt by reference any or all of the following optional chapters of Minnesota Rules: Chapter 1306 Special Fire Protection Systems; and Chapter 1335 Floodproofing Regulations, parts 1335.0600 to 1336.1200.

(C) The City of Lester Prairie may adopt by reference appendix Chapter K (Grading), of the 2001 Supplements to the International Building Code.

Adopted this 7th day of July, 2003.

By Eric Angvall, Its Mayor

ATTEST: By Marilyn L. Pawelk, Its City Clerk


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