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City of New Germany Ordinance 81 - Adopting State Building Code

ORDINANCE NO. 81

ADOPTING THE MINNESOTA STATE BUILDING CODE CITY OF NEW GERMANY, MINNESOTA

August 20, 2003

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 NEW GERMANY; 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.

THE CITY COUNCIL OF THE CITY OF NEW GERMANY, CARVER COUNTY, MINNESOTA, ORDAINS AS FOLLOWS:

Section 1. 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 New Germany. Such code is hereby incorporated in this Ordinance as completely as if set out in full.

The Minnesota State Building Code includes the following chapters 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 New Germany may by ordinance 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.

The City of New Germany may by ordinance adopt by reference appendix Chapter K (Grading), of the 2001 Supplements to the International Building Code.

Section 2. APPLICATION, ADMINISTRATION and ENFORCEMENT.

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

B. The code shall be enforced by a Minnesota Certified Building Official designated by the City of New Germany to administer the code pursuant to Minnesota Statutes 16B.65, Subdivisions 1 and 2.

Section 3. PERMITS and FEES.

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

B. Permit fees shall be assessed for work governed by this code by resolution adopted by the City Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes 16B.70.

C. 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 the 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.

D. 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 City Council.

E. Fee refunds may be authorized by the Building Official of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize 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 completed or not.

Section 4. VIOLATIONS and PENALTIES. A violation of the building code is a misdemeanor.

Section 5. PRIOR ORDINANCES REPEALED. All prior ordinances inconsistent with the provisions of this ordinance are repealed.

Section 6. EFFECTIVE DATE OF THIS ORDINANCE. This Ordinance shall be in full force and effect from and after the date of its passage and publication according to law.

Passed and adopted by the City Council of the City of New Germany this 20th day of August, 2003.

Franklin Schoenke, Mayor

ATTEST: Shelly Quaas, Clerk


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