2001-856 CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2001-856
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY
CODE RELATED TO THE STATE BUILDING CODE,
TRUTH IN HOUSING, DEMOLITION AND MOVING OF BUILDINGS,
AND CONTRACTOR LICENSING
The City Council of the City of Hopkins does hereby ordain as follows:
Section 1' The Hopkins City Code, Section 400.03, Subd. 2 is hereby amended to
read as follows:
Subd.2 Adoption by reference. The 1998 edition of the Minnesota State Building
Code, as amended, adopts by reference certain codes, appendices, standards
and supplemental materials, The following codes, appendices, standards and
supplemental materials are adopted by reference and incorporated into this
code as if fully set out at this point:
a) 1997 edition of the Uniform Building Code, identified as "UBC"; Minnesota
Rules Chapter 1305;
b) 1093 1996 edition of the National Electric Code, identified as "NEC",
Minnesota Rules Chapter 1315;
c) Elevators and related devices, Minnesota RUles Chapter 1307; (1999)
d) Minnesota Plumbing Code, Minnesota Rules, Chapter 1355, parts
47i 5.2860; 47i 5.3900-,4i 00;
e) "Flood Proofing Regulations," June 1972, Office of the Chief of Engineers,
U.S. Army; Minnesota Rules, Chapter 1335, parts 1335.0200 to 1335.3100, and
FPR Sections 200.2 to 1405.3.
f) The Uniform Mechanical Code 1991 Edition. Minnesota Rules, Chapter 1346;
g) The Minnesota Energy Code, Minnesota Rules Chapters 7670. 7672. 7674,
7676, and 7679;
Section 2: The Hopkins City Code, Section 400.05 is hereby amended to read as
follows:
1
400.05. Plumbing. Subdivision 1. Administrative authority. For purposes of this
chapter, the term "Administrative Authority" as used in the Minnesota Plumbing
Code herein adopted means the Building Official.
Subd. 2. Permits required. It is unlawful for any person to perform any plumbing
work regulated by this cc, dc the Minnesota Plumbing Code without first having
obtained a permit for each separate building or structure and paid the fees as
set by City Council resolution. Permits required by this section may be issued
only to persons duly licensed by the State of Minnesota and +~" '~*"
,, ,,. ,.,.,~ or, for
plumbing work in existing single family residential dwellings, to the owner of
such existing single family residential dwelling when occupied by the owner.
Exception: Permits are not required in the case of repairs not affectinq
sanitation, such aS mending of leaks in faucets, valves, water supply, or sewer
pipes, repairing broken fixtures or tanks, thawing frozen pipes, the flushing or
clearing of any building sewer or drain or other work which, at the discretion of
the Building Official, does not warrant the issuance of a 'permit.
Subd '~ ' ~ .......... ~"~'~ ~' ............... ~ .......... ~' *~'~' ~'''~i
,-.,- +~-,.-,,-t,-, ~.,-¢ ,.-,I, ,,-~-,1-,;,..,,.-, ,,,,l-t.~-,;,.-, ~,.~ /'";+,, , ,,-,h-,,.-,r, c-, ,,-d.-, ,-~,-,,-,--,-,,~ ir, .I.b-,,-, I~,-,l,'-h-,,- ,',~: ,-,
Subd. 3. Application. To obtain a permit, the applicant shall first file an
application in writing on a form furnished by the City for that purpose. Every
application shall: (a) Identify and describe the work to be covered by the permit
for which application is made; (b) Describe the land upon which the proposed
work is to be done by legal description, street address or similar description that
will readily identify and definitely locate the proposed building or work; (c)
Indicate the use or occupancy for which the proposed work is intended; (d) Be
accompanied by plans, diagrams, computations, and other data as required by
this Section; (e) Be signed by the permittee or his authorized agent, who may
be required to submit evidence to indicate such authority: (f) Give such other
data and information as may be required by the City; and (g) be accompanied
by a fee as set by City Council resolution.
Subd.4. ~ Investigation Fees: Work Without a Permit. If a person
begins any plumbing or utility work for which a permit is required by this
Chapter and has not obtained a permit from the Building Official for such work,
+1-,,--, ,.~,-.,-,-,,-,,.-, t-d,-,,-dl ,A,I',,--,,', ,'-,,I.',~,-,~.,,,,',,','l'h, ~",-.,",,,";~',,"' *-., ,,'-I~ ,",,-,,'mi+ ,.~,",,, ,-4,-,,,I-,h-, 4-N,.-,
, ~,,~ ............. ~ ....... a special investigation shall be made before a permit
may be issued for such work. An investigation fee, in addition to the permit fee,
shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee that would be
required by this section if a permit were to be issued. The paYment of such
inVestigation fee shall not exempt any person from compliance with all other
provisions of the Minnesota Plumbing Code, nor from any penalty prescribed by
law. (Section 400.05 Amended by Ord 2000-838, March 15, 2000)
2
Subd. 5. Plans and Specifications. Plans, engineering calculations, diagrams
and other data shall be submitted in one or more sets with each application for
a permit. Plans must also be submitted to the Minnesota Department of Health
for review when required bY State law or by agreement with the City. The City
may require plans, computations, and specifications to be prepared by and the
plumbing designed by an engineer licensed by the State to practice as such or
by a licensed master plumber when permitted by State law.
Exception: The Building Official may waive the submission of plans.
calculations, or other data if he finds that the nature of the work applied for is
such that review of plans is not necessary to obtain compliance with the
Minnesota Plumbing Code.
Plans and specifications shall be drawn to scale upon substantial paper and
shall be of sufficient clarity to indicate the location, nature, and extent of the
work proposed and show in detail that it will conform to the provisions of the
Minnesota Plumbing Code and relevant laws, ordinances, rules and regulations.
Subd. 6. Permit Issuance. The Building Official shall review the application.
plans and specifications and other data filed by an applicant for a permit. Such
plans may be reviewed by other departments of the City to verify compliance
with applicable laws under their jurisdiction. If the Building Official finds that the
work described in the application for a Permit and the plans, specifications and
other data filed therewith conform to the requirements of the Minnesota
Plumbing 'Code and other pertinent laws and ordinances, and that the fees
specified in subdivision 2 of this section have been paid. he shall issue a permit
therefor to the applicant.
When the Building Official issues a permit where plans are required, he shall
approve the plans and specifications in writing. Such approved plans and
specifications shall not be changed, modified or altered without authorization
from the Building Official and all work shall be done in accordance with the
approved plans. Plans shall be retained by the Building Official as provided in
State law.
The Building Official may issue a permit for the construction of a part of a
plumbing system before the entire plans and specifications for the whole
system have been submitted or approved, provided adequate information and
detailed statements have been filed complying with all pertinent requirements of
the Minnesota Plumbing Code. The holder of such permit may proceed at his
risk without assurance that the permit for the entire building, structure or
plumbing system will be granted.
The issuance of a permit or approval of plans and specifications shall not be
construed to be a permit for, or approval of, any violation of any of the
provisions of the Minnesota Plumbing Code or of any other ordinance of the
City. No permit presuming to give authority to violate or cancel the provisions of
the Minnesota Plumbing Code shall be valid.
3
The issuance of a permit based upon plans, specifications or other data shall
not prevent the Building Official from thereafter requiring the correction of errors
in said plans, specifications and other data or from preventing building
operations being carried on thereunder when in violation of the Minnesota
Plumbing Code or other ordinances of the City.
Subd. 7. Expiration. Every permit issued by the City under the provisions of
this section shall expire by limitation and become null and void if the work
authorized by such permit is not commenced within one hundred eighty (180).
days from the date of such permit, or if the work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a period
of one hundred eighty (180) days. Before such work can be recommenced, a
new permit shall first be obtained to do so, and the fee therefor shall be one-half
(1/2) the amount required for a new permit for such work, provided no chang'es
have been made orwill be made in the original plans and specifications for
such work, and provided further, that such suspension or abandonment has not
exceeded one year.
Any permittee holding an unexpired permit may apply for an extension of he
time within which he may commence work under that permit when he is unable
to commence work within the time required by this section for good and
satisfactory reasons. The Building Official may extend the time for action by the
permittee for a period not exceeding one hundred eighty (180) days upon
written request by the permittee showing that circumstances beyond the control
of the permittee have prevented action from being taken. No permit shall be
extended more than once. In order to renew action on a permit after expiration,
the permittee shall pay a new full permit fee.
Subd. 9. Permit Fees. The fee for each permit shall be as set forth by City
Council resolution.
Subd. 10. Fee Refunds. The Building Official may authorize the refunding of
any fee paid hereunder, which was erroneously paid or collected. The Building
Official may authorize the refunding of not more than eighty percent (80%) 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 the
refunding of any fee paid except upon written application filed by the original
permittee not later than one hundred eighty (180) days after the date of fee
payment.
Section 3: The Hopkins City Code, Section 400.07 is hereby amended to read as
follows:
400.07. Mechanical. Subdivision 1. Permits required. It is unlawful for any
person to perform any work on mechanical systems of a building regulated by
this code without first having obtained a permit and paid the fees set by City
Council resolution. Permits required by this section may be issued only to
4
persons duly licensed as Mechanical Contractors by the City of Hopkins, if a
license is required.
Exception: Permits may be issued for mechanical work in existing 'single family
residential dwellings to the owner of such existing single family residential
dwelling when occupied by the owner.
Section 4: The Hopkins City Code, Section 400,09 is hereby deleted in its entirety:
Section 5: The Hopkins City Code, Section 406.05 is hereby amended to read as
follows:
406.05. Truth in housing disclosure. Subd vision 1. Required. No owner or
agent of the owner shall sell by conveyance or contract for conveyance a single
family, two-family, three or four family dwelling, including condominiums and
townhouses, within the city wibhout providing to t~he buyer, prior to the time of
sale, a Truth-in-Housing Zoning Repo~ as described in Section 406.03, Subd. 9
and a Truth-in-Housing Disclosure Repo~ as described in Section 406.03,
Subd. 8 relating to said dwelling or premises, issued within one (1) year
preceding the time of sale.
Subd. 2. Owner disclosure. The Truth-in-Housing Disclosure Repo~, shall
contain a statement~ signed by the owner as tc acknowledging (a) any damage
to the dwelling or its contents by flooding, ~ (b) any sewer backup duc to
....... ~,. ....... o~ any evidence of chronic water seepage; (c) any
abandoned, unusod, ar uncapped wells: or (d) any discharge of stormwater,
~roundwater, roof runoff, ~ard draina~o, foundation drains, or sump pumps into
the sanitaw sewer of'~'h;~h *h ........ h~ ~ ..... ~ ...... , ...... '~" The Truth
in Housing Disclosure Repo~ is not deemed valid without the aforementioned
si~ned statement~. Fu~her, no owner or a~ent of the ownor shall soil such
dwellin~ without pr~viOin~ to the buyor a statement of the nature, extent and
cause of any water seepage or flooding of anY portion of the property within the
knowledge of the o~vner.
p C r~,,~ ~__.~ r~l
Subd. 4~. Resale of dwellings. A new truth in housing disclosure repo~ shall be
required far each change of ownership or time of sale.
Subd. 8~. Availability of Documents. No person licensed by the State of
Minnesota to sell real estate shall offer for sale by exhibiting or showing any
one, ~o, three or four family dwelling, condominium or townhouse, within the
City without first having obtained the documents as set out in Section 406.05,
Subd. 1 'The repo~ as set out in Section 406.05, Subd. 1, shall be made
available for inspection at the premises for which they pe~ain at all times that
such dwelling is being o~ered for sale.
Subd. ~. Exemptions. The provisions of the Chapter shall not apply to the sale
or conveyance of any single family, ~ two-family, three family, or four family
dwelling to a public body nor to any newly constructed dwelling when title is
transferred to the first owner or fo~ one year from the date of the final ce~ificate
o¢ i~spection or ce~ificate of occupancy.
Subd. ~. Forms. The city shall prepare or authorize the use of form or forms as
it may deem appropriate to constitute a disclosure under section 406.05. The
form shall provide information concerning code requirements applicable to
existing single, two family, three family, four family dwellings, condominiums
and townhouses which, when not complied with, constitute a major structural
defect or an immediate danger to the health and safety of the occupant. The
information provided shall indicate whether the condition meets City
requirements, is below City requirements, or is deemed to be hazardous at the
time and date of the evaluation. In making the evaluation, it shall be assumed
that any concealed facilities and installations that are not viewed are adequate,
based on the functional operations of the facilities and installations and the
condition of the equipment that is viewed. No warranty is expressed or implied.
In completing the form, the evaluator shall be governed by and follow the code
of ethics and guidelines of procedure for evaluators as amended from time to
time by the ~ Cit~ Council. The form shall also include the signed statement
by the owner or agent of the owner as to whether or not there are housing
orders pending regarding the prope~y issued by the DePa~ment of Inspections,
City of Hopkins. The form shall also include a determination whether the
present occupancy is conforming or nonconforming, and shall also show the
present zoning of the dwelling. If nonconforming occupancy is claimed, such
nonconforming use shall be verified by the City Zoning Administrator in writing.
The form shall also require disclosure by the owner of the dwelling's homestead
classification in regard to real estate taxes payable. The owner shall provide a
copy of such writ[en verification to the buyer prior to the closing or finalization of
transfer of ownership or the buyer's signing of any contract for deed. Nothing in
said report shall indicate, or shall be deemed to indicate, that said dwelling
meets all minimum housing standards.
Subd. 87. Certified Evaluator Certificate. No Certified Evaluator Certificate shall
be issued or renewed by the City of Hopkins without application on the
approved form and proof that the applicant has a current unexpired certificate of
competency as issued by the City of Minneapolis or the City of St. Paul. The
applicant shall also show proof of general liability insurance insuring the
applicant with a minimum limit of liability of two hundred fifty thousand dollars
($250,000) general aggregate and per occurrence and errors and omissions
insurance with a minimum limit of liability of two hundred fifty thousand dollars
($250,000) which may include a deductible not exceeding five thousand dollars
($5,000) and the evaluator shall maintain insurance continuously in force
thereafter and no ......................... Certified Evaluator Certificate shall
be deemed to be in effect when such insurance is not in effect. The city shall be
included as a named insured on the insurance required herein at the expense
of the evaluator. The evaluator shall furnish the city with a certificate Of
insurance which meets the city requirements. The applicant shall also pay the
fee as set forth ~'
....... ~,,,.,. I0 by City Council Resolution. No certified evaluator
shall allow their Certified Evaluator Certificate to be used by another person. No
person shall fill out a Truth-in-Housing Disclosure Report on the form prescribed
in Section 406.05, Subd. 7 of this chapterto be used as a disclosure document
as set out in Section 406.05, Subd. I without first obtaining and maintaining a
Certified Evaluator Certificate from the city as provided for in this chapter.
Subd. ~t-312. Mandatory correction of hazardous items. The following Items
when discovered by the evaluator shall be identified as Hazardous and listed in
the Truth-in-Housing Disclosure report.
1. Gas piping remaining after the disconnection of an appliance that has not
been properly plugged or capped.
2. Water heaters and furnaces in a tight, confined space that are not provided
with proper combustion air by an opening or openings in the enclosure. The
open area of the combustion air intake shall not be any less than the area of
the common flue or flues of the appliances within the enclosure.
3. Water heaters and hot water boilers without an operable pressure or
temperature relief valve, or where the drain piping for this valve is either
undersized, or not extended to within 18" of the floor."
4. Gas fired appliances, water heaters, and furnaces not provided with a draft
hood (diverter) or which are exhibiting back spillage of products of
combustion at the draft hood.
7
5. Any free standing space heaters located in bedrooms or bathrooms which
take their combustion air from the room in which they are located.
6. Any heating plant, water heater or other fuel burning equipment that has
missing or visually defective required safety controls.
7. A vent system for any fuel burning appliance that has rust holes, or open
joints.
8. A vent system or fuel burning appliance that visually does not have sufficient
clearance to combustibles such that in the opinion of the evaluator an
imminent fire hazard exists.
S' ,,-.I,-, I,-. h.., .-...-,,-.-I..-,.-.-l-,.,i),-F. ,.-,,-,--,, , ~., ,-,I ,--, .-.I ,.-,h ~,-Y,l-,h.-,.-, .l:;v+~
109. Any room being used as a bcdroom for sleeping purposes that does not
have an approved emergency egress door or window except sleeping rooms
legally constructed without them.
l,,O - Lack of or inoperable kitchen sink. water closet, lavatory, bathtub or shower.
~,\, Lack of smoke detectors as required by State Law. Battery powered detectors
may be used.
~. Any other condition where in the opinion of the evaluator a distinct imminent life
\ threatening hazard to the occupants of the structure exists.
Items marked as hazardous by the certified evaluator shall be corrected
promptly by the owner. The owner shall obtain all necessary permits from the
city building inspector and the premises shall be subject to inspection prior to
sale and occupancy of the dwelling. The buyer, designated in a Purchase
Agreement, may elect to make the cOrrections necessitated by the report of the
evaluator. Such corrections may be undertaken by a buyer only upon the
written consent of the City Housing Inspector and subject to such terms and
conditions as may be required by the Inspection Department.
Such terms shall include but are not limited to a signed agreement on behalf of
the City from the buyer accepting the responsibility of correction of the
hazardous items, reasonable completion dates acceptable to the Inspection
Department and financial evidence of ability to perform the corrections, but in
either event, the property shall remain unoccupied until such violations are
corrected and an inspection conducted by the housing inspector.
Section 6: The Hopkins City Code, Section 406.09 is hereby amended to read as
follows'
406.09. Appeals. A person aggrieved by a truth in housing disclosure.report may appeal
from the action of the evaluator or; ..... +"" *~
.... ~, ....... the Building Official who shall make a
ruling on the appeal. Decisions of the Building Official may be appealed to an appeals
board, appointed by the council and consisting of three members of the city council. The
decision and order of the appeals board shall be binding on all parties.
8
Section 7: The Hopkins City Code, Section 420 is hereby amended to read as
follows:
420.01 n..~,,..+~,.., ,.~., .... + ..... e,,~,,~;,,~,.~,.., I Permit required No person,'
firm or corporation shall,,,,.,,,.,, .............. ,,..,,,,_,,,., ,.,, demolish any building or other
structure in the city without first obtaining a building permit to do so as provided
i thi ""'~"th St B ildi gC d
n s ,.,~,~,.. e ate u n o e ~ ..... ,,,,,u ,~, ~ ..... ,-,,,,,u ,-, ,,-,,,,~ .....
Exceptions: Buildings or structures exempt from permits by the building code
are exempt from permit requirements for demolition.
420.03. Disconnection of water and sewer mains services. Whenever any
building or other structure in the city which is connected to the public sewer or
water mains of the city is permitted or allowed to be,,,,~v,~,~,~ ,,_.,,,,,v.~,~ ~,,~'~
demolished, there shall be paid to the city. ot thc tlmc of prior to the application
for the permit for such,,~,, ,,., v ~,~ ,.,,~'~ demolitio n_~.~,~,~" '~'~, ,~,.~,~,.,, ~ ....... ,, ,,~,~+ disconnection
fees pcr for each water connection and pot each sewer connection as shall be
required by City Council resolution in
'-~' .......... ~-'-'~ '~'~';"~' Disconnection fees shall be collected by the Director
of Public Works and shall represent the expense of the disconnection of the
water main services e~ and sewer main services leading into said building from
the city mains and shall be in addition to any other fees or charges required.
*~'~' "+-~'~'* ..... '~ .... ~' '~ ....... *;~'~ iln all cases the disconnections are to be
performed by the city unless requested and/or approved by the Director of
Public Works. Disconnection of services by persons other than the city shall be
conducted under the supervision of and with the approval of the Director of
Public Works. When disconnections are not conducted by the city,
disconnection fees may be refunded upon satisfactory completion of the work.
The city may withhold all or a part of disconnection fees paid where work is
unsatisfactory and must be completed by the city.
420.04 Reuse of services. When approved by the Director of Public Works
and the Building Official, services need not be disconnected when
redevelopment of the propertY is imminent, the services are proposed to be
reused, the services are in compliance with city ordinances and the State
Building Code, and are found to be in good condition. Imminent redevelopment
means that plans for redevelopment and an application for a building permit
have been received by the city. Disconnection fees for services that are reused
may be refunded upon completion of the new building or structure or earlier at
the discretion of the city.
420.05 Method of disconnection. The method of disconnection is subject to
approval by the Director of Public Works. Water services must be disconnected
by removing the service from the building to the city main unless otherwise
approved by the Director of Public Works. Sewer services must be
disconnected by removing the service to the property line, curb line,, or the city
main and by sealing the sewer at the point of disconnection by a means
acceptable to the Director of Public Works.
420.06 Original premises. The permittee shall remove all construction materials
and fill all excavations to existing grade so that the premises are left in a safe
and sanitary condition. Proper site drainage and final landscaping shall be in
accordance with a plan approved by the Director of Public Works. All
foundations, footings, piers, or other building supports shall be removed unless
approved by the City and permitted by State law. All wells must be sealed in
accordance with state law. If the permittee fails to comply with this section, the
city may proceed to do the work necessary to restore the premises to a safe
and sanitary condition and the cost shall be assessed against the property.
Section 8: The Hopkins City Code, Section 425 is hereby amended to read as
follows:
425.01. Definitions. Subdivision 1. For purposes of this section the terms
defined in this subsection have the meaning given them.
Subd. 2. "Building" means a structure designed, built or occupied as a shelter
and roofed enclosure for persons, animals or property, and used or intended to
be used for residential, business, mercantile, storage, commercial, industrial,
residential assembly, educational or recreational, or any other purposes.
425.03. License. Subdivision 1. General rule. No ~ ............................
,,..-,1..',,.'-, ~' ~1,4 , ~r-'. ,-,,.-,,, ~,,;h-I;,.-,,--, ~A~;+I-,;,..., ~-I~,-., I1:-.~;.1-,--. ,...,.¢ .I.k~-, ,",iH, ~A,;+I,',,-., ,';' .--, I;,',,"',~',e',"'. ;,".e',
u~,~,,,h; .... ,;~,~, No person shall move, remove, raise, or hold up any
building within the city without a building movers license issued by the
Commissioner of the Minnesota Department of Transportation when required by
state law.
10
,-,+ b-,,-,,-,+ ~n nnn ,.,,,..,,,; .... I --,Kill+,, mi.-,,-., n,..,I; .... k,-,ll ..... 14,-, .FK,.-.+ ;.1- ~-~..:.-,,/ n,.-.d- k,'",
..... b-,,q k,, +~,-, ; ............ + ....... +;,-,,-, +,-, +~,.-, ,-.;+,,
,..,~ ,,..,,...,,,...,.., ,..,.y ~, ,,.. , ,,..~u~ ,..,, '-'""'-"-'1-"- ul-.'u' ' ' ,vu,..,,., ~u ,.~ ,,.., ,..,,..y. ,,, CC, SO ,.,,...,, ,,..,.,,,~,,.,,,
S, ,,.-,1,-, the., .~-,.-,,..-,,,.,,.--. .1-1.-,,--, I;,-.,-,,-,~.,-, ~,I~.-.,11 K,-, e.~
h...,,.,, ,,-,,-:,-,,.-.,..,, h,--.e- k ,-, ,-, ,..-, :.-,'-,,-',1,-,,.'-,-,,.-.I
/l"'J~ n'7 I:~ ,-., ,.-, ,-.I Kl,.-, ][ .... nh~ll bO .... 4.,.,,4 , ,tm.l. il .l-l-, .... H,-.,......-,-I. r,. .... I,-.I,..,,.]
· ,v,.,, ,o0 o, ,~,, ~, ~,, ~'-"-'
K,-,,-,4 ;,-, +K,-, ,-., ,~-, ,-,t: ~o nnn ,,,[+K ,-,,-,,-,4 ,-,,-,4 ~-,,-~b-.l,-,,-,+ ,-.,,,-.,+h-,,-- +,-, K,-, .-,,-,,-,,-,.-,,,,-,4
,-, ,.., e, i ,.-, ,,, ,-. k h.-,
/iO~ -1 ,1 D ...... 4-b..-,n ,.-,¢ H ..... I I .........
I~',,, suc h
wot(
manner
,-.,-., ,n,-ql mm,, :-r',~,,-,l,.,-. {'h,-, li,l.,-.,'~e-,'',
4'~5iU'1~ Permits ~" :h,-4h,ie.b-.n:'I ~ ..... I
~','",m.,',:;,"', ,"m;~,'", ,",,' h,.-,l,-t , In ~}1 hi ,;I,4;n,'., ,:,;+kin
obt ....... u a ~ ......................... u ......... No person sha[i move a buildin9 on
or across city streets or alleys until they have obtained a permit to do so from
the Director of Public Works. Only those streets designated for such use by the
Director of Public Works may be used to move any building or structure.
Designation of these streets shall be done by the Director of Public Works on a
case by case basis for each permit application.
Exception: Permits are not required for movinq residential accessow structures
where the floor area does not exceed 120 square feet.
C~I Ihd 0 I~l ,I",H," :,,,'"',:,e' Ixl,', I;,..,,.-.,,...,~-,,.-,,4 ,-,,--.,,-,..,,--.~, e.,h-.,ll m,-,,..,~,,-, ,-,~,~ k, ,;I,41~.,,-,, ,-,~,,.-,~- ,":Inn,'",
from m,-, ~,, ,:,.~m....~;..;~,
425.'I 5. Application. Subdivision '1. Procedure. A person requesting issuance of
a permit to move a building on or across city streets or alleys shall file an
application with tho ~''
........ u ........ Director of Public Works.
11
Subd. 2. Contents. The application shall set forth:
a) a description of the building proposed to be moved, "~'""~' "*~'"* .... ~'"'
loaded width, loaded height, and approximate loaded weight and, for buildings
moved out of the city, a written statement from a structural engineer attesting to
the structural stability of the building;
b) the street address and a legal description of the premises from which the
building is to be moved;
c) the street address and a legal description of the premises to which it is
proposed such building be moved, if located in the city;
I ,.-.. ,-, ,..-, ~- ,-, ,..,I in ~-I-~,,-~
................. .~ a site plan indicating the times and locations where the
building may be parked on city streets, if proposed;
e) the highways, streets and alleys over, along or across which the building is
proposed to be moved; and
f) proposed moving date and hours.
Subd. 3. Required Notification. The permitee shall notify the Director of Public
Works in writing of any desired changes in routes to be used, moving dates and
hours proposed in the application or of any and all damages done to property
belonging to the city within 24 hours after the damage has occurred.
Subd. 4. Fee. The application shall be accompanied by +~',, ,,. ..... ~,,.,,,,,,~+ _~ ~ fee set by
City C il I ti ,-., ....... .m,-.~..,-,, ...... .F~'"*"~ by +~'" ~''';,~;'''''' ,-.m,-.~-,~
ounc reso u on ~, ....o ........ ,, o,,,,,, cs ~o,,,,,~,,.,~ ,,,,. ~,~,,,,,,,~ ....... ,
~"'"'~;""; ........ '~ *" ~' ...... '~ which shall be based on the anticipated cost
to the city of police or other escorts, supervisory, and administrative costs, and
repairs to any city property that may be damaged as a result of the building or
structure being moved. Any costs to the city associated with moving a building
through the city shall be paid to the city in advance of the move.
12
425.21. Building o~icial: duties. Subdivision 1 Permits and-Inspections. ~hen ~
building is proposod to be moved into the city, ~he building official shall inspect
the buildin~ at its location prior to moving, ~ *~ .... ,~m,~ .... ~ .... . m
if the building meets applicable building code requirements or, if it does not.
which corrections are nocessa~ to bdn~ tho buildin~ into compliance with the
State Buildin~ Code and any other app~[cabb rulos. Tho applicant is
responsible for an~ costs associated with inspection of a buildin~ to be moved
into tho city that is Iocatod outside of the city. Costs for inspections must be
paid to the dtv pdor to the inspection and will bo based on rates established by
City Council resolution Once the building official has determined that the
buildinq complies, or can be made to comply, with the State Building Code and
any other applicable rules, and the applicant has provided plans, specifications.
and any other information necessary to show compliance with the state building
code and any other applicable rules, and a Cost estimate for the repairs and any
other improvements to be made to the property as a part of the building beinq
moved along with evidence of any bond and insurance requirements as
provided in this section are provided, the building official shall issue a building
permit as provided in the State Building Code.
13
its .......
Subd. 2. Performance Bond. The application for a building permit to move a
building into or out of the city shall be accompanied by a performance surety
bond in the amount to be fixed by the building official, but not less than $5000,
which bond shall be signed and executed by the owner of the premises to which
such building is proposed to be moved, or moved from in the case of buildings
moved out of the city, which bond shall guarantee the performance of all of the
conditions of the permits and this section.
4o= oo = ..... a '~ .... ;*~' Subdivision -1-3. Fees and Deposits. The building
official shall receive from the owner or the owner's agent all building permit
fees, ,~,.~, ..... , an the pe rmance bonds ""'~
Subd. 24._ Return upon non-issuance, t t~,,~ j~i'~.~, , ..... C , '~.~, ~.i~.~..~,~l~ .... I ~ ;,~ ......... ~ ~i illin;* !f a
permit is denied, the building official shall return ~ the bond to the .applicant
14
425.27. Duties 0f permittee ............. I. ~o~, .... u ..................
apphc .......
.... ;+;~ ~ ...... a all, ~aama~c ~ + ......~,, ~,~;~ +~ +~ ~;, ..... ;+~;~~°~
Subd. 61._ Compliance with law. The permittee shall comply with tho ~,,~,, ~' ';'~;~,u
¢~ *~ .... ; .... a~ ~"~ all ~*h~ ppli ity
.... , ........... u .............. a cable c , state, and federal
regulations and laws ~ when movin~ or relocatin~ t~c ~ buildin~ in o~
through the city.
Subd. ¢2. Oricnal promises. The permittee shall remove all rubbish and
materials and fill all excavations to existin~ ~rade at the oricnal buil0in~ site,
when located in tho city, so that the premises are Io~ in a safe and sanita~
condition. All wells must bo sealed in accordance with state law. All
foundations, footings, piers, or other buildinq suppo~s shall be removed unless
approved by the Cit~ and pormittod by State law. If the pormi~oo fails to
comply with this soction, the city may proceed to do the work necessa~ to
restore the premisos to a safe and sanita~ condition and the cost shall be
assessed a~ainst the prope~y.
15
Subd. 3. (a) Disconnection of water and sewer services. Whenever any buildinq
or other structure in the city which is connected to the public sewer or water
mains of the city is permitted 'or allowed to be moved or removed, there shall be
paid to the city, prior to the application for the permit for such removal,
disconnection fees for each water connection and each sewer connection as
shall be required by City Council resolution. Disconnection fees shall be
collected by the .Director of Public Works and shall represent the expense of the
disconnection of the water services and sewer services leading into said
· building from the city mains and shall be in addition to- any other fees or charges
required. In all cases the disconnections are to be performed by the city unless
requested and/or approved by the Director of Public Works. Disconnection of
services by persons other than the city shall be conducted under the
supervision of and with the approval of the Director of Public Works. When
disconnections are not conducted by the city, disconnection fees may be
refunded upon satisfactory completion of the work. The city may withhold all or
a part of disconnection fees paid where work is unsatisfactory and must be
completed by the city.
(b) Reuse of services. When approved by the Director of Public Works and the
Building Official, services need not be disconnected when redevelopment of the
property is imminent, the services are proposed to be reused, the services are
in compliance with city ordinances and the State Building Code, and are found
to be in good condition. Imminent redevelopment means that plans for
redevelopment and an application for a buildingF,.,,m~rm;t,,,, have been r,.c,.,~,.d by
the city. Disconnection f_ees for services that are reused may be refunded upon
completion of the new building or structure or earlier at the discretion of the city.
(c) Method of disconnection. The method of disconnection is subject to
approval by the Director of Public Works. Water services must be disconnected
by removing the service from the building to the city main unless otherwise
approved by the Director of Public Works. Sewer services must be
disconnected by removing the service to the property line, curb line, or the city
main and by sealing the sewer at the point of disconnection by a means
acceptable to the Director of Public Works.
Subd. 94. Painting. The permittee shall reside or paint or cause to be painted all
exterior walls, doors and door frames, window frames as well as screen and
storm windows of the building moved, unless waived by the building official.
16
Subd. -1-1-5. Roofing. The permittee shall install or cause to be installed, new
roofing on such building unless such new roofing is waived by the building
official.
Subd.-t-26. Drainage, Erosion Control, and Grading. The permittee shall
construct and provide all necessary and properdrainage and erosion control for
the premises on to which such building is moved or moved from., such drainage
to be installed and constructed according to plans to be submitted by the owner
and approved by the,~,,,,~,, ~' ,;~,4 n..,,.,,~ ,.,,,,,,,,.,"'~;'"m ~ ,.,,"~',4,~, the ~., ,~,, ,~.,..,'-'"'"'; .... Director of Public Works.
Erosion control measures shall be in accordance with all city and watershed
standards for all properties affected by the moving of the building;
17
425.31. Enforcement. SubdMsicn I. Expense above deposit. The' permittee is
liable for any expense, damage or costs in excess of the deposited amounts or
securities. The city attorney may prosecute an action against the permittee in a
court of competent jurisdiction for the recovery of such amounts.
Section 9: The Hopkins City Code, Section 440 is hereby amended to read as
follows:
440.01. Building contractors. Subdivision 1 Definition. ^ k,,.~; ..... *...~-~
..... +~- .... ~-'*'-"~ '-'-;" ....... ';;""+;"'"'~' Buildin contractor is a person, sole
proprietor, partnership, joint venture, corporation, or other organization which is
in the business of building, erecting, constructing, remodeling adding to,
18
improving, repairing, or demolishing real estate or of contracting or offering to
contract with an owner to build, erect, construct, remodel, add to, improve,
repair, or demolish real estate. Building contractor does not include trades such
as masonry, carpentry, excavation, paving, gypsum board installation, stucco
work, or other related skills when working as a subcontractor under a building
contractor. For building .movers, see section 425.
Subd. 2. License required. Except as otherwise provided in this section, every
building contractor shall r,,,,;,.,
-,-u ........... apply for and obtain a license from the city
A, ,;Ir4;,--,~ ;~-,,-.,-,,-,,.-,-F,~
........ u .... ~, ..... building official for the performanoe of any work or
improvement for which a citybuilding permit is required and shall pay the
required fee established by resolution of the City Council. Licenses may be
issued for a calendar year which shall expire on December 31st of each year or
a contractor may choose to. be licensed for an individual permit, which license
will be applicable to that specific permit only. No building permits may be
issued to a buildihg contractor who is not a licensed building contractor.
Exception: Contractors required to be licensed by the State of Minnesota as a
residential building contractor, residential remodeler, or a residential roofer and
engaging in work for which they are licensed are exempt from obtaininq a city
license. A state-licensed contractor must provide a copy of the state license to
the City to obtain a building permit.
Subd. 4. Contractor's liability. The license shall permit or allow the holder
thereof to furnish and perform any part or all of the work, labor and materials
required in the building contract, including the work and requirements set forth
in any subcontracts .....4 ~,....A .... A .., ,A,....,,....-,... ~A.~,, ~ ..... ,;;;...~ .... .~
,.,~, ............ ;.~.~ k,, ~,~,~, .... Th .,..,;..-.. ; .. ,4 .. ~. ,. ,. ,~ ,. ~ , b ildi g
............. .~ ...... ~ .......... e,,,.,,, ....... ~. ........ u n contractor
shall be and remain responsible for all of the work required and performed.
Subd. 5. License application. A license may be issued to a building contractor
by the building;
.... ~ ..... official upon written application thorcfor on forms
by ity ,,,A;,-A
provided the c ................ .~ ................. ~, ............ ~,~. ........
,-,,, ,,-.,I;-fi,-,,.-,+;,-~.-,~-. ,-,,-,,-I ,,,,k;,.-A ~,A,-~II ,--,-,,..,;-,-,;~-, A,,~. ~,k,-dl ~,-,~ A,'* I;,.-,,-,;;.,.-,,-.I +,-,;-Un ;~..,.¢,.-,,-,-,-,,..,-I-;,-,~.-,
..... ;...,~ k,,*A; .... ~'"'""*;"" The application shall be accompanied by proof of
the following:
19
1) Workers compensation insurance owned and maintained by Jicensee
2) Proof by proper certificate or insurance contract that such contractor er
subcontractor maintains public liability insurance in the amount of not less than
$100,000.00 per person and $300,000.00 per accident for bodily injury and
$5,000.00 for any property damage liability.
Subd. 6 Owner rights and responsibility An
o~,, ,,., ,-, ,~ ..... ,~..., ... owner a ,...,,,,, ...... ,
or ;"~' ,,-,.i.~.;,..,i ,,-,~-,**,,-,,,*,v-I-,,
........... ~,,~,~.,.., ,~ any building is not required to obtain a contractor's license
under this section in order to personally perform any general construction work
not involving plumbing, mechanical, gas fitting, electrical, or fire suppression
systems, when such work is in connection with the owner's building or
appurtenance, including the right of the owner to engage the services of any
aids helpers if*~' .... ~ .... ¢ .... * .... ,~... ;.. ~.,..,. +~.,., ¢o nnr~ an ¢ .........
F,.,j ..... ,~ .............. ~ .... ~,,. ~ .... The work must be in com ance with
all relevant codes and the required permits must be obtained. The owner is
responsible and liable for any losses or liabilities which that may arise or be
caused by such construction or by the violation of any requirements under
applicable statutes and provisions of this code. (Amended Ord. #91-702)
Subd. 7. Building Permit Surcharge. A surcharge shall be placed on each
building permit issued to a licensed contractor to cover the cost of license
verification. The amount of the surcharge shall be established by resolution of
the City Council. (Added Ord. #91-702)
2O
440.03 Mechanical Contractors. Subdivision 1. License required. No person,
firm or corporation shall engage in any work related to the mechanical systems
of a building when regulated by the Minnesota State Mechanical Code unless
they are licensed by the city as a mechanical contractor and have paid a license
fee as established by resolution of the city council. Licenses may be issued for
a calendar year which shall expire on December 31st of each year or a
contractor may choose to be licensed for an individual permit, which license
shall be applicable to that specific permit only. No mechanical permits may be
issued to a mechanical contractor who is not a licensed mechanical contractor.
1)
2)
3)
Exception: A license is not required for a person conducting mechanical work
in existing single family residential dwellinqs when they are the owner and
occupant of such existing single family residential dwelling or when holding a
valid state license and engaged in work governed by that license.
Subd. 2. Contractors liability. The license shall permit or allow the holder of the
license to furnish and perform any part or all of the work. labor and materials
regulated by the Minnesota State Mechanical Code. The mechanical contractor
shall be and remain responsible for all mechanical work required and
performed.
Subd. 3. License application. A license may be issued to a mechanical
contractor by the building official upon written application on forms provided by
the city. The application shall be accompanied by proof of the following:
Workers compensation insurance owned and maintained by the licensee.
Proof by proper certificate or insurance contract that such contractor
maintains public liability insurance in the amount of not less than $100,000.00
per person and $300,000.00 per accident for bodily injury and $5,000.00 for any
property damage liability.
A statement of the experience and ability in mechanical work including
such references as the city may from time to time require. Evidence of
qualifications may include a similar license issued by a city, county, or agency
of the State of Minnesota.
Subd. 4. License approval. The license application shall be reviewed by the
Building Official for conformance With the provisions of this section. If in the
opinion of the Building Official the applicant has insufficient or inadequate
21
experience sufficient t° safeguard the public when engaging in mechanical
installations, the license apPlication shall be denied.
440.05. Plumbers. Subdivision 1. License required.,.,.M" person o,"~'"",.,, ...., ......., ~ ~,,, *~'~',, ,,..
pipes '*'.F 4.'"" "<+ ...... ~'; .......... ,.~....,~a;,,.; ...... t4.,.,,...,.,.; .... , ..... ;,-,,, ,,-,,.-,
~.,~,.~..,,~4 ..... ~ .........F +~,~, ~.4..~+,*, ,; ....... ~ ..... ;.~,a ~,~,,.a Any person
firm, or corporation engaging in the installation of plumbing as defined in the
State Buildinq Code or installing plumbing in connection with the dealing in and
selling of plumbing material and supplies must be licensed by the State
Commissioner of Health as a master plumber. Anyone desirinq to engage in
plumbing in the City must provide a copy of the state license and bond as a
condition of obtaining a plumbing permit. Anyone not so licensed may do
plumbing work which complies with the provisions of the minimum standards of
the State Commissioner of Health on premises or that part of premises owned
and actually occupied by that person as a residence.
WOrl~ ..... ;,4 ........ .,,.;,.,,.....,,.~ .... ~ ,,-~ .......... [~,..4- ..... .F ..... 4. .... .F.*-,,-~ +,-,
,~, c., ,,-.K ~,n.-I. ,A,;+~-~,-,, ,4. ;4.~-. K,-.lnn H, ,h, ;n~-.n,-,,-.+,'.,-I
440.07 Appeal. Subdivision ~. Any person aggrieved by the action of the
Building [ ..... *"" Official in the denial of a
~,~. ...... '--license as provided in
Section 440 may appeal to the City Council. Such appeal shall be taken by
filing with the Council within fourteen (I 4) days after notice of the action
22
complained of, a written statement setting forth fully the grounds for the appeal.
The Council shall set a time and place for hearing on such appeal, and notice of
such hearing shall be given to the appellant in the manner as provided in
Section 440.07, Subdivision 2 of this ordinance. No individual may conduct any
business regulated hereunder while an appeal is pending.
Subd. 2. Notice of the hearing shall be given by the Building ~,,,-,v--~,,,-,+"" Official in
writing, setting forth specifically the grounds of Complaint and the time and .
place of hearing. Such notice shall be mailed~,-,.~,,-,u~."'"~* ........ ~,,,--~,~,,,~,~'~ -', ~'~ the individual
Or business seeking a permit or license at least five (5) days prior to the date
set for hearingx or shall be delivered by a v ................... sc, mc
summecrs in person at least three (3) days prior to the date set for hearing.
Section 10. The effective date of this ordinance shall be twenty days after publication.
First Reading:
Second Reading:
Date of Publication of Summary Ordinance:
Date Ordinance Takes Effect:
July 3, 2001
July 17, 2001
July 25, 2001
August 15, 2001
By
Gene Maxwell, Mayor
ATTEST:
C"l"erry"Ob~r~i~r, Cfty Cl~rk
APPR/~.:~¢ TO FORM AND LEGALITY:-
~ ~City Attorney Signature
Date
23
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2001-856
AN ORDINANCE REVISING VARIOUS SECTIONS OF THE CITY
CODE RELATED TO THE STATE BUILDING CODE,
TRUTH IN HOUSING, DEMOLITION AND MOVING OF BUILDINGS,
AND CONTRACTOR LICENSING
The following is a summary of the major previsions of the new ordinance:
Chapter 400 Building Code
· Provides administrative direction for the issuance of plumbing permits
patterned after similar language in the building and mechanical code.
Chapter 406 Truth In Housing
· Expands disclosure to include wells and discharges into the sanitary sewer.
· Extends the exemption from TIH reports for new homes to one year.
· Modifies listed hazards to clarify when egress windows are required and
requires working plumbing fixtures and smoke detectors.
· Allows appeals of actions of the evaluator to first be heard by the building
official before being heard by an appeals board.
Chapter 420 Buildings: Demolition
· Provides exemption from permits for small buildings
· Clarifies procedures for disconnection of, reuse of, and the method of
disconnection of services.
· Sets a standard for the condition of the lot after demolition.
Chapter 425 Moving Buildings
· Brings the city ordinance into conformity with state law.
· Clarifies the responsibilities of various parties in the moving process.
· Clarifies the various procedures for the moving process.
· Clarifies procedures for disconnection of, reuse of, and the method of
disconnection of services.
Chapter 440 Contractor Licensing
· Clarifies that only general contractors are required to be licensed.
· Eliminates an unnecessary bond requirement.
· Expands the rights of owners to obtain permits to do work on their own
property without bonds or licenses.
· Clarifies and simplifies the mechanical contractors license procedures.
A printed copy of the entire ordinanCe is available from the City Clerk and at the
Hopkins library.
First Reading:
Second Reading:
Date of Publication of Summary Ordinance:
Date Ordinance Takes Effect:
July 3, 2001
July 17, 2001
July 25, 2001
August 15, 2001