CR 01-78 Approve Ordinance 2001-856 for First Reading
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June 18, 2001
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Council Report 2001-78
APPROVE ORDINANCE 2001-856 FOR FIRST READING
Proposed Action
Staff recommends that the Council approve the following motion: Move approval of Ordinance
No. 2001-856 for first reading.
This will begin the process of amending Chapters 400, 406, 420, 425, and 440 of the Hopkins
City Code.
Overview
Ordinance No. 2001-856 revises various portions of Chapter 400 Building Code, 406 Truth In
Housing, 420 Buildings: Demolition, 425 Moving Buildings, and 440 Contractor Lic~nsing.
After reviewing a number of the sections of these ordinances and attempting to apply them it
became apparent to staff that revisions were necessary in SOIne areas to make the ordinance
sections consistent with state law and to make the ordinances more responsive to the needs of the
citizens. In addition to editorial changes and relocation of sections for clarity, there are a number
of In ore substantive changes that are discussed below.
Primary Issues to.consider.
What are the substantive changes to the ordinances and why are they necessary?
Supporting Documents.
Ordinance 2001-856
Summary of Ordinance 2001-856
C~j)~
Rick Davidson
Building Official
Financial Impact: $ ,l..}1J rJ V Budgeted: Y IN
Related Documents (CIP, ERP, etc.):
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Notes: ~12Jhrr 'J'I-lZ AI f!~s/lItIt:6 ,u:: ~I'<t.O'NC.
Source:
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Council Report 2001-78
Page 2
What are the substantive changes to the ordinances and why are they necessary?
Chapter 400 Building Code
The primary change to this chapter provides administrative direction for the issuance of
plumbing permits patterned after similar language in the building and mechanical code. This
will standardize the procedures for the three major codes. The Plumbing Code, unlike the
Building and Mechanical Codes, was developed by the state and lacks these necessary .
provisions.
Chapter 406 Truth In Housing
The disclosure requirements are expanded to include wells and discharges into the sanitary
sewer such as sump pumps and roof drains.
Extends the exemption from TIH reports for new homes to one year so that someone selling a
home within one year of construction does not need a new truth in housing certificate.
Modifies listed hazards to clarify when egress windows are required and requires working
plumbing fixtures and smoke detectors. Previous language required that every home would
be required to have egress windows meeting current standards which is stricter than the state
building code. State law requires smoke detectors in all dwellings.
Allows appeals of actions of the evaluator to be heard by the building official before being
heard by an appeals board. This allows the process to be expedited when it is apparent that
the evaluator has made a mistake or misjudgment.
Chapter 420 Buildings: Demolition
An exemption is provided small buildings
Clarifies procedures for disconnection of, reuse of, and the method of disconnection of
services. In some cases, these changes are a reflection of city policy. In others, it provides
direction for areas lacking direction.
Sets it standard for the condition of the lot after demolition to avoid any health or safety
Issues.
Chapter 425 Moving Buildings
Brings the city ordinance into conformity with state law. State law prohibits ordinances
requiring licenses and permits except for controls imposed for protection of local streets.
City Attorney Jerre Miller reviewed the state law and city ordinances.
Clarifies the responsibilities of various parties in the moving process such as the applicant,
director of public works, and building official.
Clarifies the various procedures for the moving process.
Clarifies procedures for disconnection of, reuse of, and the method of disconnection of
services for the same reasons listed under demolition.
Council Report 2001-78
Page 3
Chapter 440 Contractor Licensing
Clarifies that only general contractors are required to be licensed. Previous language seemed
to imply that subcontractors were required to be licensed.
Eliminates an unnecessary bond requirement. As reviewed by Jerre Miller, this requirement
provides no benefit to the property owner and is not needed by the city.
Expands the rights of owners to obtain permits to do work on their own property without
bonds or licenses. Currently commercial property owners are required to become licensed,
bonded, and insured to obtain a building permit for property they owned unless the value of
the work was less than $2,000.
Clarifies and sitnplifies the mechanical contractors license procedures.
Alternatives
1. Approve Ordinance 2001-856 for first reading.
2. Do not approve Ordinance 2001-856 for first reading.
Staff recommends Alternative #1.
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 IIUBC"; Minnesota
Rules Chapter 1305;
b) 4-993 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
4715.2860; 4715.3900-.4100;
e) "Flood Proofing Regulations, II 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 Chapter~ 7670. 7672. 7674.
7676. and 7679:
Section 2: The Hopkins City Code, Section 400.05 is hereby amended to read as
follows:
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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 code 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 the City 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 affecting
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. 3. License required. No peroon may practice or engage in the busine::;::;
or trade of plumbing 'Nithin the City unle::;s ouch person io the holder of a valid
and current license from the State of Minnesota and the City.
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. Fees Doubled 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,
the peroon shall, 'Nhen subsequently 3ccuring ::;uch permit, pay double the fees
required for such permit 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)
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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.
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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 changes
have been made or will 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 (800/0) 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.
~ection 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
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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:
400.00. Electrical. Subdivision. 1. Permits required. It is unla\vful for a peroon to
begin the construction, installation, alteration or repairs of any electrical
installation VJithout having fir::;t secured the necessary permit therefore, either
previou::; to or during the day of the commencement of any such 'Nork, or on the
next succeeding 'Norkday.
Subd. 2. Fees Doubled. If a per30n begins 'Norkfor 'vvhich a permit from the
electrical inspector i::; required \vithout the permit to or during the day of
commencement of ouch 'work, or on the next 3ucceeding buoiness day 'Nhere
such vJorl< is commenced on a Saturday or on a Sunday or a holiday, the
person shall vv'hcn subsequently oecuring such permit, pay double the. fees
provided for such permit.
Subd. 3. Violations. No person may make any false 3tatement in the affidavit a3
3\VOrn ::;tatcment made, ao required by this code, in connection 'Jt'ith the
securing of a permit from the electrical inopector.
Section 5: The Hopkins City Code, Section 406.05 is hereby amended to read as
follows:
406.05. Truth in housing disclosure. S.ubdivision 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 without providing to the buyer, prior to the time of
sale, a Truth-in-Housing Zoning Report as described in Section 406.03, Subd. 9
and a Truth-in-Housing Disclosure Report 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 Report, shall
contain a statements signed by the owner as-te acknowledging (a) any damage
to the dwelling or its contents by flooding, ef (b) any sewer backup due to
flooding, and aloo or any evidence of chronic water seepage: (c) any
abandoned. unused. or uncapped wells: or (d) any discharge of stormwater.
groundwater. roof runoff. yard drainage. foundation drains. or sump pumps into
the sanitary sewer of \vhich the O'Nner has experience or I<no',Nlcdge. The Truth
in Housing Disclosure Report is not deemed valid without the aforementioned
signed statement.s. Further, no owner or agent of the owner shall sell such
dwelling without providing to the buyer a statement of the nature, extent and
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cause of any water seepage or flooding of any portion of the property within the
knowledge of the owner.
Subd. 3. No certified evaluator shall allovI said certification to be used by
another person. No por~on ::;hall fill out a Truth in Hou~ing Di~closure Report on
the form prescribed in Section 406.05, Subd. 7 of thi~ chapter to be used as a
disclosure document as set out in Section 406.05, Subd. 1 'Nithout first
obtaining and maintaining a Certified Evaluator Certificate from the city a~
provided for in this chapter.
Subd. 43. Resale of dwellings. A new truth in housing disclosure report shall be
required for each change of ownership or time of sale.
Subd. e4. 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, two, 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 report as set out in Section 406.05, Subd. 1, shall be made
available for inspection at the premises for which they pertain at all times that
such dwelling is being offered for sale.
Subd. 65. Exemptions. The provisions of the Chapter shall not apply to the sale
or conveyance of any single family, ef 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 for one year from the date of the final certificate
of inspection or certificate of occupancy.
Subd. -7.6.. 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 eity City 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 property issued by the Department 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.
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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 written 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. aI. 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 Certification of cvaluator 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 in chapter 10 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 chapter to be used as a disclosure document
as set out in Section 406.05. Subd. 1 without first obtaining and maintaining a
Certified Evaluator Certificate from the city as provided for in this chapter.
Subd. ~12. 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. II
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.
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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.
G. Ungrounded metol electrieol fixtures located \vithin reach of persons ~\'hile
such per~on is in contact 'Nith grounded plumbing fixture~.
W9.. Any room being used as a bedroom for sleeping purposes that does not
have an approved emergency egress door or window except sleeping rooms
legally constructed without them.
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 in~pector to 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.
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Section 7: The Hopkins City Code, Section 420 is hereby amended to read as
follows:
420.01. Demolition of structure3. Subdivision 1. Permit required. No person,
firm or corporation shall move, remove or demolish any building or other
structure in the city without first obtaining a building permit to do so as provided
in thi::; code the State Building Code pertaining to the moving or removal or
demolition of buildings or other ::;tructures.
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 moved, removed or
demolished, there shall be paid to the city~ at the time of prior to the application
for the permit for such removal or demolition~ such disconnect disconnection
fees 1** for each water connection and pef each sewer connection as shall be
required by City Council resolution... , in addition to any other permit fee3 or
charges required, ~vhich Disconnection fees shall be collected by the Director
of Public Works and shall represent the expense of the disconnection of the
water maifl services 6f and sewer maifl services leading into said building from
the city mains and shall be in addition to any other fees or charges required. ffi
the street or road, 3uch disconnection Un 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
re~sed. 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
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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.s. assembly, educational or recreational, or any other purposes.
Subd. 3. "Rcmovallocation" is any 10c:Jtion in the eity to vI/hich a building may
properly be moved and on VJhich such building may properly be located after
such moving under thc provioion3 of thb 3cction.
425.03. License. Subdivision 1. General rule. No per::;on shall move, remove,
raise, or hold up any building 'Nithin the limits of the city 'fv'ithout a licen::;e i::;sucd
under this section. 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.
Subd. 2. ^pplication. An application for a houoe mover'~ liccnoe ohall be
rcferred to thc building official '"ho shall investigate the qualifications of the
applicant and report findings to the council. Upon such report bcing filed 'Nith
the council, and the execution of the bond ao required by sub~ection 425.07
and it~ acccptancc by the council, the licenoe may be granted or refused in the
discretion of the council. ^ licenoe may not be granted to a pcrson under 21
ycar~ of age.
Subd. 3. Fcc. The fee for a license io set by city council re~olution.
425.05. Insurance and bond required. Subdivision 1.ln~urance. ^ license may
not be iSGued unless the applicant ha~ filed \vith the ~ cierI< a policy, or
policies, of insurance insuring such applic:Jnt against liability impoocd by lo\v on
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~ccount of damagc to or destruction of property or injury to per30ns in the
amount of at least $25,000 for 0 singlc injury or claim of property damage and
at least $50,000 maximum liability. The policy sholl provide that it may not be
cancelcd by the insurer cxccpt upon notice to thc city. In case of cancellation of
3uch insurance, the license shall be suspended automatically until such
insurance ha~ bcen replaced.
425.07. Bond. No license shall be granted until the applicant has provided a
bond in the sum of $3,000, '/lith good and sufficient 3uretie~, to be opproved by
the council, enouring, among other things, that the applicant ~NiII (i) pay any and
all damage 'Nhich may be caused to any property, either public or private, \\'ithin
the city, v:hether such damage or injury ~hall be inflicted by said party or his
agents, employees or 'vvorkmen; (ii) save and indemnify, and keep harmless,
the city again~t all liabilities, judgments, costs and expense~, \'vhich may accrue
againot the city in consequences of the granting of 3uch license, including the
cost to the city for the ~ervices of public utility maintenance men nece~~itated
by the mO'/ing of any building, and (iii) will strictly comply 'Nith the provisions of
this ~ection.
425.00. Licence: term. ^ house mover's license termin~tes the 30th day of /\pril
after its iS3uance~ unlec~ sooner revoked. ^ license is not transferable or
a3oignable.
425.11. Revocation of license. Upon presentation to the council of sotbfaetory
proof that any such licen3ee has proven incompetent to properly carryon such
vII'orl< of moving, robing or holding up building3 or has proceeded \'vith any such
'Nork in such a manner as to endanger people or property or upon conviction for
failure to comply \aJith this or reloted ::;ection::; or for other good cause, the
council may revoke the licen::;e.
425.13. Permits. Subdivbion 1. General rule. No Iicen3ed person shall move,
removc, raise or hold up any building 'lIithin the limits of the city 'Nithout first
obtaining a permit from the building official. No person shall move a building 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 moving residential accessory structures
where the floor area does not exceed 120 square feet.
Subd. 2. Public 'Nays. No licensed peroon shall move any building over, along
or across any highvv'ay, street or ~lIey in the city 'Nithout first obtaining a permit
from the building official.
425.15. 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 the building official Director of Public Works.
11
Subd. 2. Contents. The application shall set forth:
a) a description of the building proposed to be moved, giving ~treet number,
construction materials, dimen~ions, number of rooms and condition of exterior
and interior, and photograph~, sho\ving ground and street elevations including
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;
d) the portion of the premises to be occupied by the building \,vhen moved if
located in the city 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. Accompanying paper~. The o.vVner of a building to be moved into the
city, shall file ",,'ith the application ~ufficient evidence that thc building and lot
from .lIhich it is to be removed arc free of any encumbrance~, that all taxe:) and
any other charges again:)t the same arc paid in full. The applie~nt shall file with
the application a written statement or bill of sale or other sufficient evidence that
the applicant i:) entitled to move the building.
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 the permit .a fee set by
City Council resolution plu3 a ~ufficient sum, as e:)timated by the building official
to cover all other charge:) required under the terms of this or any other 3ection
of this code including the sum of ten cents per mile necessary to be traveled by
the building inspector to inspect such building on the location from VJhich ~ueh
building is proposed to be moved 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
425.17. Performancc bond. The application shall be accompanied' by a
performance surety bond in the sum to be fixed by the building official, but not
less than $2,000, or by the assignment to the city of such collateral security,
'"vhich bond or collateral occurity ohall be signed and executed by the propooed
O'Nner of the premioe~ to 'vVhich ~uch building is proposed to be moved, 'vvhich
bond or other collateral ~hall guarantee the performance of all of the conditions
of the license and of the conditions in this oection. 425.1 G. Deposit. Upon
receipt of an application the building official shall procure an estimate of the
expen~e to be incurred in removing and replacing any property of the city, the
removal and replacement of 'Nhich ,-viII be. required by reason of the moving of
the building through the city, together 'Nith the cost of material~ necessary to'be
used in making such remo'v'als or replacemento. Prior to bouance of the permit
the building official ohall require of the applicant a depooit of a oum of money
equal to t\'v'ice the amount of the estimated expense.
425.21. Building official: duties. Subdivision 1. Permits and'lnspection~. When a
building is proposed to be moved into the city. +lhe building official shall inspect
the building at its location prior to moving, and the applicant's equipment to
determine 'Jlhether the standardo for issuance of a permit arc met to determine
if the building meets applicable building code requirements or. if it does not.
which corrections are necessary to bring the building into compliance with the
State Building Code and any other applicable rules. The applicant is
responsible for any costs associated with inspection of a building to be moved
into the eity that is located outside of the city. Costs for inspections must be
paid to the city prior to the inspection and will be based on rates established by
City Council resolution. Once the building official has determined that the
building 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 being
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.
Subd. 2. Standardo~ The building official may not iosue a permit if the building
official finds:
a) that any application requirement or any fee or depo~it requirement hao not
been met;
b) that the building is too large to move \'Vithout endangering peroons or
property in the city;
c) that the building is in such a state of deterioration or disrepair or io otherwise
00 structurally unsafe that it could not be moved vvithout endangering peroon3
and property in the city;
13
d) that the building i::; structurally un~afc or unfit for the purpose for v/hich it is
being moved, if the removal location is in the city;
e) that the applicant's equipment is unsafe and that per::;ono and property 'vVould
be endangered by it::; use;
f). that zoning or other regulation::; of the city 'lIould be violated by the building in
it::; removal location;
g) that for any reason, persons or property in the city 'lIould be endangered by
the moving of the building;
h) that the building to be moved is not \"v'orth at least 60 percent of the COGt of a
similar nevI building as determined by the building inspector; or
i) that the building in its removal location . ',Nould fail to comply in any reopect '.?lith
any provi::;ion of thi:J code, or, in the alternative, that proper assuranceo of such
compliance have not been given.
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.
425.23. Fees and depooitG. Subdivision 4-.3.. Fees and Deposit~. The building
official shall receive from the owner or the owner's agent all building permit
fees, deposito, and the performance bonds and in::;urance policie::; and ~hall
fOlVJard them to the treasurer.
Subd. 2.4. Return upon non-issuance. Upon a refusal to iosue a permit If a
permit is denied, the building official shall return te the bond to the applicant aU
deposits, bondo and insur~nce policies. Permit feco filed 'Nith the application
ohall not be returned.
Subd. 3. Return: allo'vvance for expense. After a building has been moved, the
building official shall furnish the cierI< \Nith a 'v\'ritten statement of all expense::;
incurred in removing and replacing 011 property belonging to the city, and of all
material used in the making of the removal and replacement together 'with a
statement of all damage c~used to or inflicted upon property belonging to the
city. If any 'vVires, poleG, lamp::; or other property ore not located in conformity
'/lith ordinances governing their placement, the permittee sholl not be liable for
the cost of removing the same. The cierI< oholl then authorize the building
official to return to the applicant 011 deposito ofter the treasurer deducts the sum
sufficient to pay for all of the coot::; and expenses and for all damage done to
14
.
property of the city by reason of the removal of the building. Permit fees
deposited 'Jy'ith the application ::;hall not be returned.
425.26. Designated streets for removal. The building official 3hall procure from
the street department a list of designated streets over '"hich the building may
be moved. The building official ::;hall have the list approved by the chief of police
and ::;hall reproduce the li~t upon the permit in 'Nriting. In making their
determinations, the street department and the chief of police sholl oct to aS3ure
maximum safety to person~ and property in the city and to minimize congestion
and traffic hazards on public ~treet~.
425.27. Duties of permittee. Subdivision 1. U~e; designated ~treets. The
permittee ~hall move a building only over streets designated for such use in the
v/ritten permit.
Subd. 2. Notice: time change. The permittee sholl notify the building official in
v/riting of a desired change. in moving dote and hour::; os proposed in the
application.
Subd. 3. Notice: damage. The permittee shall notify the building official in
'Nriting, of any and all damage done to property belonging to the city 'vvithin 24
hours after the damage or injury has occurred.
Subd. 4. Display; light~. The permittee ~hall couse red lights to be displayed
during the night timc on every side of the building 'Jlhile it i::; on a street, in ::;uch
manner a::; to 'Narn the public of the obstruction, and shall at all time~ erect and
maintain barricades across the street::; in ~uch manner as to protect thc public
from damage or injury by reason of the removal of the building.
Subd. 6. Street occupancy period. The permittee shall remove the building from
the city street::; after 24 hours of such occupancy, unless an exten~ion is
granted by the building official.
Subd. 61. Compliance with law. The permittee shall comply with the building
code, the zoning code and all etAef applicable city. state. and federal
regulations and laws ~ when moving or relocating tAe .a building in or
through the city.
Subd. 12. Original premises. The permittee shall remove all rubbish and
materials and fill all excavations to existing grade at the original building site,
when located in the city, so that the premises are left in a safe and sanitary
condition. All wells must be sealed in accordance with state law. All
foundations. footings. piers, or other building supports shall be removed unless
approved by the City and permitted by 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.
15
Subd. 8. Utilities. The engineer must certify that all se'I,,'er charges and 'Nater
bilb payable again3t the property 'within the city from 'v\'hich the building is to be
moved havc been paid and that all se'lIer and v;ater connections have been
pluggcd or discontinued at the curb line or at the main and that all taxes ag~in~t
the property havc been p~id in full.
Subd. 3. (a) Disconnection of water and sewer 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 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 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.
(c) Method of disconnection. The method of disconnection is subjectto
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.
Subd. 10 Grading and gra~~ing Tho permittee shall install or cau~e to be
installed a finished grade on all parts of the premises on to 'Nhich such building
16
is moved, including the planting or installation of live ~odding on all parts of the
plot or parcel involved.
Subd. 44.5.. 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. -1-2.6. Drainage. Erosion Control. and Grading. The permittee shall
construct and provide all necessary and proper drainage 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 building official and the engineer 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.
8ubd. 13. Gutters. The permittee shall install or cause to be in~talled, adequate
roof gutter::; and dovJn ~pouts upon any such building.
8ubd. 14. 8ide'wall<. The permittee ::;hall install, or cause to be installed, Q
proper side'v.v'all< from the front entrance from the building to the public ~ide'Nall<
or street.
8ubd.15. Landscaping. The permittee shall install or cau::;e to be installed,
proper landscaping upon the premi3es on 'Nhich the building is located.
Landscaping ~hall conform to the landscaping 't/hich had previously existed in
connection 'Nith the building at the location from 'lJhich the building 'NOS
removed, except that trees and bushe::; thus in~talled, or planted, '1v'H1 not be
required to be more than two year::; old.
8ubd. 16. Lateral ::;upport requirements. '^'henever the premi::;e::; or parcel of
land on to 'Nhich such building i~ mO'v'ed arc graded by cutting or filling any part
thereof, all ::;Iopeo thus created ::;hall be finbhed, graded and sodded ~Nherever
po~sible, or ~hall be maintained by the erection of retaining 'walls, such 'Nalls to
be erected by the owner of ::;uch prembe~ pursuant to piano and under the
supervision of the building official.
425.28. Mi~eellaneou3 conditiono. 8ubdivioion 1. Restrictive covenants. \/\/hen
the rem.ovallocation of any building is I<noV'Jn by the building official to be
subject to any re~trictive covenants of record the building official shall not i~sue
a permit until satbfied that all of the term::; and condition~ of the covenant::; have
been complied with.
8ubd. 2. Character of neighborhood. No permit shall be is~ued under this
~ection unless and until the building official is ::;atiofied that the building
proposed to be removed 'lv'i11 in its remo'Jallocation conform to the general
character and to the type of architecture of the neighborhood.
17
Subd. 3. Scope. It io not intended by thi~ ~ection to interfere v~'ith or abrogate or
annul any casement, covenant or other agreement betv:een parties. 'Nhen this
section imp03es a greater rcstriction thon is impoocd or required by any other
section, rule, regulation or by ea::;ement~, covenants, or agreement::;, the
provisions of this oection ~hall control.
425.31. Enforcement. Subdivioion 1. 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.
Subd. 2. Original premi::;eo. \^/hen necessary, becauoe the permittee has not
complied 'vVith this section, the city shall proceed to do the 'vvork necessary to
leaving the original premises in a safe and sanitary condition and the coot
thereof shall be charged against the general deposit.
425.33. Hours. No building shall be moved across any railroad or bridge, unless
the hour be opecified and approved by the company or governmental unit
controlling such tracks or bridge.
425.35. Moving buildings into city. Subdivision 1. Additional requirement::;. /\
peroon desiring to mO'/e a building into the city from outside the city shall
comply 'Nith the additional requirement~ of this subsection.
Subd. 2. Notice to city. ^ peroon shall notify the building official prior to the
process of moving of such building in sufficient time so that the building official
may make all nece::;sary in::;pections in order to determine '/v'hether ~uch
building complies with the applicable section of this code.
Subd. 3. Cost::;. The peroon ~hall pay to the city, in addition to the required feeo
for a building permit, the additional fees set by city council resolution. The fee
provided in this section ohall be paid at the time the application for a permit to
move a building b made and shall be retained by the city '/v'hether or not the
permit is granted.
Section 9: The Hopkins City Code, Section 440 is hereby amended to read as
follows:
440.01. Building contractors. Subdivision 1. Definition. 1\ building contract
meanD a pcr::;on 'Nho furniohco or perform::; 'Nork in the conotruction,
remodeling, rehabilitation or improvement of any building or ~tructure for '1v'hich
a city building permit is required, ~vhich 'Nork includes but is not limited to
carpentry, cement 'work, electrical 'Niring, masonry, mechanical excavation,
paving, plastering, plumbing, roofing, ohcet rock installation, stucco 'v.v'ork and
any other related ~kilb or qualifications. Building 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 regbter vvith apply for and obtain a license from the city
building inspector building official for the performance of any work or
improvement for whieh a city building permit is requir~d 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 31 st 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 building 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 obtaining a city
license. A state-licensed contractor must provide a copy of the state license to
the City to obtain a building permit.
Subd. 3. State license exemption. Contractors required to be licensed by the
State of Minneoota are exempt from obtaining a city license under thi3 ~ection
to perform vv~ork for 'v\'hich they are liccnsed by the State of Minnesota. A state
liccn3cd contractor mU3t providc a copy of tho 3tato Iiccn30 to tho City in ordcr
to obtain a permit from the City building inopector. (Added Ord. #01 702)
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, and each such ~ubcontractor ohall be qualified as and
'lIhene'v'er required by state la'N. The main or independent building 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 inspector official upon written application therefor on forms
provided by the city '"hich shall require and contain proof of ouch applicant's
qualifications and 'Nhich shall contain but shall not be limited to the information
required by thio suboection. The application shall be accompanied by proof of
the following:
(a) ^ ~tatemcnt of the experience and ability in the building trade~ of the main
applicant including ouch references as the city may from time to time require.
E'Jidence of qualifications may include a 3imilar license issued by a city, county,
or agency of the stote of Minnesota to the applicant and may be. considered as
19
prima facie evidence of the contractor'3 competency under this section.
VVhenever any agency of the ~tate of Minnesota imposes licensing or
rcgi3tration requirements for any trade Iicen~e under this section, proof of
sati3faction of all state requirement::; shall be provided vv'ith the license
application.
(b) The main or independent contractor 3hall provide the citY'v\'ith evidence or
proof of the follo'/ling:
1) Workers compensation insurance owned and maintained by licensee
applicant or subcontractor or both as required by la\''V.
2) Proof by proper certificate or insurance contract that such contractor 6f
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.
(c) 1\ license bond in the sum of $2,000 conditioned upon compliance by such
contractor or any ::;ubcontractors 'with all pro'Jision::; of the building and other
construction codes, ordinance3, and regulation~ governing construction 'Norl<.
Subd. 6. Owner rights and responsibility. An O'Nncr is not required to obtain ~
license under thi::; ~ection to per30nally perform any 'Nork in connection 'lIvith the
o'Nner'3 re::;idence or other d'JJelling and appurtenances including the right of the
oVlI'ner to engage the services of any aids or helpers. An owner of a commercial
or industrial property 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 or helpers, if the value of construction is Ie::;::; than $2,000.00 for anyone
project or $5,000.00 for any single year. The work must be in compliance with
all relevant codes and the required permits must be obtained. The owner is
responsible and liable for any losses or liabilities wAtefl 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)
440.03. Oil and gas. installer::;. Subdivision 1. Installation of oil burning heater~;
license required. No person, firm or corporation ::;hall in3tall in the city any oil
burning device for heating purpo::;e::; or equipment connected there~vith, 'Iv'ithout
procuring a license to in~tall oil burner3 from the city building inspector and
paying the required fee establi3hed by re30lution of the City Council.
20
Subd. 2. Inotallation of gao burning heaters; licenoe required. No person, firm or
corporation shall inotoll in the city any gas burning device for heating purpooe~
or equipment connected therevl/ith, VJithout firot procuring a license to install gas
burners from the city building inspector and paying the required fee e~tabli3hed
by reoolution of the City Council.
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 31 st 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.
21
experience sufficient to safeguard the public when engaging in mechanical
installations. the license application shall be denied.
440.05. Plumbers. Subdivision 1. License required. No per~on ~hall carry on the
busincs~" of plumbing 'Nithin the city, mal<ing any connections 'v\'hatever 'Iv'ith the
\tvater pipes, 'v\'atermains, branch ~e'^,ers, main ce'lIers, drain~ or other eervice
pipes of the city, or mal<ing any repairs, additions or alterations of any pipe, tap,
stopcocl<, 'Natercl03et or any other fixture connected '"vith or designed to be
connected 'Nith the '/Jater '/Jorl<s or se'Ner ~ystem of the city 'Nithout a state
plumber's licen3e. ^ state licensed plumber must register annually 'vvith the city
cierI< and supply a copy of the etate Iicen~e and required bond. Any person,
firm. or corporation engaging in the installation of plumbing as defined in the
State Building 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 desiring 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.
Subd. 2. Permits required. It is unla'Jlful to construct, install, alter or repair any
plumbing, drain, vent, 3ump, '/Jater closet, ~ink, lavatory or any other plumbing
fixture 'Nithin the city, 'Nithout fir3t obtaining a permit from the city building
in~pector to do such \";ork. /\pplication for ~uch permit shall be made to the
building inspections department on forms oupplied by the city. The application
shall be accompanied by the respective fees. No permit ~hall be required in
caoe of repaire not affecting sanitation, such ae mending of leal<3 in faucets,
valves or 'Hater eupply pipes, mending of broken fixtures, tanke, kitchen boilers,
releasing frozen pipeo or rodding and flushing of any houee se'vver or drain.
Subd. 3. Enforcement. The building inspector shall enforce the provisions of thic
section. Plumbing 'Norl< 3hall be in~pected, and if found not be in accordance
'v"Jith this code, shall be corrected. If after 'If/ritten notice to the peroon installing
v/or/< requiring correction thcreof, the person neglect::; or refuse~ to conform to
such order, the city or any duly appointed inspector may remo'y'e such 'Norl< pnd
charge the cost thereof to the person installing the same. No person ~hall cover
any ~ueh v/or/< 'vVithout its being duly inspected, and refusing to correct Vt'orl<
'Nhen so ordered by the building or other inspector shall be a violation of this
section.
440.07 Appeal. Subdivision 1. Any person aggrieved by the action of the
Building Inspector Q.fficial in the denial of a permit or license as provided in
Section 440 may appeal to the City Council. Such appeal shall be taken by
filing with the Council within fourteen (14) 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 Inspector Official in
writing, setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed postage prepaid, to the individual
or business seeking a permit or license at least five (5) days prior to the date
set for hearing, or shall be delivered by a police officer in the some manner as a
summons 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: July 3, 2001
Second Reading: July 17, 2001
Date of Publication of Summary Ordinance: July 25, 2001
Date Ordinance Takes Effect: August 15, 2001
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS 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