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CR 91-246 First Reading Adoption Building Code•N oveniber 4th, 1991 Overview. om C. Anderson Building Official FIRST READING ADOPTION STATE BUILDING CODE Proposed Action. Staff recommends the following motion: Move to approve first reading of ordinance number 91 -699 an ordinance amending section 400 of the Hopkins City code and adopting the the latest edition of the State Building code. Approval of this motion will approve a first reading of an ordinance that will update the city's building code to the latest standards required by State Statutes. Minnesota Statutes require that all communities that have a building code enforce the State Building code. Communities cannot be more or less restrictive than the State Code. The State from time to time updates the code to incorporate the latest edition of the Uniform Building Code and includes new State standards that take into account the latest building technology. The State code was recently updated to include the 1988 Uniform Building •C Although the community must enforce the State code by Statute when it is adopted by the State, it is recommended that communities update and confirm the latest edition of the code in their ordinances. Adoption of this ordinance will reaffirm and adopt all of the Mandatory provisions of the State code and further, adopt the latest optional chapter 70 establishing standards and permits for grading. Chapter 70 is currently in our existing building code. Optional chapter 38, commonly referred to as Appendix E Optional Fire Sprinkler Provisions, is Not included. Supporting documents. o Proposed ordinance number 91 -699 Alternatives. o Approve a first reading. o Table and request further information from staff. o Do not approve first reading. Following this course of action may make the City's building code unenfor eable in court Council Report # 91 -246 Ordinanc No. 91 -699 AN ORDINANCE RELATING TO BUILDING, HOUSING AND CONSTRUCTION REGULATIONS AMENDING SECTION 400 OP THE HOPKINS CITY CODE BE IT ORDAINED by the Council of the City of Hopkins as follows: SECTION 1. That Hopkins City Code is amended by deleting Section 400 in its entirety and adding a new section 400 to read as follows: CHAPTER IV BUILDING AND CONSTRUCTION REGULATIONS Section 400 - Building Code 400.01 Scope of Chapter. The purpose of this chapter is to provide minimum standards to safeguard life and limb, property and public welfare by regulating and controlling the design, construction, quality of materials, location and maintenance of buildings and structures in the city and the equipment regulated herein. 400.02. Adoption of Minnesota State Building Code. Subdivision 1. Building Code. The Minnesota State Building Code, one copy of which is on file in the office of the City Clerk, has been adopted by Minnesota Statutes, section 168.59 to 16B.73 as a Uniform Building Code for the State. The State Building Code is hereby confirmed as the building code of the city and is incorporated in this chapter as completely as if set out in full. Subd. 2. Adoption by reference. The July 1990 edition of the 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) 1988 edition of the Uniform Building Code, identified as "UBC "; Minnesota Rules Chapter 1305; b) 1990 edition of the National Electric Code, identified as "NEC "; Minnesota Rules Chapter 1315; c) 1987 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSII A17.1- 1987; and is an amendment to chapter 51 of the UBC; Minnesota Rules Chapter 1305; 411 d) Minnesota Plumbing Code, Minnesota Rules, Chapter 1355, parts 4715.2860; 4715.3900- .4100; 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 Minnesota Uniform Mechanical Code 1990 Edition. Minnesota Rules, Chapter 1346; h) State of Minnesota Manufactured Home Rules identified as Minnesota Rules, Chapter 1350: 1325; g ) Model Energy Code, Administrative Rule 7670 i) Solar Energy Systems, identified as Minnesota Rules, Chapter j) Minnesota State Building Code, Technical Requirements for Fallout Shelters, Minnesota Rules, Chapter 1330; k) Minnesota Statue Building Code, Variations in Snow Loads, Minnesota Rules, Chapter 1365; 1) Minnesota Rules Chapter 1340, Facilitates for the Handicapped: m) 1988 Uniform Building Code Appendix Chapters 35, 55 and 70; n) Minnesota Plumbing Code, Minnesota Administrative Rule 4715 o) Rules relating to Public Swimming Pools, Minnesota Rules 4717.0100 to 4717.3900; p) Minnesota State Building Code, Code Administration, Minnesota Rules Chapter 1300 q) Certification and Continuing Education of Building Officials, Minnesota Rules Chapter 1301 r) Building Construction and State Agency Construction Rules, Minnesota Rules Chapter 1302 s) Prefabricated Structures, Minnesota Rules Chapter 1360 Subd. 3. Building Official. For purposes of this chapter the term "Building Official" means the city building inspector. Subd. 4. Building Permits required. It is unlawful for any person to perform any work regulated by this section without first having obtained a license, if required, and a permit to do so, and paid all the fees set out in Section 304, and Table 3 -A of the Uniform Building Code. 400.03 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 without first having obtained a permit and paid the fees set out in chapter X. Permits required by this section may be issued only to persons duly licensed by the State of Minnesota and the City. Subd. 3. License required. No person may practice or engage in the business or trade of plumbing within the city unless such person is the holder of a valid and current license from the State of Minnesota and the city. 400.04. 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 required in Chapter X. Permits required by this section may be issued only to persons duly licensed as Mechanical Contractors by the City of Hopkins, if a licence is required. 400.05 Electrical. Subdivision. 1. Permits required. It is unlawful for a person to begin the construction, installation, alteration or repairs of any electrical installation without having first secured the necessary permit therefore, either previous to or during the day of the commencement of any such work, or on the next succeeding work day. Subd. 2. Fees Doubled. If a person begins work for which a permit from the electrical inspector is required without the permit to or during the day of commencement of such work, or on the next succeeding business day where such work is, commenced on a Saturday or on a Sunday or a holiday, the person shall when subsequently securing such permit, pay double the fees provided for such permit. Subd. 3. Violations. No person may make any false statement in the affidavit as sworn statement made as required by this code, in connection with the securing of a permit from the electrical inspector. 400.06 General requirements Subd. 1. False statements. No person may make any false statements in connection with the securing of a permit from the Building Official. Subd. 2. Violations and Penalties. Any person who makes a false or untrue statement in an application for any permit authorized by this section or who shall deceive, or attempt to deceive, any authorized inspector or employee of the city by any statement or answer made in connection with such application, and any person firm or corporation who shall not comply with the requirements of this ordinance shall be guilty of a penal offense. Subd. 3. Inspections. Persons licensed under the provisions of . this section are subject to police and public surveillance and inspection. The issuance of any permit or license authorizes and empowers all proper officials of the city to enter upon the premises for the purposes of ascertaining the manner in which compliance with this section is achieved. Subd. 4. Reispections. A reinspection fee may be assessed for each inspection or reinspection when such portion of the work for which inspection is called is not complete or when required corrections have not been made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Re inspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official. To obtain reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee as set forth in Chapter X. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Subd. 5. Other permits. If any other type of permit is required for a building or structure besides a construction permit required by this section and the State Building code, such as an off - street parking permit or a conditional use permit, the building permit may not be issued until the building official is satisfied that other required permits (1) have already been issued, (ii) will be issued at the same time, or (iii) have been authorized and will be issued. Subd. 6. Separate Offense. Each day in which any unlicensed or unpermitted or condemned installation under this subsection is permitted to exist constitutes a separate violation. 400.07. Permit fees: other provisions. General rule. It is the intent of this section that the fees set by chapter X are to supplement and supersede corresponding fee requirements in any code or ordinance adopted by reference in this section except as provided in subsection 400.03, subdivision 4. • First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: Attest: City Clerk