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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