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DATE: 6/1/2009 <br />TO: Mayor Uzpen and Council Members. <br />FROM: Kelly & Lemmons, P.A. <br />RE: Bill modifying municipal enforcement of the State Building Code <br />Background <br />House File No. 1526, and its companion bill, Senate. File No. 1524, deal primarily <br />with modifying municipal enforcement provisions of the State Building Code ("Code") and its <br />requirements for persons with disabilities, amending Minn. Stat. § 326B.106, subd, 9 and § <br />326B.16. The House bill is authored by Tim Mahoney and Tom Rukavina. Its companion bill, <br />comprised of identical text,is authored by Linda Scheid, David Tomassoni, Tony Lourey, and <br />Dan Sparks. <br />The hill was introduced to the House on March 9, 2009 and referred to the Labor <br />and. Consumer Protection Division on. March 16, 2009..The Senate version wasintroduced on <br />March 16, 2009 and then referred to the committee on Business, Industry and Jobs. <br />Substance and Implications of Changes to Current Statute <br />The bill amends Minn. Stat. § 32611106, subdivision 9, eIiminating the entire <br />existing municipal enforcement section. The current section provides options for municipalities. <br />that have not adopted the Code to enforce building code requirements for persons with <br />disabilities. The first option is to enter a joint powers agreement for enforcement with another <br />municipality that has adopted the Code. The second option is to contract for enforcement with a <br />building official certified under § 32613.133, subdivision 3, requiring an examination, <br />documentation, and certain training. <br />The bill purports to move the municipal enforcement section to § 3268.1 06 to the. <br />Enforcement of Requirement for Persons with Disabilities section (326B. i 6). The application <br />subdivision of enforcement section begins with the added assertion that, "The State's Building <br />Code requirements for persons with disabilities apply statewide." This language appears to be <br />broadening the application of the Code's requirements for persons with disabilities to a <br />statewide, mandatory enforcement, regardless of whether the municipalities has adopted the. <br />entire Code through an ordinance or not. The existing enforcement of the Code's requirement. <br />for personswith disabilities. may be sporadic and lacking uniformity. The existing statute then <br />differentiates between statutory or home charter cities and all other areas in dealing with <br />enforcement when a Code adopting ordinance does not exist. In a statutory or home rule charter <br />1 <br />