2009 06-19 CCP - Laserfiche WebLink

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city, the city is responsible for enforcement of the code. In all other areas where there is no adopting ordinance, the county is responsible for enforcement. In the proposed "Municipal Enforcement" subdivision of 326E_ 16, the language is similar except "may" is changed to "shall" in regards to municipal enforcement of the Code's. requirements for persons with disabilities in areas where the Code is not adopted by ordinance. This proposed change requires municipalities to take action to enforce the Code's requirements for persons with disabilities whereas the existing statutorylanguage merely allows them to enforce thecode through one of two mechanisms. The mechanisms are identical tothose described above: I) entering into. a joint powers agreement with a municipality who has adopted the Code, or 2) using a certified building official. Subdivision 3, "Responsibilities," is new subdivision added in the Bill which requires municipalities to fulfill Code responsibilities and perform duties including Code administration, plan review, and inspection in accordance with the procedures established in the Code_ This may add more requirements .formunicipalities and create an increased work load if the municipalities had neglected inspection or enforcement in the past. Looking further into the Code would provide specifics as to the responsibilities. The final addition is Subdivision 4, "Enforcement by state building official." If the commissioner determines that a municipality is not following their obligation to administer and enforce the Code's requirements for persons with disabilities, the commission can instruct a state building official or another building official to undertake the administration and enforcement. The commissioner must notify the affectedmunicipality in writing. The municipality may challenge the commissioner's determination as a contested case before the commissioner pursuant to the Administrative Procedure Act. The commissioner will decide appropriate fees to charge the municipality for the administration and enforcement service rendered. Any cost arising from the state administration and enforcement of the Code shall be borne by the municipality. This final addition poses a large obligation for municipalities which have. neglectedto enforce and administer the Code's requirements for persons with disabilities. Depending on the amount of previous enforcement and administration completed this bill could affect municipalities' additional duties substantial or very little.