HomeMy WebLinkAboutOrdinance No. 078B Building CodeCity of Gem Lake, Ramsey County, Minnesota
Building Code
Ordinance No. 78B
AN ORDINANCE REPEALING CITY OF GEM LAKE ORDINANCE NO. 78 AND PROVIDING FOR:
ADOPTION OF THE MINNESOTA STATE BUILDING CODE; THE APPLICATION, ADMINISTRATION
AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE; THE ISSUANCE OF PERMITS
AND THE SETTING AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR
VIOLATION THEREOF.
The City Council of the City of Gem Lake does ordain as follows:
Section 1— Building Code
1. Adoption of Minnesota State Building Code. The Minnesota State Building Code, as adopted by the
Minnesota Commissioner of Administration, pursuant to Minnesota Statutes § § 16B.59 to 16B.75 including
any optional chapter hereinafter specifically adopted; and including all amendments, rules and regulations
established, adopted and published from time to time by the Minnesota Commissioner of Administrator
through its Building Codes and Standards Division is hereby adopted by reference and incorporated as if
fully set forth herein, and shall be known as the Gem Lake Building Code.
2. Building Code — Optional Provisions. The following optional provisions, as identified in the most current
addition of the Minnesota State Building Code, are hereby adopted and incorporated as part of the Gem
Lake Building Code:
1. Chapter 1306, Special Fire Protection Systems, electing Minn. R. 1306.0020 Subpart 2, applying
the code to new and existing buildings;
2. Grading, appendix chapter K, 2001 Supplements to International Building Code; and
3. Chapter 1335, Floodproofing Regulations, parts 1335.0600 to 1335.1200.
Section 2. Application, Administration and Enforcement
1. The application, administration, and enforcement of the code shall be in accordance with the Minnesota
State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota
Statute, 16B.62, subdivision 1, when so established by this ordinance.
2. The City shall appoint a Certified Building Official to administer the Gem Lake Building Code.
3. The City shall appoint an Electrical Inspector pursuant to Minn. Stat. § 326.244, subd. 4, who shall inspect
electrical installations within the City.
Section 3. Permit and Fees
1. 3.1 It shall be unlawful for any person to perform work subject to the Building Code for which a permit is
required without first obtaining a permit for that work from the City. The City shall only issue permits to
persons licensed by the State of Minnesota to perform such work, or to a person applying to perform work
wholly within the residence owned and occupied by the person. The issuance of permits and the collection
of fees shall be as authorized in Minnesota Statute § 1613.62, subdivision 1, and as per the Minnesota State
Building Code, Minn. R. 1300.1060 regarding fees.
1. Permit fees. Permit fees shall be assessed for work governed by this Code in accordance with the
fee schedule prescribed by separate ordinance of the City Council, a copy of the most current
version of which shall be available at the office of the City Clerk.
Ordinance No. 78B Building Code
Plan review. Plan review fees shall be as required by the State of Minnesota, or when submittal
documents are required under this Ordinance or any other City Ordinance. The plan review fee
shall be 65 percent of the building permit fee. Submitted documents approved as similar plans
under Minn. R. 1300.0160 Subp. 6 plan review fees shall not exceed 25% of the building permit
fee. Plan review fees are separate from and in addition to the permit fees. In addition to
information required by the Building Code, permit applications shall include the following
information:
1. Construction Plans. All data required in section 18.2.1 of the Gem Lake Zoning
Ordinance.
Proof of Ownership. Applicants for building permits to construct, enlarge, alter, repair,
demolish or move commercial and industrial structures or residential structures
containing more than two dwelling units, shall supply proof of ownership of the
property for which the permit is requested consisting of an Abstract of Title, certified
currently, or a Registered Property Abstract, together with any unrecorded documents
whereby the applicant acquires a legal or equitable ownership interest. Provided that
proof of ownership shall not be required for building permits to construct, alter, repair,
demolish, or move sheds, shelters, unattached garages, driveways, sidewalks or fences.
3. State Surcharge Fees. All municipal permits issued for work under the code are subject to the
State surcharge fee imposed in Minn. Stat. § 16B.70, which shall be computed in accordance with
that statute.
4. Valuation. The building official shall utilize the Chart of Estimated Construction Cost as annually
provided by the Minnesota Department of Administration State Building Codes and Standards
Division to compute building valuations for the purposes of establishing the City of Gem Lake
permit fee schedules. Permit valuation shall include total value of all construction work, including
materials and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment, and permanent systems. Permit fees for manufactured (mobile) homes and
prefabricated structures shall be based on a valuation of on -site work only.
Other Fees. The building official may charge separate and additional fees, in accordance with the
fee schedule prescribed by ordinance of the City Council, for inspections conducted outside of
normal business hours, reinspection, and other inspections or work outside of those normally
required by the Building Code for which no other fee is specified. If the City requires the use of
outside consultants for engineering, planning, legal, or similar services, the cost of such services
shall be charged to the applicant, including administrative and overhead costs.
6. Investigation Fee. Whenever any work for which a permit is required by the code has been
commenced without first obtaining said 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 for the investigation equal to the amount of the permit fee required by this code.
Fee Refunds. The building official may authorize refunding of any fee paid herein which was
erroneously paid or collected. The building official may authorize refunding of not more than 80
percent of the permit fee paid when no work has been done under a permit issued in accordance
with this code. When plan review services have been provided, the plan review fee portion of the
permit fee shall not be refunded. The building official shall not authorize refunding of any fee paid
except on written application filed by the original permittee not later than 180 days after the date
of fee payment.
2. Permit or application expiration. Applications for which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans and other data submitted for review may thereafter
be returned to the applicant or destroyed by the building official. All work authorized by building permit
shall be initiated in accordance with City -approved construction plans within one (1) year after the date the
Ordinance No. 78B Building Code
City issued the building permit. Once initiated, work authorized by the building permit shall continue to
completion without any delay or cessation of 60 days or greater. In all cases, the compliance deadlines shall
be upheld unless a written extension is submitted and approved by the Building Official. An extension may
only be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays
the completion of the building project. The decision of the Building Official may be appealed to the
Planning Commission, who acts as the Board of Adjustments and Appeals. In order to renew action on an
application or permit after its expiration, the applicant shall resubmit plans and pay a new plan review fee.
Section 4. Violations and Penalties. A violation of the Gem Lake Building Code is a misdemeanor. Each day in
which a violation exists shall constitute a separate offense.
Section 5. Separability. Should any section, subdivision, clause or other provisions of this Ordinance, or the
Minnesota State Building Code, be held to be invalid by any court of competent jurisdiction, such decision shall not
affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid.
Section 6. Repealer. Ordinance No. 78 of the City of Gem Lake is hereby repealed in its entirety.
Section 7. Licenses and Bonds
1. Before any person, firm or corporation shall engage in the business of doing or performing any of the
various types of work listed in this section, they must show proof of being licensed and bonded by the State
of Minnesota. Such people or entities who are performing work which is not required to be licensed by the
State of Minnesota, but listed in this section, must obtain a license from the City of Gem Lake before
engaging in their type of business. Contractors may be required to obtain a surety bond for work in the City
as a condition of obtaining a city license. Any bond requirement, and the amount of said bond, shall be
stated in the City's fee schedule, which shall be adopted by the City Council by ordinance from time to
time.
2. The requirements of this section apply to the following types of work:
1. Cement work, cement block work, cement block laying or brick work;
2. General construction including erection, alteration or repair of buildings;
3. The moving or wrecking of buildings;
4. Plastering, outside stucco work or lathing;
5. Electrical wiring;
6. Plumbing including installation of outside sewage disposal plants;
7. Heating;
8. Gas installation, including heating, appliance devices or machinery;
9. Well drilling;
10. Roofing;
11. Sign and billboard erecting;
12. Excavators (including for basements, foundations, grading of lots);
13. Driveway contractors; and
Ordinance No. 78B Building Code
14. Outside sewer and water installers.
3. Licenses shall be obtained from the Clerk of the City. Applications for licenses shall be filed with the Clerk
on the forms furnished by the City. The fee for each license shall be as established from time to time by
City Council Resolution.
4. All licenses shall expire on January 1 st following the date of issuance unless revoked or forfeited prior to
this date. If a license granted hereunder is not renewed previous to its expiration then all rights granted by
such license shall cease and any work performed after the expiration of the license shall be in violation of
this code.
5. Persons, firms, or corporations renewing their licenses after the expiration date shall be charged the full
annual license fee. No pro -rated license fee shall be allowed of renewals.
6. A license granted to a contractor shall include the right to perform all of the work for which he is licensed.
Sub -contractors on any work shall be required to comply with the sections of this code pertaining to
license, bond, qualifications, etc. for his particular type of work.
7. Each applicant for a license shall satisfy the governing body that he is competent by reason of education,
special training and experience. Applicants shall also demonstrate that they are equipped to perform the
work for which a license is requested in accordance with all state laws, City Ordinances and this Building
Code. Each applicant for a heating license shall further satisfy the governing body that he already had a
valid license or competency card from another municipality in the St. Paul -Minneapolis Metropolitan Area.
8. The governing body shall have the power to suspend or revoke the license of any person, partnership, firm
or corporation, licensed under the regulations of this code. Adverse action shall be based upon findings that
the licensee's work was improper, defective, or so unsafe as to jeopardize life or property. A licensee must
be given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and
when such notice is sent to the legal address of the licensee and he fails or refuses to appear at the said
hearing, his license will be automatically suspended or revoked five (5) days after the date of the hearing.
9. When a license is suspended, the period of suspension shall be not less than thirty (30) days nor more than
one (1) year, such period being determined by the governing body.
10. When any person, partnership, firm or corporation holding a license as provided herein has been convicted
for the second time by a court of competent jurisdiction for violation of any of the provisions of this code,
the governing body shall revoke the license of the person, partnership, firm or corporation so convicted.
Such person, partnership, firm or corporation may not make application for a new license for a period of
one (1) year.
11. No license granted under the terms stated herein shall become effective until the licensee shall have filed
with and approved by the Clerk of the City a policy of public liability insurance naming the City of Gem
Lake as an additional insured which shall remain and be in force and effect during the entire term of said
license and which shall contain a provision that it shall not be canceled without ten (10) days written notice
to the City Clerk. Public liability insurance shall not be less than an amount established by City Council
Resolution.
12. Each applicant for a permit to move a building or electrical transformer over any street or public right-of-
way must satisfy the Building Inspector that he is provided with sufficient and adequate insurance to
protect the municipality and the public from any and all damages which may result, either directly or
indirectly, from the moving of said building or electrical transformer.
13. A certificate of competency must be submitted by gas installers to qualify for gas line installation.
Ordinance No. 78B Building Code
14. All licenses heretofore issued and now in force and effect shall continue for one year from the date of
issuance. These licenses, may, upon expiration, be renewed in accordance with the provisions of 7.4 of this
Ordinance.
15. Persons installing sewer and water services outside buildings on private property do not have to be licensed
plumbers. They shall be classified as pipe layers and be licensed as outside sewer installers. A surety bond
shall be furnished, conditioned that the City and the person contracting to have the work done by the
license holder will be saved harmless from any loss or damage by reason of inadequate or improper work
performed by the holder of said license under the provisions of this Ordinance.
Section 8. Adoption and Enactment
1. Adopted by a unanimous vote of the City Council of Gem Lake on the 21 st day of December 2006.
2. This Ordinance No. 78B shall take effect and be in force after its adoption by the City Council and
publication in the City's official Legal Publication.
Dated: December 21, 2006
APPROVED: S ��
PL1,GGG R. (.ih21'(k(,t�
Paul R. Emeott, Mayor
Published in the White Bear Press on the 24th day of January 2007
ATTEST:
F1"W C. may,.
Frederic C. Magnuson, City Clerk
Ordinance No. 78B Building Code
City of Gem Lake, Ramsey County, Minnesota
Building Code
Ordinance No. 78B
The State Building Code was originally adopted by the City Council in Ordinance Number 10 on March 17, 1964.
The Council has since repealed Ordinance 10 and replaced it with, most recently, Ordinance No. 78 Providing for
Adoption of the Minnesota State Building Code on May 21, 2001. Since that time, the City Council has made
amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following
table indicates the original ordinance and the said amendments.
Ordinance
Description
Enactment
10
An Ordinance Adopting the Building Code by Reference
17 March 1964
24
An Ordinance Adopting the Uniform Building Code, repealing Ordinance
17 August 1971
No. 10
An Ordinance Repealing Ordinance No. 24 and Providing For: Adoption of
78
the Minnesota State Building Code; the Application, Administration and
21 May 2001
y
Enforcement of same; the Issuance of Permits and the Setting and Collection
of Fees Therefor; and Providing Penalties for Violation Thereof.
An Ordinance Repealing Ordinance No. 78 and Providing for Adoption of
78B
the Minnesota State Building Code, the Application, Administration and
21 December 2006
Enforcement of same; the Issuance of Permits and the Setting and Collection
of Fees Therefor; and Providing Penalties for Violation Thereof.
An Ordinance Amending Ordinance No. 78B to Require City Licenses for
87
Certain Home Construction Contractors, incorporated as a new Section 7 in
21 October 2008
the Ordinance
Ordinance No. 78B Building Code