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Ord 179 Adopt State Building CodeCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 179 (CODIFIED AS ORDINANCE NO. 502) AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE, PROVIDING FOR ITS ENFORCEMENT AND REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTER- ATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY AND MAIN- TENANCE OF BUILDINGS OR STRUCTURES AND PROVIDING FOR THE ISSUANCE OF PERMITS; REPEALING ORDINANCE NO. 502 OF THE CITY OF MENDOTA HEIGHTS AND ALL OTHER ORD- INANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. SECTION I. ADOPTION OF THE MINNESOTA STATE BUILDING CODE The City of Mendota Heights hereby adopts by reference the Minnesota State Building Code, one (1) copy of which is marked as "Official Copy" and is filed for reference and inspection in the office of the City Clerk. Every provision contained in said Minnesota State Building Code, including without limitation on all appendices and supplementary material thereto, is hereby adopted and made a part of this ordinance as if fully set forth herein except as hereinafter provided. Said Minnesota State Building Code combined with the provisions of this ordinance shall be known as the "Building Code". SECTION 2. IMPLEMENTATION AND ENFORCEMENT 2.1 The City of Mendota Heights shall implement and enforce the Building Code within the territorial limits of the City of Mendota Heights. 2.2 The Building Department of the City of Mendota Heights is the Code Enforcement Department, the Code Enforcement officer appointed by the City Council is the Building official Administrative Authority, and the City Council is the Appointing Authority wherever those terms are used in the Building Code. 2.3 The Code Enforcement Officer appointed by the City Council is hereby authorized to carry out the implementation and enforcement of the pro- visions of the Building Code and to delegate authority thereunder to any of his subordinates appointed as such by the City Council. 2.4 Right of Entry. Upon presentation of proper credentials, the Code Enforcement Officer or his duly authorized representatives may enter at any reasonable time any building, structure, or premises in the City to perform the duties imposed upon him by the Building Code. 2.5 Stop Orders. Whenever any work is being performed contrary to the provisions of the Building Code, the Code Enforcement officer may order the work stopped by writtennotice served on persons engaged in doing or causing such work to be performed, and such persons shall forthwith stop such work until otherwise authorized by the Code Enforcement officer. 2.6 Occupancy Violations. Whenever any building is being used contrary to the provisions of the BuildingCode the Code Enforcement officer shall issue notice and order such use discontinued. The notice and order shall: -2- • 2.'6(1) Be in writing;, 2.6(2) Describe the location and nature of violation; 2.6(3) Establish a reasonable time for the remedy of any violation; 2.6(4) Be served upon the owner or his agent or the occupant, as the case may require. Such notice may be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is either served upon him personally, or sent by registered mail to his last known address, or if personal service cannot be made or if no address is known then such service shall be made by posting such notice in a conspicuous place in or about such buiding. 2.7 Violations and Penalties. It shall be unlawful for any person, firm or cor- poratioh to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish, equip, use, occupy or maintain any building or system in the City of Mendota Heights, except an agricultural building as defined in Minnesota Statutes, Section 16.84, Subdivision 6, or cause the same to be done, contrary to or in violation of the provisions of.the Building Code. Any person, firm, or corporation who does any act which constitutes a violation of the Building Code shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment, plus the costs of prosecution in any case. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 3. PERMITS AND INSPECTIONS 31. Permits Required. Except as otherwise expressly stated in the Building Code, no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the City of Mendota Heights, except an agricultural building, as that term is defined in Minnesota Statutes, Section 16.84, Subdivision 6, or cause the same to be done without first obtaining an appropriate permit from the Code Enforcement Officer. 3.2 Approval of Plans. All building construction plans submitted with an appplication for a building permit shall be signed as being approved by a registered architect or engineer. Single and two-family structures (including detached garages or accessory structures) are excepted from this requirement. 3.3 License Required. Before any person shall engage in the business of doing any of the work listed in the Building Code, he shall first obtain a license to do so as provided for by the licensing regulations of the City of Mendota Heights except that a license shall not be required when the owner occupant of any property repairs, alters, converts, or erects a structure without remuneration and such work is done solely upon the premises owned and occupied by said person or persons. All such work shall require a building permit and other applicable permits and shall conform to all applicable provisions of the Building Code or other applicable codes. 3.4 Issuance of Permits. The application, plans and specifications filed in support of a permit shall be reviewed by the Code Enforcement Officer to asure conformance to the requirements of the Building Code and compliance with other -3- laws and ordinances of the City. Upon payment of the permit fee and state surcharge provided therefor, the Code Enforcement Officer shall formally endorse the submitted plans and specifications as "Approved" and shall issue a permit therefor to the applicant. Approved plans and specifications shall not be changed, modified, or altered during construction or installation without authorization from the Code Enforcement Officer. The Code Enforcement Officer may issue a "partial permit" for the construction or installation of a part of a building or system before the complete plans and specif- ications have been submitted, provided that adequate information and detailed statements have been submitted complying with pertinent requirements of the Building Code. The issuance of such a "Partial permit"' shall not represent unqualified assurance that a permit for the entire building or system will be issued. The issuance of a permit shall under no circumstances be construed as a license to violate any of the provisions of the Building Code. The issu- ance of a permit based upon erroneous or ambiguous plans and specifications shall not be deemed to constitute approval to violate provisions of the Building Code or of any other ordinances of the City. 3.5 Permit Expiration, Suspension, or Revocation. Every permit issued by the Code Enforcement Officer under the provisions of the Building Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a consecutive period of 180 days at any time after the work is commenced. Within a one year period from the date of expiration an expired permit may be renewed provided there are no changes proposed from the original plans and specifications and provided that a fee is paid amounting to one-half of the amount required for the original permit. The Code Enforcement officer may, in writing, suspend or revoke a permit issued under the provisions of the Building Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in the case of violation of any ordinance or regulation or any of the pro- visions of the Building Code. 3.6 inspections. All work for which a permit is required shall be subject to inspection by the Code Enforcement Officer and his representa tives. The Code Enforcement Officer may require the permitee to employ an approved, qualified special inspector who shall work under the jurisdiction of the Code Enforcement Officer in inspecting construction work involving specialized knowledge and skill. Permitees shall cooperate with the Code Enforcement Officer in calling for inspections on those segments of the work as determined by the Code Enforcement Officer. No reinforcing steel or structural framework or other system work shall be covered or concealed without first obtaining the approval of the Code Enforcement Officer. There shall be a final inspection and approval of all buildings and systems when completed and ready for occupancy and use. 3.7 Should the Code Enforcement Officer find that the construction or alteration for which a permit was issued is not proceeding according to the plans and specifications submitted to him, he shall give written notice to the - 4 - person to whom such permit was granted or the person in charge of such construction or alteration of such finding, and of the particulars in which such plans or specifications are not being complied with, whereupon such construction or alteration shall be made to conform to said plans and specifications. If after such notice the corrections are not made to make such construction or alteration conform to such plans and specifications, the Code Enforcement Officer shall revoke the permit by a written notice to be given to the person to whom such permit was granted or to the person in charge of such construction or alteration. SECTION 4. ADOPTION This ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an Ordinance this 7th day of April, 1981. CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor ATTEST: k-athleen M. Swanson City Clerk