Subpart 1. Scope.
This chapter provides administrative provisions for all Minnesota State Building Code rule chapters identified in part 1300.0050. If specific administrative provisions are provided in a statute or rule chapter, the specific administrative provisions apply.
Subp. 2. Minnesota Electrical Act.
Chapter 1315 shall be administered according to Chapter 3801 and the Minnesota Electrical Act, Minnesota Statutes, Sections 326B.31 to 326B.399. Provisions of this chapter that do not conflict with the Minnesota Electrical Act also apply.
Subp. 3. Minnesota Plumbing Code.
Chapter 4714, the Minnesota Plumbing Code, and applicable provisions of this chapter shall be administered and enforced statewide by the commissioner under Minnesota Statutes, Section 326B.106, subdivision 3, unless an agreement exists between the commissioner and a municipality to enforce the Minnesota Plumbing Code under Minnesota Statutes, Section 326B.43, subdivision 2.
The chapters listed in part 1300.0050, including the standards they adopt by reference, are the Minnesota State Building Code and may be cited as or referred to as the "code."
PURPOSE AND APPLICATION
Subpart 1. Purpose.
The purpose of this code is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
The purpose of the code is not to create, establish, or designate a particular class or group of persons who will or should be especially protected or benefited by the terms of the code.
Subp. 2. Application.
Subpart 1. Applicability.
The code applies to the design, construction, addition, alteration, moving, replacement, demolition, repair, equipment, installation, use and occupancy, location, maintenance, and inspection of any building, structure, or building service equipment in a municipality, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the code, and hydraulic flood control structures.
Exception: When approved by the building official, buildings, structures, or portions thereof, used exclusively by military personnel, police, fire, or first responders for training purposes may be designed to reflect actual conditions that may be encountered in field operations, maneuvers, or tactics, however, structural provisions must apply.
Subp. 2. Compliance.
Structures classified under part 1300.0070, subpart 12b, as IRC-1, IRC-2, IRC-3, and IRC-4 occupancies not more than three stories above grade plane in height with a separate means of egress shall comply with Chapter 1309 and other applicable rules. Other buildings and structures and appurtenances connected or attached to them shall comply with Chapter 1305 and other applicable rules.
Exception: The following structures that meet the scope of Chapter 1305 shall be permitted to be designed to comply with Minnesota Rules, Chapter 1311:
If different provisions of the code specify different materials, methods of construction, or other requirements, the most restrictive provision governs. If there is a conflict between a general requirement and a specific requirement, the specific requirement applies.
If reference is made in the code to an appendix, the provisions in the appendix do not apply unless specifically adopted by the code. Optional appendix chapters of the code identified in part 1300.0060 do not apply unless a municipality has specifically adopted them.
CHAPTERS OF MINNESOTA
STATE BUILDING CODE
The following chapters of the code are not mandatory but may be adopted without change by a municipality which has adopted the code:
Subpart 1. Scope; incorporation by reference.
The definitions in this part apply to parts 1300.0010 to 1300.0250. For terms that are not defined through the methods authorized by this chapter, the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.
Subp. 2. Administrative authority.
Subp. 3. [Repealed].
Subp. 4. Agricultural building.
"Agricultural building" means a building that meets the requirements of Minnesota Statutes, Section 326B.103, subdivision 3.
Subp. 4a. Approved.
"Approved" means approval by the building official, pursuant to the Minnesota State Building Code, by reason of:
Subp. 5. Building official.
Subp. 6. Building service equipment.
"Building service equipment" refers to the plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, fixtures, and other accessories, that provides sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use and occupancy.
Subp. 7. City.
"City" means a home rule charter or statutory city.
Subp. 8. Code.
For the purposes of Chapter 1300, "Code" means the Minnesota State Building Code adopted under Minnesota Statutes, Section 326B.106, subdivision 1, and includes the chapters identified in part 1300.0020.
Subp. 9. Commissioner.
"Commissioner" means the commissioner of labor and industry.
Subp. 10. Designate.
"Designate" means the formal designation by a municipality's administrative authority of a certified building official accepting responsibility for code administration.
Subp. 11a. Electric substation.
"Electric substation" means an enclosed assemblage of equipment, including switches, circuit breakers, buses, and transformers that are accessible only to employees of an electric utility or persons acting under the electric utility's control or direction, through which electric energy is passed for the purpose of switching or modifying the electric energy's characteristics to increase or decrease voltage or control frequency.
Subp. 12a. Historical building.
"Historical building" means any building or structure that is listed in the National Register of Historic Places, designated as a historic property under local or state designation law; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.
Subp. 12b. International Residential Code (IRC) occupancy classifications.
International Residential Code (IRC) occupancy classifications are as follows:
- IRC-1 single-family dwellings;
- IRC-2 two-family dwellings;
- IRC-3 townhouses; and
IRC-4 accessory structures:
Subp. 13. Mandatory terms.
"Mandatory terms" include "must" and "shall," which have the same meaning.
Subp. 14. Manufactured home.
"Manufactured home" has the meaning given in Minnesota Statutes, Section 327.31, subdivision 3, and for the purpose of determining occupancy separations, is considered a Group IRC-1 occupancy.
Subp. 15. Master plan.
"Master plan" is a plan that has been reviewed for code compliance by the building official and stamped "Reviewed for Code Compliance."
Subp. 16. Mayor and city council.
"Mayor" and "city council" mean governing body whenever they appear in the code.
Subp. 17. Municipality.
"Municipality" means a city, county, or town; the University of Minnesota; or the state of Minnesota for public buildings and state licensed facilities.
Subp. 19. Performance-based design.
An engineering approach to design elements of a building based on agreed upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives, using accepted engineering tools, methodologies, and performance criteria.
Subp. 19a. Public building.
"Public building" means a building and its grounds the cost of which is paid for by the state or a state agency regardless of its cost, and a building project for a school district or charter school the cost of which is $100,000 or more.
Subp. 20. Recyclable materials.
"Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastic, metals, automobile oil, and batteries. Refusederived fuel or other material that is destroyed by incineration is not a recyclable material.
Subp. 21. Recycling.
"Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.
Subp. 24. State building official.
"State building official" means the person who, under the direction and supervision of the commissioner, administers the code.
Subp. 25. State licensed facilities.
"State licensed facilities" means, pursuant to Minnesota Statutes, Section 326B.103, subdivision 13, a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, correctional facility, boarding care home, or residential hospice.
Subp. 26. State-owned buildings.
"State-owned buildings" means buildings and structures financed in whole or in part by state funds that are under the exclusive jurisdiction and custodial control of one or more state department or agency.
CODE ADOPTION AND AMENDMENTS
Under Minnesota Statutes, Section 326B.106, the code is adopted and periodically updated to include current editions of national model codes in general use and existing statewide specialty codes and their amendments.
Under Minnesota Statutes, Section 326B.13, subdivisions 5 and 6, amendments to the code may be proposed and initiated by any interested person. Proposed amendments must be submitted in writing on a form provided by the commissioner.
DEPARTMENT OF BUILDING SAFETY
Subpart 1. Creation of enforcement agency.
There is hereby established in the municipality a code enforcement agency and the official in charge is the designated building official. The agency is referred to in the code as the "Department of Building Safety."
Subp. 2. Appointment.
The building official shall be designated by the municipality according to Minnesota Statutes, Section 326B.133.
DUTIES AND POWERS OF BUILDING OFFICIAL
Subpart 1. General.
The building official is authorized and directed to enforce the provisions of this code. The building official has the authority to render interpretations of the code and adopt policies and procedures in order to clarify the application of the provisions. The interpretations, policies, and procedures shall comply with the intent and purpose of the code. The policies and procedures shall not have the effect of waiving requirements specifically provided for in the code.
Subp. 2. Deputies.
According to the prescribed procedures of the municipality and with the concurrence of the appointing authority, the building official may designate a deputy building official and related technical officers, inspectors, plan examiners, and other employees. The employees have the powers delegated by the building official.
Subp. 3. Applications and permits.
The building official shall receive applications, review construction documents, and issue permits for the erection, alteration, demolition, moving, and repair of buildings and structures, including all other equipment and systems regulated by the code. When requested by a permit applicant, the building official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work. The meeting shall be held at a mutually agreeable location. Municipalities may establish a fee for this service.
Subp. 4. Notices and orders.
The building official shall issue all necessary notices and orders to ensure compliance with the code. Notices and orders shall be in writing unless waived by the permit applicant, contractor, owner, or owner's agent. Notices and orders shall be based on the edition of the code under which the permit has been issued.
Subp. 5. Inspections.
The building official shall make all of the required inspections or accept reports of inspection by approved agencies or individuals. Results of inspections shall be documented on the job site inspection card and in the official records of the municipality, including type of inspection, date of inspection, identification of the responsible individual making the inspection, and comments regarding approval or disapproval of the inspection. The building official is authorized to engage an expert opinion as deemed necessary to report on any unusual technical issues that arise.
Subp. 6. Identification.
The building official and deputies shall carry proper identification when inspecting structures or premises in the performance of duties under the code.
Subp. 7. Right of entry.
If it is necessary to make an inspection to enforce the code or if the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition contrary to or in violation of the code that makes the structure or premises unsafe, dangerous, or hazardous, the building official or designee may enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the code, provided that if the structure or premises is occupied, credentials must be presented to the occupant and entry requested. If the structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
Subp. 8. Department records.
The building official shall be responsible for official records of the local Department of Building Safety for permit applications received, plans, specifications, surveys, plot plans, plan reviews, permits and certificates issued, reports of inspections, and notices and orders issued by the department. The records shall be kept according to the records management schedule of the municipality required by Minnesota Statutes, Section 138.17.
Subp. 9. Liability.
The building official, member of the Board of Appeals, or employee charged with the enforcement of the code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the code or other pertinent laws or ordinances, is not rendered personally liable and is relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official, member of the Board of Appeals, or an employee charged with the enforcement of the code, is not liable for costs in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
Subp. 10. Approved materials and equipment.
Materials, equipment, and devices approved by the building official shall be constructed and installed in the approved manner.
Subp. 11. Used material and equipment.
The use of used materials that meet the requirements of the code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.
Subp. 12. Modifications.
If there are practical difficulties involved in carrying out the provisions of the code, the building official may grant modifications for individual cases, upon application by the owner or owner's representative, provided the building official finds that special individual reason makes the strict letter of the code impractical, the modification is in compliance with the intent and purpose of the code, and the modification does not lessen health, life, and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Building Safety.
Subp. 13. Alternative materials, design, and methods of construction and equipment.
The code is not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the code, provided that any alternative has been approved. An alternative material, design, or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability, and safety. The details of any action granting or denying approval of an alternate shall be recorded and entered in the files of the Department of Building Safety. The permit applicant may request written documentation of the denial, including the reasons for the denial.
Subp. 14. Performance-based fire and life safety design.
The code official may approve performance-based fire and life safety designs if the code official finds that the proposed design has been conducted by an approved method. Approved performance-based designs are evidence of compliance with the intent of the code. Approvals under this subpart are subject to the approval of the building code official whenever the design involves matters regulated by the building code.
Subp. 15. Tests.
If there is insufficient evidence of compliance with the code, or evidence that a material or method does not conform to the requirements of the code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the municipality. Test methods shall be as specified in the code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of the tests shall be retained by the building official.
Subpart 1. Required.
An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the code; or cause any such work to be done, shall first make application to the building official and obtain the required permit.
Subp. 2. Annual permit.
In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical, or plumbing installation, the building official may issue an annual permit upon application for the permit to any person, firm, or corporation regularly employing one or more qualified trade persons in the building, structure, or on the premises owned or operated by the applicant for the permit.
Subp. 3. Annual permit records.
The person to whom an annual permit is issued shall keep a detailed record of alterations made under the annual permit. The building official shall have access to the records at all times or the records shall be filed with the building official as designated.
Subp. 4. Work exempt from permit.
Exemptions from permit requirements of the code do not authorize work to be done in any manner in violation of the code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Subp. 5. Emergency repairs.
If equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted to the building official within the next working business day.
Subp. 6. Repairs.
Application or notice to the building official is not required for ordinary repairs to structures. The repairs shall not include the opening or removal of any wall, partition, or portion of a wall or partition, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.
Subp. 7. Application for permit.
To obtain a permit, the applicant shall file an application in writing on a form furnished by the Department of Building Safety for that purpose. The application shall:
Subp. 8. Action on application.
The building official shall examine or cause to be examined applications for permits and amendments within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject the application and notify the applicant of the reasons. The building official shall document the reasons for rejecting the application. The applicant may request written documentation of the rejection and the reasons for the rejection. When the building official is satisfied that the proposed work conforms to the requirements of the code and applicable laws and ordinances, the building official shall issue a permit.
Subp. 9. Time limitation of application.
An application for a permit for any proposed work shall be considered abandoned 180 days after the date of filing, unless the application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Subp. 10. Validity of permit.
The issuance or granting of a permit or approval of plans, specifications, and computations, shall not be construed to be a permit for any violation of the code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of the code or other ordinances of the jurisdiction are not valid. Any permit issued becomes invalid if the work authorized by the permit is suspended or abandoned for more than 180 days. The 180 days commences the first day the work was suspended or abandoned.
Subp. 11. Expiration.
Every permit issued expires unless the work authorized by the permit is commenced within 180 days after its issuance. The building official shall grant, in writing, extensions of time, for periods not more than 180 days each if the applicant demonstrates justifiable cause for the extension to the building official.
Subp. 12. Suspension or revocation.
The building official may suspend or revoke a permit issued under the code if the permit is issued in error; on the basis of incorrect, inaccurate, or incomplete information; or in violation of any ordinance or regulation or the code.
Subp. 13. Information and placement of permit.
The building permit or a copy shall be kept on the site of the work until the completion of the project. Pursuant to Minnesota Statutes, Section 15.41, the permit shall specify the name and address of the applicant, and the general contractor, if one exists. All construction permits shall be posted in a conspicuous and accessible place at the premises or site of construction.
Subp. 14. Responsibility.
Every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical, or plumbing systems, for which the code is applicable, shall comply with the code. The person, firm, or organization securing the permit is responsible for code compliance for the work being performed.
Subpart 1. Submittal documents.
Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit.
Exception: The building official may waive the submission of construction documents and other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with the code.
The building officer may require plans or other data be prepared according to the rules of the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design, Chapter 1800, and Minnesota Statutes, Sections 326.02 to 326.15, and other state laws relating to plan and specification preparation by occupational licenses. If special conditions exist, the building official may require additional construction documents to be prepared by a licensed design professional.
Subp. 2. Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents 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 code and relevant laws, ordinances, rules, and regulations, as determined by the building official.
Subp. 3. Manufacturer's installation instructions.
When required by the building official, manufacturer's installation instructions for construction equipment and components regulated by the code, shall be available on the job site at the time of inspection.
Subp. 4. Site plan.
The construction documents submitted with the application for permit shall be accompanied by a site plan drawn to scale, showing the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades, and it shall be drawn according to an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official may waive or modify the requirement for a site plan if the application for permit is for alteration or repair or when otherwise warranted.
Subp. 5. Examination of documents.
The building official shall examine or cause to be examined the accompanying construction documents to ascertain whether the construction indicated and described complies with the requirements of the code and other pertinent laws and ordinances.
Subp. 6. Approval of construction documents.
Subp. 7. Previous approvals.
The code in effect at the time of application shall be applicable.
Subp. 8. Phased approval.
The building official may issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of the code. The holder of the permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.
Subp. 9. Design professional in responsible charge.
It is unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by the code, or cause any of those actions, in conflict with or in violation of the code. The building official may serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the code, or in violation of a permit or certificate issued under the code. The order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
A violation of the code is a misdemeanor under Minnesota Statutes, Section 326B.082.
Subpart 1. Schedule of permit fees.
The applicant for a permit for a building; structure; or electrical, gas, mechanical, or plumbing system or alterations requiring a permit shall pay the fee set forth by a fee schedule adopted by the municipality.
When submittal documents are required to be submitted by this chapter, a plan review fee shall be required. The plan review fee shall be established by the fee schedule adopted by the municipality.
Exception: The fee schedule adopted by the municipality may exempt minor work from plan review fees.
Subp. 2. Fees commensurate with service.
Fees established by the municipality must be by legal means and must be fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed.
Subp. 3. Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations 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. Building permit valuation shall be set by the building official.
Exceptions: Building permit valuations for the following structures shall be based on the valuation of on-site work only:
Subp. 4. Building permit fees.
Building permit fees shall be based on valuation.
Subp. 5. Plan review fees for similar plans.
When submittal documents for similar plans are approved under subpart 6, plan review fees shall not exceed 25 percent of the normal building permit fee established and charged by the jurisdiction for the same structure.
Subp. 6. Plan review of similar plans.
Subp. 7. Payment of fees.
A permit shall not be issued until the fees prescribed by the municipality have been paid.
Subp. 8. Work commencing before permit issuance.
If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee established by the municipality shall be collected whether or not a permit is issued and is in addition to the required permit fees, but it may not exceed the permit fee. The investigation fee must comply with requirements for fees in subpart 2.
Subp. 9. Fee refunds.
The municipality shall establish a permit and plan review fee refund policy.
Subp. 10. State surcharge fees.
All municipal permits issued for work under the code are subject to a surcharge fee. The fees are established by Minnesota Statutes, Section 326B.148. Reports and remittances by municipalities must be filed with the commissioner.
Surcharge fees imposed by the state are in addition to municipal permit fees. Surcharge report forms and information may be obtained by writing the commissioner.
STOP WORK ORDER
If the building official finds any work regulated by the code being performed in a manner contrary to the provisions of the code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order or a notice or order pursuant to part 1300.0110, subpart 4.
The stop work order shall be in writing and issued to the owner of the property involved, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. A person who continues work after having been served with a stop work order, except for work that the person is directed to perform to remove a violation or unsafe condition, is subject to penalties as prescribed by law. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.
UNSAFE BUILDINGS OR STRUCTURES
A building or structure regulated by the code is unsafe, for purposes of this part, if it is structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous to human life.
Building service equipment that is regulated by the code is unsafe, for purposes of this part, if it is a fire, electrical, or health hazard; an unsanitary condition; or otherwise dangerous to human life. Use of a building, structure, or building service equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this part, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in the code are unsafe building appendages.
The building official shall order any building or portion of a building to be vacated if continued use is dangerous to life, health, or safety of the occupants. The building official shall have the authority to order disconnection of utility services to the building, structure, or system, regulated by the code, in case of an emergency to eliminate a hazard to life or property. The order shall be in writing and state the reasons for the action.
All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, Sections 463.15 to 463.26.
TEMPORARY STRUCTURES AND USES
Subpart 1. General.
The building official may issue a permit for temporary structures and temporary uses.
Subp. 2. Conformance.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of the code as necessary to ensure the public health, safety, and general welfare.
Subp. 3. Termination of approval.
The building official may terminate the permit for a temporary structure or use and order the temporary structure or use to be discontinued if the conditions required in this part have not been complied with.
Subpart 1. General.
Construction or work for which a permit is required is subject to inspection by the building official and the construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection is not approval of a violation of the code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the code or of other ordinances of the jurisdiction are not valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction is liable for expense entailed in the removal or replacement of any material required to allow inspection.
Subp. 2. Preliminary inspection.
Before issuing a permit, the building official may examine, or cause to be examined, buildings, structures, and sites for which an application has been filed.
Subp. 3. Inspection record card.
The building official shall identify which inspections are required for the work requiring a permit. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card that allows the building official to conveniently make all required entries regarding inspection of the work. This card shall be maintained and made available by the permit holder until final approval has been granted by the building official.
Subp. 4. Inspection requests.
The building official shall provide the applicant with policies, procedures, and a timeline for requesting inspections. The person doing the work authorized by a permit shall notify the building official that the work is ready for inspection. The person requesting an inspection required by the code shall provide access to and means for inspection of the work.
Subp. 5. Approval required.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or an agent of the permit holder of any failures to comply with the code. Any portion that does not comply shall be corrected and the portion shall not be covered or concealed until authorized by the building official.
Subp. 6. Required inspections.
The building official, upon notification, shall make the inspections in this part. In addition to the inspections identified in this subpart, see applicable rule chapters in part 1300.0050 for specific inspection and testing requirements.
Subp. 7. Inspection agencies.
The building official is authorized to accept inspection reports by approved agencies.
Subpart 1. Inspections, testing, and permits.
Subp. 3. Covering of work.
No building drainage or plumbing system or part thereof shall be covered until it has been inspected, tested, and approved as herein prescribed.
If any building drainage or plumbing system or part thereof is covered before being regularly inspected, tested, and approved, as herein prescribed, it shall be uncovered upon the direction of the proper administrative authority.
Subp. 4. Building sewer.
The building sewer shall be inspected by the proper administrative authority to ensure compliance with the provisions of the code.
Subp. 5. Certificate of approval.
Upon the satisfactory completion and final inspection of the plumbing system, a certificate of approval shall be issued by the proper administrative authority.
Subp. 6. Plans and specifications.
Prior to the installation by any person, corporation, or public agency, of a system of plumbing that serves the public or that serves any considerable number of persons, or any plumbing system that shall affect the public health in any manner, complete plans and specifications, together with any additional information that the commissioner of labor and industry may require, shall be submitted and approved by the commissioner. The appraisal of the commissioner shall reflect the degree to which these plans and specifications affect the public health and conform to the provisions of the Minnesota Plumbing Code. No construction shall proceed except in accordance with approved plans and specifications. Any material alteration or extension of the existing system shall be subject to these same requirements. This rule shall not apply to cities of the first class, except those plumbing installations in state-licensed health care facilities or in buildings in these cities owned by the state government.
Except as approved in Chapter 4714, there shall be no physical connection between water supply systems that are safe for domestic use and those that are unsafe for domestic use. There shall be no apparatus through which unsafe water may be discharged or drawn into a safe water supply system.
CERTIFICATE OF OCCUPANCY
Subpart 1. Use and occupancy.
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building, structure, or portion of a building or structure shall be made until the building official has issued a certificate of occupancy for the building or structure under this part. Issuance of a certificate of occupancy is not approval of a violation of the code or other ordinances of the municipality. Certificates presuming to give authority to violate or cancel the code or other ordinances of the municipality are not valid.
Exception: A municipality has the option of requiring certificates of occupancy for:
Subp. 2. Existing structures.
The legal occupancy of any structure existing on the date of adoption of the code shall be permitted to continue without change.
Subp. 3. Change in use.
Changes in the character or use of an existing structure must comply with Chapter 1305 or 1311.
Subp. 4. Moved buildings.
Buildings or structures moved into or within a jurisdiction shall comply with the provisions of the code for new buildings or structures.
Subp. 5. Certificate issued.
After the building official inspects a building or structure and finds no violations of the code or other laws that are enforced by the Department of Building Safety, the building official shall issue a certificate of occupancy containing the following:
Subp. 6. Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that the portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.
Subp. 7. Revocation.
The building official may issue a written suspension or revocation of a certificate of occupancy issued under the code if the certificate is issued in error or on the basis of incorrect information supplied, or if the building or use of the building, structure, or portion of the building or structure is in violation of any ordinance or regulation or a provision of the code.
All buildings and structures, both existing and new, and all parts of the buildings or structures, shall be maintained in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in conformance with the code editions under which the devices or safeguards are installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. A building official is authorized to require reinspection of a building or structure if the building official is unable to determine whether or not the building or structure complies with this part.
BOARD OF APPEALS
Subpart 1. Local board of appeals.
In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be designated by the governing body. Appeals hearings must occur within ten working days from the date the municipality receives a properly completed application for appeal. If an appeals hearing is not held within this time, the applicant may appeal directly to the State Building Code Appeals Board.
The board shall adopt rules of procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official and to the state building official within five working days of the decision. For jurisdictions without a board of appeals, the appellant may appeal to an appeals board assembled by the state of Minnesota, Department of Labor and Industry's Construction Codes and Licensing Division.
Subp. 2. Qualifications.
The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the affected jurisdiction.
Subp. 3. Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
Subp. 5. Final interpretive authority.
In accordance with Minnesota Statutes, Section 326B.127, subdivision 5, the commissioner has final interpretive authority to all codes adopted as part of the State Building Code, except for the State Plumbing Code, the State Electrical Code, and the State High Pressure Piping Code.
The inclusion of specific requirements relative to the manner of installation of any building or portion of any building or building equipment in one or more parts of the code does not limit this procedure to any particular type of installer or provide a basis upon which determination of the right to perform a procedure shall be made. The authority for this determination is in the various licensing statutes or ordinances for each type of installer who performs the work.
The invalidity of any provision of the Minnesota State Building Code does not affect any other provisions of the code that can be given effect without the invalid provision and, to this end, the provisions of the code are declared to be severable.