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.
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.
Chapter 4715, 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
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.
A. The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, and repair of buildings and other structures of the type governed by the code, except as provided in Minnesota Statutes, Section 326B.121.
B. The codes and standards referenced in a rule chapter are considered part of the requirements of the code to the prescribed extent of each reference. If differences occur between provisions of the code and referenced codes and standards, the provisions of the code apply.
C. In the event that a new edition of the code is adopted after a permit has been issued, the edition of the code current at the time of permit application shall remain in effect throughout the work authorized by the permit.
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.
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.
(1) existing buildings undergoing repair, alteration, change of occupancy, addition, or being moved; and
(2) historic buildings.
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 Minnesota State Building Code adopted under Minnesota Statutes, Section 326B.106, subdivision 1, includes the following chapters:
The following chapters of the code are not mandatory but may be adopted without change by a municipality which has adopted the code:
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.
“Administrative authority” means a municipality’s governing body or its assigned administrative authority.
“Agricultural building” means a building that meets the requirements of Minnesota Statutes, Section 326B.103, subdivision 3.
“Approved” means approval by the building official, pursuant to the Minnesota State Building Code, by reason of:
A. inspection, investigation, or testing;
B. accepted principles;
C. computer simulations;
D. research reports; or
E. testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.
“Building official” means the municipal building code official certified under Minnesota Statutes, Section 326B.133, subdivisions 2 and 3.
“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.
“City” means a home rule charter or statutory city.
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.
“Commissioner” means the commissioner of labor and industry.
“Designate” means the formal designation by a municipality's administrative authority of a certified building official accepting responsibility for code administration.
“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.
International Residential Code (IRC) occupancy classifications are as follows:
B. storage sheds; and
C. similar structures.
“Mandatory terms” include “must” and “shall,” which have the same meaning.
“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.
“Master plan” is a plan that has been reviewed for code compliance by the building official and stamped “Reviewed for Code Compliance.”
“Mayor” and “city council” mean governing body whenever they appear in the code.
“Municipality” means a city, county, or town; the University of Minnesota; or the state of Minnesota for public buildings and state licensed facilities.
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.
“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. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.
“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.
“State building official” means the person who, under the direction and supervision of the commissioner, administers the code.
“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.
“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
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.”
The building official shall be designated by the municipality according to Minnesota Statutes, Section 326B.133.
DUTIES AND POWERS OF BUILDING OFFICIAL
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.
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.
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.
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.
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.
The building official and deputies shall carry proper identification when inspecting structures or premises in the performance of duties under the code.
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.
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.
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.
Materials, equipment, and devices approved by the building official shall be constructed and installed in the approved manner.
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.
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.
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 approval of an alternate shall be recorded and entered in the files of the Department of Building Safety.
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.
A. Design goals, objectives, and performance criteria shall be approved by the code official before submission of a performance-based design report, calculations, or analysis results. As a minimum, an approved performance-based design shall address the following objectives:
(1) life safety of occupants;
(2) firefighter safety;
(3) property protection;
(4) continuity of operations; and
(5) safeguarding of the environment.
B. To determine the acceptability of a performance-based design, the code official may require the owner or agent to provide, without charge to the jurisdiction, a technical opinion and report. The code official may require the technical opinion and report to be prepared by, and bear the stamp of, a licensed design professional.
C. Performance-based designs shall be prepared by, and bear the stamp of, a licensed design professional competent in the area of work. The design professional shall provide written confirmation to the code official before a certificate of occupancy is issued that the performance-based design has been properly implemented, the operation or use of the building is within the limitations of the design, and adequate controls are in place to maintain compliance with the conditions of the design throughout the life of the building.
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.
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.
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.
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.
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:
(1) One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 200 square feet (60 960 mm2);
(2) Fences not over seven feet (2134 mm) high;
(3) Oil derricks;
(4) Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids;
(5) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1;
(6) Sidewalks and driveways that are not part of an accessible route;
(7) Decks and platforms not more than 30 inches (762 mm) above adjacent grade and not attached to a structure with frost footings and which is not part of an accessible route;
(8) Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work;
(9) Temporary motion picture, television, and theater stage sets and scenery;
(10) Prefabricated swimming pools installed entirely above ground accessory to dwelling units constructed to the provisions of the International Residential Code or R-3 occupancies constructed to the provisions of the International Building Code, which do not exceed both 5,000 gallons in capacity (18 925 L) and a 24-inch (610 mm) depth;
(11) Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support, when constructed under the International Residential Code or Group R-3 and Group U occupancies constructed to the provisions of the International Building Code;
(12) Movable cases, counters, and partitions not over five feet, nine inches (1753 mm) in height; and
(13) Swings and other playground equipment.
Unless otherwise exempted, plumbing, electrical, and mechanical permits are required for subitems (1) to (13).
(1) Portable heating, cooking, or clothes drying appliances;
(2) Replacement of any minor part that does not alter approval of equipment or make the equipment unsafe; and
(3) Portable fuel cell appliances that are not connected to a fixed piping system and are interconnected to a power grid.
(1) Portable heating appliances;
(2) Portable ventilation appliances and equipment;
(3) Portable cooling units;
(4) Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code;
(5) Replacement of any part that does not alter approval of equipment or make the equipment unsafe;
(6) Portable evaporative coolers;
(7) Self-contained refrigeration systems containing ten pounds (4.5 kg) or less of refrigerant or that are actuated by motors of one horsepower (0.75 kW) or less; and
(8) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
D. Electrical: a municipality must not require an electrical permit if the work falls under the jurisdiction of the commissioner or if the work is exempt from inspection under Minnesota Statutes, Section 326B.36, subdivision 7. This exemption does not exempt the work from other State Building Code requirements relating to electrical equipment.
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.
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.
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:
A. Identify and describe the work to be covered by the permit for which application is made;
B. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;
C. Indicate the use and occupancy for which the proposed work is intended;
D. Indicate the type of construction;
E. Be accompanied by construction documents and other information as required by the code;
F. State the valuation of the proposed work;
G. Be signed by the applicant, or the applicant’s authorized agent; and
H. Give other data and information required by the building official.
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.
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.
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.
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.
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.
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.
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.
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.
The building official 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.
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.
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.
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.
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.
A. If the building official issues a permit, the construction documents shall be approved in writing or by a stamp, stating “Reviewed for Code Compliance,” dated, and signed by the building official or an authorized representative. One set of the construction documents that were reviewed shall be retained by the building official. The other set shall be returned to the applicant, kept at the site of the work, and open to inspection by the building official or an authorized representative.
B. Any code deficiencies identified by the building official during the plan review process for construction documents that are prepared by a design professional who is licensed or certified under Minnesota Statutes, Sections 326.02 to 326.15, must be itemized by the building official through a comprehensive plan review letter only. Any code deficiencies identified by the building official during the plan review process for construction documents that are not prepared by a licensed or certified design professional may be marked directly on the document or itemized by the building official through a comprehensive plan review letter. The issuance of a permit based on construction documents and other data does not prevent the building official from requiring the correction of errors in the construction documents and other data. All sets of required construction documents, including the site copy, municipality copy, or inspector copy, must be marked identically by the building official, with one copy retained by the building official after construction is completed. Work regulated by the code must be installed according to the reviewed construction documents. Work that does not comply with approved construction documents must not precede until the applicant submits changes that are approved by the building official.
The code in effect at the time of application shall be applicable.
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.
A. The building official may require the owner to engage and designate on the building permit application a licensed design professional who shall act as the licensed design professional in responsible charge. If the circumstances require, the owner shall designate a substitute licensed design professional in responsible charge who shall perform the duties required of the original licensed design professional in responsible charge. The building official shall be notified in writing by the owner if the licensed design professional in responsible charge is changed or is unable to continue to perform the duties.
B. For the purposes of this part, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.
C. Work regulated by the code shall be installed according to the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
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.
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.
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.
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.
A. Manufactured homes containing a Housing and Urban Development (HUD) certification label;
B. Prefabricated buildings with a Department of Labor and Industry prefabrication label; and
C. Industrialized/modular buildings with an Industrialized Building Commission (IBC) label.
Building permit fees shall be based on valuation.
A. One- and two-family dwelling maintenance permits for roofing, siding, windows, doors, or other minor projects may be charged a fixed fee; and
B. Permits for plumbing, mechanical, electrical, or other building service equipment systems may be based on valuation or charged a fixed fee.
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.
A. Any number of similar buildings may be built from a master plan if:
(1) Plan review fees have been paid for the master plan;
(2) A code change has not occurred that impacts the design of a master plan;
(3) The similar building has the same physical dimensions and structural design as the master plan;
Exception: The following modifications to the master plan are not considered to be significant modifications, according to Minnesota Statutes, Section 326B.106, subdivision 1, and are permitted for dwelling units and their accessory structures built to the International Residential Code, and residential occupancies built to the International Building Code that are three stories or less in height and their accessory structures:
(a) foundation configurations of walkout, lookout, and full basements;
(b) alternate foundation materials approved by the building official;
(c) roof design changed by a revised truss plan approved by the building official; and
(d) other modifications approved by the building official;
(4) occupancy groups other than those identified in the exceptions listed in part 1300.0160, subpart 6, item A, subitem (3), must be the same type of construction and occupancy classification and must have the same exit system;
(5) the similar plan is based on a master plan for which the municipality has issued a permit within the last 12 months.
B. Plan review fees for similar building plans must be based on the costs commensurate with the direct and indirect cost of the service, but must not exceed 25 percent of the normal building permit fee established and charged by the municipality for the same structure.
C. The plan review fee charged for similar building plans applies to all buildings regulated by the code regardless of occupancy classification including industrialized/modular buildings constructed under a program specified in Minnesota Statutes, Section 326B.194.
D. The applicant must submit a new plan set and other information as required by the building official for each building reviewed as a similar building.
A permit shall not be issued until the fees prescribed by the municipality have been paid.
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 municipality shall establish a permit and plan review fee refund policy.
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
The building official may issue a permit for temporary structures and temporary uses.
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.
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.
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.
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.
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.
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.
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.
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.
A. Footing inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. Materials for the foundation shall be on the job, except that concrete need not be on the job if the concrete is ready mixed according to approved nationally recognized standards.
(1) Foundation inspections for poured walls shall be made after all forms are in place with any required reinforcing steel and bracing in place, and prior to pouring concrete.
(2) All foundation walls shall be inspected prior to backfill for specific code requirements.
(3) The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment.
C. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
D. Rough-in inspections of plumbing, mechanical, gas, sprinklers, alarms, and electrical systems shall be made before covering or concealment, before fixtures or appliances are set or installed, and before framing inspection.
E. Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping, and bracing are in place and after the plumbing, mechanical, and electrical rough inspections are approved.
F. Energy efficiency inspections shall be made to determine compliance with Minnesota Energy Code requirements.
G. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, are in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.
H. Protection of joints and penetrations in fire-resistance-rated or smoke-resistance-rated assemblies shall not be concealed from view until inspected and approved.
I. Installation of manufactured homes (mobile homes) shall be made after the installation of the support systems and all utility service connections are in place, but before any covering material or skirting is in place. Evaluation of an approved anchoring system is part of the installation inspection.
J. Fireplaces must be inspected for compliance with applicable requirements of the code and the manufacturer’s installation instructions.
K. A final inspection shall be made for all work for which a permit is issued.
L. Special inspections shall be as required by the code.
M. In addition to the inspections in items A to K, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the code and other laws that are enforced by the Department of Building Safety.
The building official is authorized to accept inspection reports by approved agencies.
A. For purposes of this part, “administrative authority” is defined in part 4715.0010, subpart 2.
B. Except as provided in item C, new plumbing systems or parts of existing plumbing systems that have been altered, extended, or repaired shall be tested and approved by the administrative authority before the plumbing system is put into use. The administrative authority shall perform the final inspection and witness the test. The administrative authority shall approve the plumbing system if the system complies with the requirements of this code, any permit requirements, and the requirements of any plan approved pursuant to subpart 6. Plumbing system tests shall comply with part 4715.2820.
C. Unless the plumbing work poses an unsanitary or hazardous condition, the administrative authority is authorized to waive the permit, inspection, and testing requirements for the following plumbing work performed in one- and two-family dwellings:
(1) The reconnection of an existing water supply line to a replacement appliance that does not involve the replacement or alteration of the existing water supply line;
(2) Replacement of the internal working components of existing water closets, faucets, or valves;
(3) Replacement of sink faucets when the work does not include alterations to the existing plumbing piping system; or
(4) Replacement or resetting of water closets when the work does not include alterations to the existing plumbing piping systems.
D. The administrative authority is permitted to waive testing requirements for plumbing work that does not include any addition to or replacement, alteration, or relocation of any water supply, drainage, or vent piping, if it does not create a hazardous or unsanitary condition.
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.
The building sewer shall be inspected by the proper administrative authority to ensure compliance with the provisions of the code.
Upon the satisfactory completion and final inspection of the plumbing system, a certificate of approval shall be issued by the proper administrative authority.
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 4715, 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
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.
A. “U” occupancies constructed under the International Building Code;
B. Accessory structures constructed under the International Residential Code; or
C. Used manufactured homes moved into or within a jurisdiction.
The legal occupancy of any structure existing on the date of adoption of the code shall be permitted to continue without change.
Changes in the character or use of an existing structure must comply with Chapter 1305 or 1311.
Buildings or structures moved into or within a jurisdiction shall comply with the provisions of the code for new buildings or structures.
A. Buildings designed to comply with Chapter 1311; or
B. A residential building relocated within or into a municipality need not comply with the Minnesota Energy Code or Minnesota Statutes, Section 326B.439.
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:
A. The building permit number;
B. The address of the structure;
C. The name and address of the owner;
D. A statement that the described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified;
E. The name of the building official;
F. The edition of the code under which the permit was issued;
G. The use and occupancy classification;
H. The type of construction;
I. If an automatic sprinkler system is provided; and
J. Any special stipulations and conditions of the building permit.
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.
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
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.
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.
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.
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.