HomeMy WebLinkAbout2003-21 12-18 APSTATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun -Post and has full
knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Thursday, the 18 day of
December 2003, and was thereafter printed and published on every Thursday to and
including Thursday, the day of 2003; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and publicaiio •e notice:
Not
abcdefghijklmnopq
Subscribed and sworn to r affirmed -fore me
on this `'mow day of c?J 2003.
MERIDEL M. HEDBLOM
NOTARY PUBUC•MINNESOTA
MY COMMISSION EXPIRES 1414005
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
newspapers
AFFIDAVIT OF PUBLICATION
BY:
CFO
RATE INFORMATION
2.85 per line
6.20 per line
1.40 per line
q
Occupancy olations Wheneveranyb ildingis ing
u con to the provisi of the building col e, the
building shall issue n otice and order such use
ed trary i i
i tliscontin u
The ziotice andorder
I, Beinwriting.
2 Do scribe the locatiomand nature of violation:
3. .Esteblish a reasonable time for the remedy of any
violation
(Offioial Publication)
nee .0P OEDINANCE
o1ID TNANCE NO. 2003-21
AN ORDINANCE RELATING TO THE'BROOKLYN
CENTER BUILDING CODE: AMENDING BROOK
LYN CENTER CITY 2401, 2402,
,APTD 3.103
THE CITY COUNCIL OF THE CITY OF
BROOKLYN CENTER ORDAINS THAT SECTIONS
3 -101, 3-102 AND 3 -103 OF THE BROOKLYN CEN-
TER CITY CODE ARE AMENDED AS FOLLOWS:
Section 3 -101 Building Code. The Minnesota State
Building Code, established pursuant to Minnesota
Statutes, Sections 16B.59 to 16B.75, one copy of which is
on me, in the office of the city clerk is hereby adopted as the
building code for the City of Brooklyn Center. Such code is
hereby incorporated in this ordinance as completely as if
set out in full.
The following chapters of the Minnesota State Building
Code are adopted and incorporated as part of the building
code for the City of Brooklyn Center:
1300 Administration of the [Minnesota] State Building
Code
1301- ,Building Official Certification
1302 Construction Approvals
1303 Minnesota Provisions of the State Building Code
5.14.11 Adoption 'of the 11997" Uniforrh'Building Code
including Appendix Chapters] 2000" 'International
Building Code
[a. 3, Division I, Detention and Correctional Facilities]
[b. 12, Division II, Sound Transmission Control[
[c. 29, Minimum Plumbing Fixtures]
[5.] 1307 Elevators and Related Devices
7. 1309 2000 International Residential Code
8, 1311- Rehabilitation of Existing Buildings
9. [6.J 1315 Adoption of the 11996] 2002 National Elec-
trical Code
10 [7.] 1325 Solar Energy Systems
[8. 1330 Fallout Shelters]
11. [9.] 1335 Floodproofing Regulations
12. [101 1341 Minnesota Accessibility Code
a 111.] 1346 Adoption of the 1991 Uniform Mechanical
Code
14. [12.] 1350 Manufactured Homes
15. [13.] 1360 Prefabricated [Homes] Buildings
16. 1361 Industrialized/Modular Buildings
17. [14.1 1370 Storni Shelters (Manufactured Home
Parks)
a 15.1 4715 Minnesota Plumbing Code
19. 7510 Minnesota Fire Code
20. [16. 7670 -1 Minnesota Energy Code, Minnesota Rules
Chapter 7670 as provided in Minnesota Statutes
Section 16B.617. and Minnesota Rules. Chanters
7672 7674. 7676 and 7678.
B. The following optional appendix chapters of the [1997
Uniform] Minnesota State Building Code are hereby
adopted and incorporated as part of the building code for
the City of Brooklyn Center:
1. 3, Division III. 1992, One- and Two Family Dwelling
Code]
[2. 15, Reroofing]
[3. 19, Exposed Residential Concrete]
[4. 31, Division II, Membrane Structures]
1 [5.] 33 E, Excavation and Grading
[C. The following optional chapters of Minnesota Rules are
hereby adopted and incorporated as part of the building
code for the City of Brooklyn Center:]
2. [1.] 306, Special Fire Protection Systems, with [op-
tion 8] Subpart 2
[2. 1310, Building oecurity]
3. 1335, Fh odproofng regulations parts 1335.0600 to
1335.1200.
Section 3 -102. IMPLEMENTATION AND
ENFORCEMENT
x f
f under the.aJministration
of the a director [of planning and
ins nl, is hereby authorized to implement.and enforce
the @ions ttf the:building code ancI- to/delegate
this suborduiates i
ght of Entry. 'Upon presentation presentation of proper
cre #ntials the building, official t r his duly authorized-
plesentatives may enter at reasonable times any
Structure, or premises in the City to perform the.
dues imposed upon him by the building code,
.ro RJa .0 i..r
C., Stop Orders Whenever any work is being performed
ciptrary to the provisions o£, the building code, the
b2ilding official may order the, work stopped; by written
nitice served on persons engage r doing pr causingauch
vprk to he performed„ and such persons sllall.forthith
sop such wgrkuntilotheagvyiSO.authtsr bl tie buildu
c181
is 'agent or the
I.. case•may requite 'Rich notice may
be deenied to be properly served upon such owner or
agent, or Upon any such occupant; if a copy 'thereof
is served upon him personally, or, pent by registered-
mail to -his lest known" address, or as a last resort
posted i n a conspicuous place in or about a subject
building.
E. Hazardous and Subetaridard Buildings. All buildings
which., are structurally; unsafe,' or not provided with
adequate a ess, or which constitute a fire hazard, or are
otherwise dangerous to human life, or which in relation to
existing use constitute a. hazard to safety or health or
,public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment are hereby
declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition, or removal in accordance
with the provisions of Minnesota Statutes 463,15 through
463.26.
F, Board of Appeals. A Board of Appeals is hereby
created, for the purpose of hearing and rendering a
determination regarding conflicting interpretations of the
provisions of the building code and regarding conflicting
opinions of the suitability of alternate materials and
methods of construction. The Board of Appeals shall
consist of the city council which may engage qualified
persons to provide technical advice on matters under
consideration. Appeals to the board must be filed in
writing With the city clerk. Within thirty days after an
appeal is filed the Board of Appeals shall hear the appeal,
providing not less than five business days notice to the
appellant of the time and place for hearing the appeal. All
decisions of the board shall be reported to the state
building inspector within fifteen days after such decision
is made.
G. Violations and Penalties. It shall be unlawful for any
person, firm, or corporation to erect,_construct, enlarger alter, repair, move „improve, remove, convertor demolish,
equip, use, occupy, or maintain any building or system, or
cause the same to be done, contrary to or in violation of the
provisions of the building code. Any person, firm. or
corporation who does any act or admits to do any act which
constitutes a violation of the building code shall, upon
conviction thereof by lawful authority, be punishable by a
fine not to exceed one thousand dollars )$1,000) or by
imprisonment not to exceed ninety (90) days, or by both
such fine and imprisonment together with the costs of
prosecution. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be
punishable as such hereunder.
Section 3 -103. PERMITS AND INSPECTIONS.
A. Permits Required. No person, firm, or corporation
shall erect, construct, enlarge, alter, repair, improve,
remove, convert, move, or demolish any building or
structure in the City, or cause the same to be done, nor shall
any perywa, firm, or corporation install, alter, or repair any
of the following systems without first obtaining an
appropriate permit from the building official as follows:
1. Building Permit
2. Plumbing System Permit
Electric System Permit
Mechanical System Permit
Fire Suppression
Fire Alarm
B. Eligibility for Permits. Any person is hereby declared
eligible for a building permit, plumbing system permit,
electric system permit, and mechanical system permit to
do work which complies with the provisions of the building
code on premises or that part of premises owned and
actually occupied by hiin as his homestead. However. no
permit will be issued to other than Minnesota licensed
plumbers for connections to the City sewer and water
systems. Any person engaged in the business of installing
water softeners shall be eligible for a plumbing system
permit to connect water softening or filtering equipment,
provided openings have been left for that purpose making
it unnecessary to extensively rearrange or alter the water
piping system.
Otherwise, permit issuance shall be limited as follows:
Permits to do work on plumbing systems shall be issued
only to Minnesota licensed plumbers, permits to do work
on electric systems shall be issued only to Minnesota
licensed electricians, and mechanical system permits shall
be issued only to those licensed by the City of Brooklyn
Center or to Minnesota licensed plumbers.
C. Application for Permits. To obtain a permit the
applicant shall first file a written application therefor on a
form furnished for that purpose. Application shall:
1. Identify and describe the work to be covered by the
permit.
2. Describe the specific location at which the
proposed work is to be done.
State the intended use or occupancy in the case of a
building permit..
State the valuation of the proposed work aiad be
accompanied by construction documenta and other
ygtbrmatio as reoui the c ode.
5, B si by the permittee or,his authorized agent.
6 Provide such o ther information as reasonably
maybe required by the building o fficial,
D Submission of "Plans and Specifications. t, Each
application for a buildingpermit eha11mclude Iat least two
seta ofplans and specifications i n=Ehe case•ofone an tw
family dw -and resident accessory bu ildings;. and]
at least tbree seta o f plang.and a ific,$jons..[in the case]
for one and two family dwe and reside ntial accessory
fbuildine ultiipl famil dwelling and accessorr
buildings gs, industrial buildings, and
of ar nonr ial buildings. .Building plans and
spetificatione s bear the certifica of a`Minnesota
gisat erchiteob and/or engineer in the cas of alt
r� y buildings and nonresidential buildings,.
er baseg`ahen required by the building
o fficial; Ablie discretion of the building official plane and
sp need not be submitted for the following:
(1. One -story building additions of Type V
conventional wood stud c with an area not;
exceeding 600 sq. ft
Group U, Divisio 1, occupa of Type V
conventional wood stud cons tru c tion.]
I 3 :17:011e' jects.l
Plans cifications shall be drawn with suff
clarity Mjetaiil .to assure total conformity with'
,.ae determ
by the
proylsions orthe buildin rode
building official Computations, stress diagrams, and•'
oth d sutllcient to the plan detail shall be`
bmitted when required by the.building official.
Plans for all new one and two family residential buildings
and building additions shall include an accurat
dimensioned plot plan showing the size and location o f all
existing and proposed buildings, and the legal boundaries
of the property. An accurate survey of the property
certified by a- Minnesota registered land surveyor shall be
aubinitted whensequired by the building official. Plans for
all other buildings and building additions shall include an e
accurate dimensioned site plan as a pproved under the
requirements;of the zoning ordinance.
Information appropriately certified, relative to soil
conditions, topography, and the like shall be submitted as
required by the bu ild i n g official.
Each application for a plumbing system, electrical system, I
or mechanical system permit shall include detailed plans
and specifications when required by the building official.
Such plans and specifications shall bear the certification of
a Minnesota registered architect and/or engineer when
required by the building official.
E. Issuance of Permits. The application, plans, and
specifications filed in support of a permit shall be reviewed
by the building official to assure conformance to the
requirements of the building code and compliance with
other laws and ordinances of the City. Upon payment of an
established permit fee the building official shall formally
endorse the submitted plans and specifications as
"approved" and shall issue a permit therefor to the
applicant. Approved plans and specifications shall not be
changed, modified, or altered during construction:nr 11
installation without authorization from the building
official. The bull(dlip, offreial a issue a "partial permit
for the construction, or, e$rox;'er -4; Zartnf a building
or system before the complete plans and specifications
have been submitted, provided that adequate information'
and detailed statements have been submitted complying
with pertinent requirements of the building code- The
issuance such a "partial permit" shall not represent
unqualified assurance that a permit for the entire building
or system will be issued.
The issuance of a permit shall in no circumstances be
construed as license to violate any of the provisions of the
building code. Neither shall the issuance of a permit based
upon erroneous or ambiguous plans and specifications
constitute approval to violate provisions of the building
code or of any other ordinances of the City.
F. Permit Expiration, Suspension, or Revocation. Every
permit issued by the building official under the provisions
of the building code shall expire by limitation and become
null and void, if the building or work authorized by such
permit is not commenced within [60] 180 days from the
date of such permit, or if the building or work authorized
by such permit is suspended or abandoned for a
consecutive period of 1120] 180 days at any time after the
work is commenced. Within a one year period from date of
expiration an expired permit may be renewed provided
there are no changes proposed from the original plans and
specifications and provided that a fee is paid amounting to
one -half of the amount required for the original permit.
The building official may, in writing, suspend or revoke a
permit issued under the provisions of the building code
whenever the permit is issued in error or on the basis of
incorrect information supplied, or in case of violation of any
ordinance or regulation or any of the provisions of the
building code.
G. Permit Fees.
1. Building Permit Fees. The fee for any building
permit shall be determined by the fee schedule adopted by
city council resolution based on the valuation of each
building project. The building proiect valuation referred
to therein shall be computed using the up -to -date average
construction cost per square foot established from time to
time by the State building inspector.
2. Plumbing Permit Fees. Fees shall be calculated
according to the schedule set forth by city council
resolution.
3. Electrical System Permit Fees. Fees shall be
calculated and paid according to the schedule set forth by
city council resolution.
4. Mechanical System Permit Fees. Fees shall be paid
according to the schedule set forth by city council
resolution.
5. Double Fee for Work Started Without Permit. Where
work for which a permit is required by the building code is
commenced or undertaken before a permit has been ob-
tained, the fees above specified shall be doubled; but the
payment of such double fee shall not relieve persons from
fully complying with requirements of the building code or
other City Ordinances.
6. Fee Refunds. There shall be no refund of any permit
fee collected in accordance with this chapter when the fee
so collected is one hundred dollars ($100) or less. For per-
mits which are canceled after issuance, where no
authorized work has been done, a refund of eighty percent
(80 -of the permit fees collected in excess of $100 may be
granted; in no case shall the fees retained exceed $150. If
Legals continued on next page
any work authorized by the permit has been started, the
amount of fees ra gined, a er and above the $100
maximum, shad be determined by the Building Official
commensurate with the percentage of work completed.
Plan checking fees are not refundable.
All claims for refunds shall be made in writing by the
o pe and shall made within Lone hundred
eighty e (180)1 f orty -five (45) be calendar days from the
payment o€ said fees.
Appals for relief from the above refund policy shall:
be made in writing by the original permittee.
be made within (one hundred eighty 1f said r sfive
45) calendar days from the paym
include a detailed explanation of'circumstancea
which are the grounds for the appeal.
H. Inspe ctions. All work f or which a permit is requires
shall be subject to in by the building official aril
bis representatives. Additionally, the building official ma;
require the permittee to employ an approved, qualifie'
ecial inspector w shall work under the jurisdiction o
the budding official to inspect construction work involvm
specialized kledge and skill. Perm shal
cooperate with now the building official in ittees calling fo
inspections on those` segments of the work as determine
by the building official.
No reircing steel ructural f1'amework othE
system work shalt be cove or concealed without fir
obtaining the approval of the budding official There sha
be a fin inspection and approval of all buildin gs ar
systems when completed or and ready for occupancy and us
I. Certificate of Occupancy.' No building or structu
[except those in Groups R -3 and M1 shall be used
occupied, and no change ine the existing o on then
classification of a building or structure or porti
shall be made unless the building official has issued
Certificate` of Occupancy` therefor. Changes in t
character or use of a building shall not be authorized
new or proposed use is morehazardous in terms oflife a
fire risk than in the existinguse. Upon a determ nati
that a building complies with th' of t
building code, -the building
oiiicial s e provisions hall issue a certific:
of o in a form ofc his or her determination."
tem certi of occupancy may
entire be issued at 1
disc of the building official for a particular p rt i oa
a building prior to completion of the building.
Adopted this 8th day of December, 2003.
Myrna I{raeness
Mayor
ATTEST: Sharon Knutson
City Clerk
Date of Publication: December 18, 2003
Effective Date: January 17' 3004
(Underline indicates new matter; brackets indicate ME
to be deleted.)
P -1 ORD2003-21 (December 18, 2003)