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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)