HomeMy WebLinkAbout2009 09-15 HCA AGENDA
BROOKLYN CENTER
HOUSING COMMISSION
September 15, 2009
7:00 p.m.
CounciUCommission Room
Brooklyn Center City Hall I,
1. Call to Order: 7:00 p.m.
2. Roll Ca11
3. Approval of Agenda
4. Approval of Minutes May 19, 2009 and
July 12, 2009 (NOTE: Commission did not
meet in June or August)
5. Chairperson's Report
6. Council Liaison Report
7. Consideration of Appeal Regarding Certain
Compliance Orders Relative to Chapter 12 of
the City Code
8. Discussion of July 12, 2009 Housing
Commission Minutes and Next Steps
9. Other Business
TO: Housing Commission Chair Steve Landis
Housing Commission Members
FROM: Gary Gilpin, Building Official
DATE: September 9, 2009
SUBJECT: Appeal of Violation Notice by Janine Atchison (5909 June Avenue North)
RECOMMENDATIONS:
It is recommended that the appeal submitted by Ms. Janine Atchison be denied and the rental license for
5909 June Avenue North not be granted until all remaining violations are completed as required in
Chapter 12-905 of the City Ordinances, which states that no operating license shall be issued or renewed
unless the rental dwelling and its premises conform to the ordinances of Brooklyn Center and the State
Building Code and all its references. It is also recommended that all violations being appealed by Ms.
Atchison be enforced under Chapter 12 of the City Ordinances with the exception of the requirement for
Ground Fault Interrupters (GFI's) and under stair protection, which can be withdrawn.
BACKGROUND:
On June 3, 2009, the Housing Inspector conducted a rental license renewal inspection on the property
located at 5909 June Avenue North. While conducting the inspection, the Housing Inspector noted nine
violations from Chapter 12 of the City's Housing Maintenance Ordinance. All the violations listed on
the inspection report fall within the city's policy for rental license inspections requirements.
On June 9, 2009, the City received an appeal pursuant to Section 12-1202 of the City Ordinances from
Ms. Janine Atchison stating that the Housing Inspector's interpretations of the City Ordinance were
erroneous. She asked for any and all codes used for each violation cited (copy attached). The written
compliance order issued by the Housing Inspector referenced all relevant ordinance numbers and codes.
Her letter of appeal contained no grounds or information indicating errors in the Inspector's
interpretation of the ordinance or provisions cited.
It was determined that the City would do an internal review of Ms. Atchison's appeal because of the
current Supreme Court ruling of the City of Morris vs. Sax Investments. After review by the City's
Attorney and City Staff, it was determined that the City would withdraw two of the violations first noted
in the inspection report; one was the requirement to change an outlet in the garage to a GFI outlet and
the other was to provide under stair protection when it was deternuned that under the stairs was being
used for storage purposes. All other requirements noted on the inspection report (as listed below) would
be enforced. Attached are copies of the ordinance or applicable code sections relating to the remaining
matters requiring correction.
1. Renair or Renlace Refri�erator poor Gasket
1
Chapter 12-402 of the City Ordinances requires that a refrigerator be capable of safe food storage at
or below 40 degrees. It also states that the refrigerator be installed with all necessary connections
for safe, sanitary and efficient operation. A city inspector cannot verify that the refrigerator can
maintain 40 degrees or less temperature at the time of inspection if the door gasket is missing or
deteriorated. It was determined that this was a matter of public health and safety which the city can
enforce.
2. Renair or Renlace Laundrv Tub Faucet
Ms. Atchison stated in her appeal that she would like the city to provide an ordinance number that
was used to determine the repair or the replacement of a dripping laundry tub faucet. The ordinance
number that the city references is Chapter 12-709 (Facilities to Function). Every supplied facility,
piece of equipment or utility required under city ordinances and chimney and flue shall be installed
and maintained and shall function effectively in a safe, sound, and working condition.
3. Install Vacuum Breakers on Exterior Hose Bibs
Ms. Atchison states in her appeal that she would like the city to provide any code used to determine
that a vacuum breaker is required on an exterior hose bib. The compliance order issued to Ms.
Atchison on June 3, 2009, does reference MN plumbing code 4715-2110A. If Ms Atchison is
questioning if we can require it on a existing building, the answer is yes. The Minnesota Plumbing
Code does not distinguish the difference between new and existing buildings; all buildings must fall
under the 23 basic plumbing principles. The first principle is the protection of the potable water
supply. Siphoning of a contaminated water supply has the potential of contaminating the water
supply of several city blocks. It has been our policy on all rental inspections that all hose bib
connections and boiler supply lines be protected with backflow prevention.
4. Install Hard Wired Smoke Detectors on Everv Level and Everv Sleenin� Room
*Chapter 5-203f.3 of the City Ordinances (Fire Department and Fire Prevention) states that all
battery operated smoke detectors will be removed from rental units and replaced with smoke
detectors wired into a 110 volt circuit by December 31, 1993.
*Minnesota Statute 299F.362 Subdivision 2(Rules, smoke detector location.) states that the
Commissioner of Public Safety shall promulgate rules concerning the placement of smoke detectors
in dwellings, apartment houses hotels, and lodging houses. The State Building Code requires
smoke detectors in all sleeping rooms and other locations throughout the structure, the State Fire
Code also addresses the location of smoke detectors and has similar wording. The IRC 313 Smoke
Detector Requirements also specifies the location of smoke detectors in sleeping rooms and on
every level outside sleeping rooms
*The state statute only addresses the requirements and location of smoke detectors and how they
should be powered in new construction. However, Statute 299.362 Subdivision 9 States that a
local government may adopt by ordinance rules that are more restrictive than the state
requirements which the City has done with City Ordinance Chapter 5-203f.3(Hard wired Smoke
detectors).
It is believed that the appellant has failed to show an erroneous interpretation of City Ordinances and
applicable 5tate Statutes by the City Inspector and that the modified Compliance Order issued to her
should be addressed before the required Rental License for her property is issued. The City Prosecutor
has received the matter as well as a recent State Supreme Court decision and has advised that the
interpretation of the ordinances and state regulations by the City Inspector is defensible.
2
��ty o� �raoklyn Center
Cammunicp i)a�re�lopment Dapartmeat
�6301 Shfngle Cr�aekParkway 5�438
Phooc: 363-5693330
Fsuc: 7d3-56i-3360
June 3, 2{�}9 FIR3T NOTICE
Janinc Atchisaa s
S9U"13unc Ave N
$roaklyn C�ater MN SS429
RE. 59U9 June Ave N
Dear Property Ch�vaer.
The follawing vialatioas werc eited during a recent inspectiun �£your
PmPes'lY:
Acceasary Strucfi�rea
i lnatall GFCI oatiet� sn interior of the �arage. �Se�c.12-S84}
E�cte�orlDoorslWinduws
���P�� P�� F�t gntrag� aetvica door, (�e.12-7Q�)
Repsiringlace �e w3adow., (Sec 12-�03)
Int�ri+��lCommon Are�rs
Instslt 2�" s6eetrock with ts�.ped joints belaw rt�ir strLnger �r�ud s+djs�cept waiie, (Sec.12-704)
KitchenlDiaiag
S' Rep�tir ar reptxce refrlgera#or dasr gasket. (Sec. 1�-402)
MecbanieaULaandry Roam
S+eal aic co�ditioner genetration thmn� tba e=t,er�ar ui th�-6nnae tn pr�went the en4y of insect�. (Sec
12-70�2)
Repair/replace lealdng laundry tub fsuce�. (Sec. lZ)
Piambing
Inst�all vacanm breslcer uu eztorior hage bib�. (4715-2110A)
Srnoke Dotecturs
It�stall hard g►ie�ed smake det�ecton an every lcval and in every l�iroam. (Sex: 5-�04f) Pruvfiide hat�dwired
d=t�ctara in both bedrr�o�
Reinapcetion t� ve,rlfq code eompiiance �S schednled for Waiaeed��r, Juty 2�9 in tha PA� Plessa coatac# ae
at {'763} 569-333� if this date creates a caaflict
Resolutica Na 2008 25t1 p�ravides far a m�inimum fae of Sl�.!?O ta be charged for r+eias}�ectt�an
necea�ary after the first reiaspeetian. The r�insgection fe�e must tra paid prioz to the issuaaca ofa reatal iic+�se:
City Ordizx�na�s (12-12i}2} atsa pravide for a Right of Appoal, w�ien ii is atlegad tt�at s Compliaiace Order is based ts�n
�rroneous interpretatiaa aftha Ordinance. The Appeal must ba aubmitted, in writing sgoc:'rfyiag tt�c �rouads for Appeal.
within fiva (5) business cis�,ys af�er soi�vice of the ord�r, aad caust be ttccoaepanied'by a fee of �50.00 ia c� or esa�hie�'s
chock,
MN Sts�uaa SO�B.212 rec��as a l�ndtord tfl give a ten�nt r�anabk trotice t�t e�y to the r�uta! wut may t�kke pl� fc�
t�m purposas of �facmiag i�t ivapa�tion. Pla�a nati$r yow oftbe dstja �t tinre af tlso tio� at ie�st48
in $dvat�e.
•Ifycw hs�e aaY 9u+�io�, Pk�e cantact u: at763-5b9�3334.
��Y,
Scott Sa+�u�ky
�ousing Inspector
I I
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June S, 2009
3anine Atchisc�n
S9f�7 3un,� Ave N
Bmoklya Ccntcr, MI�155424
Broaklyn Ce�cr Cammuuity Develapment Dcparmaemt
6301 Shingl� Creeic Parkway
Bmolrlya Ccnter, Mzr 55430
RII�: ttcnx�t Pr�aper�..ylocatcc�:at54Q9 �une A.v;e l�t
Appeat af Violatit�n Notice
I am appe�,ting the vialati8n notice issuc to me by Scott Sexiusky for the rental pro�ity
locazed at 59t39. Mr. Sadusky's inte�rretatian of thc ardinance is �neaus. Hia letter
does not cleariy sta� die basis for a11 vialations. En�Ia�ed is cashier's check in the
amount of �SU.00.
Please pravide me with the follawing information withiu 5 days af receiving this notiee.
Aay and a11 ccfdes usad for each violation citsd.
Any code to determine #h�t GFCI outtets aro req�nred in a garage
Any code used to det�ermine titat'/=" she�trocZc with taped joints is re+quired below
st�ir stringer.
Any code used to determine thax a refrigerator dcrur gasket must be repaired or
rePlaced
Any code used to dete�tune npairslieplacem�nt to laundry tub faucet. (Citing
"Scc 12" is e�cttemely vague)
Any code used to de�ermine tl�at a vacu�n br�eaker i� �eiired vz� exterior has�
bibs. I.etter citcs "4735-2110A" but dacs ztot dGSignate ifthis i:s part of the City
oxdinance, Internationai Plumbing codo, etc.
Any cade viseci to detezmiae that hardwired smokc dctectoxs� are requixe on every
Ievel an� in �very bedroom.
E will expect your reply.
Sincerely,
g �0�9
1tIN 4
�"snini� A�i9o�: F
Section 1�-12U1. C+DMPLIANCE ORDER. Whenever the compliance official determines
that any building Qr partion thereof, crr the prernises surnounding any of these, fails ta meet the
provisions af this Chapter, a campliance order setting forth the vialations of the Clydinance and
c�rdering the owner, occupant, o�ratc�r, or agent to carrect such violations shal] be issued. This
compliance vrder shall.
1. Be in writing.
Describe the location and nature of the violations of this Ordinance.
3. Establish a reason�ble time far the correction of such violatian and notify of appeal
recourse.
4, Be served upon the owner or agent or aceupant, as the case may require. Such notice
shall be de�med to be properly served upc�n such owner or' agent, or upon any such
oceupant, if a copy ther+eof isc
a. Served upon owner, �agent or occupant personally; or
b. Sent by 1 class mail tv his/her last kn�own address; or
c. U�pon failure ta effect notice thraugh (a) and (l�) as �et out in this section,
p�qsted at a conspicuaus place in ar about the building, or portian th�erevf,
which is affected by the notice.
Violations may be cited by the City and prosecuted, and license susp�nsion, revoca�on ar
nan-renewal may be undertaken by the City wh�ether or not a campliance order has been issued.
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Sectian 12-12U3. BOARD 4F APPEALS DECISIOI'�1. Upon at teast �ve{5) 6usiness days
notice tc� the appellant of the time and place far hearing the appeal, and within thirty {30) day� after
said appeal is filed, the board of appeals shall hald a hearing thereon, taking into consideration any
advice and recarnmendation from the advisory housing commission. The board af appeals may
reverse, modify, or aff'irm, in whole or in part, the compliance order and may order return of alI or
part of`the filing fee if the appeal is upheld
City of Broolrlyn Center 12-28 Ciry Ordinance
Sectian 12-944. R,ESIDENT AGENT REQLJIRED. No operating`license shall be issusd`ar
renewed for a na�uesident owner af rental dwelling units {ane who does not reside in any of tlte
following Minnesata counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washingtan}
unless such owner designates in writing to the cornpliance official the narne of his resident agent
(one who does reside in �ny of the following Minnesota counties: Hennepin, Ramsey, Artoka,
Caruer, Dal�ota, Scatt, ar Washi�gton) who is responsible for mai�tertanee and upkeep and who is
legally canstituted and empowered ta receive serviee ofnotice af wiolation ofthe provisions of the
City Ordinances, to receive �rders and to institute remedial action to effect such orders and to accegt
all service or proeess pursuant ta law. The compl�ance official shall be notified in writing of any
change c�f resident agent.
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�ection 12-90b. INSPECTION CC?NDITION. Na operating lieense shall be issued or
renewed unless the owner af rental units agrees in 1us application to'perrnit insgeetions pursuant to
Section 12-IOQI.
Section 12-907. POSTING OF LICENSE. Every lice�ee af a mu!#iple dwetling shall cause
to be conspicuc�usly posted in the main entryway or other canspieuous lacatian therein the current
license for the respective multiple dwelling.
Seetion 12-}0$, LICENSE NC}T TRANSFE�tABLE. No aperating license shatl be
transferable to another person or to another rental dwelling. Every person holding an operating
licensa sY�all give notice in writing to the complianae official within five business days after having
legally transfezred or otherwise disposed of the legal control of any licensed rental dwelling. Such
natrce shall inclucie the name and address of the persan succeeding ta the awnership or cantrol of
such rental dwelling or dwellings.
Section 12-9Q9. OCCLJPANCY REGISTER REQUIR:ED. Every owner of a licensed rentat
dwelling containing three or mare dwelling units shall keep, or cause to be kept, a eurrent register of
occupancy for each dwetling unit which providcs the following informatian:
1. Dwelling unit address.
2. Number of bec�rooms in dwelling unit.
3. Names of adutt accupants and number of aduIts and children {under 18 years of age)
cunently occupying the dwell'rng units.
4. Dates renters occupied and vacated dwelling units.
5. A chranological list of eomplaints and requests for repsir by dwelling unit occupants,
which complainis and requests are related to the provisions of this Ordinaz�ce.
C'ity vf Brooklyn Center 12-18 IJecember 3, 2�45
Sectian 12-�01, MIl'�I1�` STANDAItDS FUR BASIC EQUIl'MENT AND FACILTTIES.
No persc�n shall c�ccupy as owner, aceupant, or lefito another for oc�upaney any dwelling or dwelling
unit, for the puzpases of living, sleeping, cooking, and eating therein, which does nat eomply with
the foYlowing requirements.
I
Section 12-4�2. KITGHEN FACILITIES. Every dwelling unit shall have a raom orpartion
of a roam in which fc�ad m$y be prepared andior cooked and which shall have adequate circulatian
area, and which shall be ec�uipped with the following:
l.. An approved kitchen sink in good working condition and properly connected to an
approved water supply system and which provides at all tirn� an adequate amc�untof
heated and unheated running water under pressure, a�nd which is connected ta an
approved sewer syst�rn.
2. Cabinets and/or shelves forthe storage of eating, drinking, and cooking ec}uipment,
and utensils and of food that does not reyuire refrigeration far safekeeping; and a
caunter or table for faod preparation. Said ca�inets and/or shelves and counter ar
table shall be adequate for the perrnissible occupancy of the dwelling unit and shall
bo of sound canstruct�on fumished with surfar�es that are easily cleanable and that
will not impart any toxic or deleterious effect ta food.
3. �i�
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Section 12-403: TOILET FACILITIES. Within e�ery dwelling unit there shall be a
nanhabitable room which is equipped with an approved flush water closet in good working
cc�ndition. In a rental ciwelling unit, such roc�m shall have an entrance door which affords privacy.
Said flush water claset shall be equipped with easily cleanable surfaces, shall be connected to an
appmved water system that at all times provides an adequate arnount ofrunning water under pressure
to cause the water claset to be operated pmperly, and shall be cotu�ected to an approved sewex
system.
Section 12-444. LAVATORY SIl�TK. Within everry dwelling unit'there shall be an approv�
lavatory sinlc. Said lauatory sink may be in the same roorn as the flush water closei, or if located in
another room, the Iavatory sink shail be lacated in close praximity to the doc�r leading directly into
the rerctrn in which sazd wate�r close# is located. The lavatory sink sh�ll be in good working condition
and shatl be proper}y connected io an approved water supply system and shall provide at a11 times an
adequate amount of heated and unheated running water under pressure, and shall be connected to an
appraved sewer system.
City of BroQklyn Center 12-9 December 3, 2DOS
-:.Y.
4715.0200 MINNESOTA RULE3, CHAPTER 471$`
471 �.02U0 L.1fie plurc�tiing system shall be subj�cted to adaquatt tests
M �A��, �"�I��'i���r, and to inspectiods in a manner that will disclose��� all leaks and M
defects in the work or the matenal
�M���� �1 M. Plumbing spstemsshall be mainta�ned in a safe and sEr- M
��3 ��t� �c� viceable condition frotn the standpoint o# bath m�chanics and
N
�t���d���= health. M
����3���"' I�i. Plumbing shall be installed with��due regard to preserva-
,L s tion of the strength of structural members and prevention of M
p damage ta the walls and other surfaces through fixture usage. N
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,W. O. Plumbing fixtures shall be made af durable, smooth,
nvnabsorbent, and corrosion-resistant material and shail be
�i ti- free from concealed fouling surfaces. M
*�t�n��
P. Plumbing fixtur�s, devices, and appurtenances shall be K
suppiied with water in su�cientvolume and at pressures ad�- �r�i
y
quate to enabie them to function properly and wiihout undue r
noise� under��normal eflnditions��� of use.
a w
`�r;� Q. Plumbing fixtures shall be designed and adjusted to use M
M B. Proper protection shall be provided to prevent contami- the minimum quantity of water consistent with pcoper perfor- M
M nation of fc�od, water, sterile goods, and similar materials by mance and cleaning. Hot water shall be supplied to ali plumb- M
backflow of sewage. When necessary, the fixtures, device, or 1ng �ixtures which normally need or require hot water for theu N
appliance shall be connected indirectly with the buitding proper use and function
M drainage system. R. All plumbing fixtures shall be so insta(led with regard to
C. Esclt family d�relTis�g wait s�aLl 1��ve at �e�st ta�e w�ter spacing as to be accessible for their intended use and cleans- N
��l+�sct, ane 1�vatory v�c kitchcn typc sink, �sd ac�e t�athtub t�r ing• N
�9�if����� ���Y�Y�� S. Eash fixture shall be provided with a separate, accessi- N
so�tal tay�ien�. A�l t�t3►�r stru�ixu'e� ft?r �bit�t�on stta11' E� ble, self-scaunng, reliable water-seal trap placed as near to N
equipp�d with s��ff'i�a'et�t sani�ary facalities. the fixture as possible. ,""v
T. No water closet or similar fixture shall be located in a N
tencfe+d fisr hur�afl t�dt�tr"o�, occup�ricy, or usc when Ln�at�i
room or compartrnent which is not properly lighted and venti-
t�� pr�rnases whea� pubtic sewar is �vaiT�bl� wtt2�in ���n-, tated.
abic tlisscane+� �h�l be ccannecteci tc� tfi�e �+cwer
E. The buildiag drainage system shall be dessgned to prn- U. If water closets ar other plumbing fixtures are installed M
in a building where �here is no sewer within a reasonable dis-
vide adequate circulation of air in alI pipes with no danger af tance, suitable rovision must be made for treatment of the
N siphonage, aspiration, or forcing of trap seals under condi- p
M tions of ordina use. building sewage by methods which meet the design criteria of M
ry the Mi'nnesota Pollution Control Agency as preseribed in a
E The drainags system shall be designed, consttucted, and
A chapter ?080. One-family and two-family dwellings must
N maintained ta conduct the waste water with veloeities which
comply with applicable local ordinances. N
uv�1� preve�t fa�t�r��, d�pcasitinn of sr}�ids, and ci��gin�,.
V. De�ices for heating water and storing it shall be designed N
r� and installed to pr�vent all dangers from explosinn and over-
aumber. �f cl�csnouts so arrang�tt that in s�o heating.
pi�es may t�e re,�dily clea�+eci.
3�. Where a buildi�� draizaa�e s ystem ma y lae s u b jected Sewage or other waste shall not be discharged intosur- N
face ar subsurface water unless tt firsthas heea subjected tn an
1� acceptable form of treatment N
I. Each vent tetminal shall extend to the outer air and be so
installed as to minimize the possibilities of clagging and the
M return of foW air'�o the building.
3. No sub�sace t�i�ich wi11 clag or ac�entuate ctc�gg,it� of
pi�s„ prt�� cxpl+�sivc m�tur�cs, destroy thc pipes cu t2�eir
�o��, ar ��cfere w�duly witl� tt�e sewa�� dispc�sa� pro�c�s
s�a�lt b� allawed to ent+�r the draina� system.
I�. 'I�r� pipEnng vf thc plumh�ng systec� sb�Il ire ,nf dur�blc
�atecial �S fr�� d�ef�t%�*e c�ns�acticsn �nd s+� d�esig�ed �d
co�stxuct+�d as #a give �atisfa�ctur}+ scrviCC for its reas�anabla
�ctcd lift.
g F MINNESOTA PLUMBIN� CObE
THE 21�07 MIIVNESOTA STATE BUILDING CODE
249F.362 Smoke deteetur; installation; ru�es; penalty.
Subdivision l. Defi�itions. For the pur{�ses of this section, the fctllt��?ving definiti�ans shall
�P�Y�
(a} "Apartment house" is any building, or portion thereof, wh'rch is designed, built, rented,
teased, let, or hircd out to be occupied, or which is occupied as the home or residence ofthree or
marc families living independently of each other and deing their awn caoking in the building,
and shafl incEude buildings containing three c�r rnore flats or apartments.
(b) "Dwetling" is any buildin�, or any portior� thereof, whieh is not an apartment hause,
laiging housc, or a hotel and which contains one or two "dwelting units" which are, or are
intended or designecl to bc, occupied for living purposes.
(c) "Dwe!ling unit"' is a single unit providing complete, indepeadent living facilities for ane or
more persans inctuding pernnanent provisians for living, sleeping, eating, cooking, and
sart'[tat4an, or a single unit used by one nr more �rsons for sleeping and sanitation pursvant to a
wark practice or labar agreernent.
{d} "Hotel" is any building, o� portion thereof, cantainrng six or rnore guest rooms intended c�r
desi�ned to b�e used, or whieh are used, r+ented, ar hired out to ba occupied,. or whieh are
occupie� f�r sleeping garposes by guests.
(e} "Lodging house" is any building, ar portion thereof, containing not more than ftve guest
rooms which are used or are intec�ded to be used for steeping purposes by guests and wherc rent
is paid in money, goods, labor, or otherwise.
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Subd. 3a, Smake deteetor for new dwelling. In coristruction of a new dweiling, each srnoke
detector must be attached to a centralized power source.
Subd. 4. Smoke detector for apartment, [odging hause, or hotel. Every dwelling unit within
an apartment hause ar�d every guest t�oom in a lodging hause or hotel used for sleeping purpc�ses
shalt be provided with a smoke detector confocming to the requirements af Underwriters
Laboratorfes, Inc., or approved by the Internatianal Canference of Building Officials. In
dwelliag units, detectors shall be maunted in accordance with the rutes regarding smoke detector
location promatgated under the provisions of subdivision 2. When actuatai, the dettxtor shaCl
pravid� an alazm in the dwelling unit ar guest raom.
114
THE 20�T' M1iYNBSOTA STATS BEitLDUVG CQDE
�U�1t{. Maintenance resp�nsibi�ities F(}C 1t� OGGiI�lt�11G1CS GOVBCCC� bj� �'ii3 SCCtlflp WI]CIC tF1G
occupant is nat the owner af the dwelling unit or the guest room, ttie owner is responsible for
maintenanc� afthe smoke detectors, An awner may file inspeetion and maintenance reports
with the focal fire mazshat for establishing evidence of iaspection and ma�ntenance of smoke
detecwrs.
Subd. Sa. Inform owtier; no added liability. The occupant of a dwelling unit must infarm the
owner of the dwe(ling unit of a nanfurtctioaing smoke detector within 24 ho�rs of discavering
that the scnaice detector in the dwelling unit is not fitnctioning. If the occupant fails to inform fihe
owner und�r this sabdivision, the occupant's liability for damages is not greaterthan it otherwise
woutd be.
Subd. b. Penalties. (a) Any person who violates any provision of this section shall be subject
to thc same pena.lty and the enforcement mechanism that is prr�vided for violation of #he Uniform
Fire Code, as specified in s�ection 299F.011, subciivisi4n 6.
(b) An accupant who willfutly disabies a smoke detectar ar causes it to be nonfunctioning,
resulting in damage or injury tc� persons or prcyperty, is guilty af a rnisdemeanor.
Subd. Local government preempted. This section prohibits a local unit of gc�vernment
from adopting standards different from thc�se provided in this section.
Subd. Repeale.d, t991 c 199 art s 67
�nt�����
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`�t��r���3 y
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Subd. 10. MS 1988 Repeated, 19$9 c 322 s 5
Subd. 10. Public frre safetyeducator. The position ofMinn�sota public fire safety eciucator
is e�tabl'eshed in the department of pubtic safety.
a ciaim for tass ar dama e ta fire foc
Subd. 1 I. Insurance claim. No insurer shali deny g y
faiiure ofa persan to comgly with this sectiQn.
HIST: 197? c 333 s 2; 1978 c 777' s 7; 19$7 c 122 s l; 1987 c 201 s 4-6; 1989 c 322 s 1-5,7;
199t c 233 s 110; 1993 c 329 s 1,2
I15
�11�� ���1
e__
3. Iu each stury within the sleeping unit, inctuding 90'�.2.t0,3 Interconnection. Where mare than one
basert�ents. Fc�r sleeping units with split levels �rn�rk� ��arrn is r�yuz�d`t+� be in�t�Elc� witttin �n individ-
and without an intervening door t�etween the n�l d�r wait c�r sl�{�i�tg ttnit Grttup R-2, It-3 or
adjacent levels, a scnoke alazm inscalied on the R-�#. ar wi att iruiividu�! sl�pi�rg t�n�it i� Gr�ug R-1,
upper level shall suffice for the adjacent Lower the snt�ke al shall b� ino�rc ted in st�
tev�! provided that the lawer tevel is less than ner that the activafion of ane alazm wiil activate sIl oPthe
on� full stQry betQw the upper leve�. alazims �n the individual unit. The �larm stKall be clearly
audible in ail bedrooms over baekground noise (evels
with all� ibtervening doors� c�tosed.
�C�
f
��k `�'xc�ti'�. 9t�7.2.t8.4 Aecep�Eance testing. When the installation of
9t
the alarm devic�s is com lete, each sietectar and inter-
��P�4� r P
canneeEing wuing for multiple-statian alatm devices
z
y shall be tested in aceord,ance wiCh the bousefiald fire
waming equipment provisions of NFPA 72.
��+��t�' .a,t���°�+i�at��t�
�ll�'.2,1+D.5 �a�+�le�e �ra�.s in ar5ed�# �Src►�ct,ed cir-
I �uits. Smc��e al�ns re+caeiwin� tlieir Prima� Pa►ver sug-
I s ply fcc�s� e�trical cir��i�ts t#�t are prt�t�cte�i with
��t ���vu�� �c�1u��n�: arc-faulc czr��uit iat�errupti�� mt�t ta�ve a i�cicup p+�wer
=;��,s� h ��'li�.;��� s�. �PP�Y�
ur��i�t c����1��� ���l�att��. 907.2.11 Sgecial amusement building,s. An approved
antomatic smake detection s stem shall be rovided in s e-
�j��� �r+��, Y P P
cial amusement buildis►gs in accordance wit h t h is section.
��in s��f�
p ��4 Exception; In areas where ambient comlitions will cause
��al �th� .t�
E a smoke detection system to alazm, a�► aPproved alterna-
w�..H +��:�ra� �e1�ww t�;
r
tive type t�f automatic �detector sh�aii� be instaile,d.
907.Z.10.1.3 Group I-1. Single- or multiple-station Alarm. Activation af any single smoke
smoke alx�rns shall be instalied and maintained in �tectar, the automatic sprinkler system or any ather
i' automatic fire detection device shall immediatety sound
sleeping areas in Gr�oup I-1 occupancies.
an alasm at the building at c�unsz�ntly attc�+c� 1t�c�on
Exeeptton: Single- ar multiple-station smake from whic6 emergency actic� �an be iniiiatcd, i�ctuding
alazms shall �ot be requ'ued where the building is th� capability of' manual �itiation c�f re�uiccment� in
equipped thrcyughout with an automatic fire detec- Section 90?.2. l l.2.
tian syskem in accordance with Section 907.2.6,
907.211.� System respnnse. The activation of two or
907.�.10.1A �ire statian aad ernergency medical more sma�ce detectors, a single smoke deteetor with
qtwrters. Areas used for sleeping in fue stations and atarm ver�fication, the automatic sprinkler system or
emergency medical and ambulance crew quarters ather approved fue detection device shall automatically:
shall be provided with single stati�n smoke detectors l. Cause itluminatian of the me�s of egress with
in aecordance with Sectiocs 907.2.10. lightof nar9ess [han 1 foat-candle t liix) at the
99KYYTT.2.10,2 Fawer source. In new construction, cequired walking surface tevel;
smoke alarms shall receive their primary power fmm the 2. Stc�p $ny conflicting or confusing sounds and
building wiring where such wiring is served from acom- visuai distractions; and
rnercial s�aurce and shall be ec�uippeci with a bauery 3, Activate an approved dir�tional �xit rnarking that
backup. Smoke a'larnts shall emit a signal when [he bat- will become apparent in an emergency.
ceries are 1ow. Wiring shall be permanent and without a
diseoanecting switch ather than as required far
overcurr�nt protection.
spccial �xn ut tZU�lding, in�tructing patrans to prcr-
Exceptions. ceed to r�e t eacit. A1srm s�gr�ls used io conjunc>
1. Smake alarnts are not required to be equipped tro�t wiCt� th!� prereeord+ed: rness�g� sha1I p�dtu� a sa��td
with batEery backup ic� Gtoup R-1 where they which is �istin�ti�re ft+or►i cstt�er soturds t�ed durang ttt�t-
are connected to an emergency eleetricat sys- rnal operation.
tem. The wiring to the auxiliary dcvices and equipment
2. Smoke alarms are not required to be equipped ��d K� ��amplish the above fire safety functions shall
with battery backup in Group R-2 occugancies rnanitoraci far integrity in accordance wikh NF'PA 72.
equipped throughout w[zh an automatic sprin- 9KY7.2.113 Emergenry voicel�larm t�otntntt�mtf�
kler system instalied in aceordance with Sec- system. An emergency voiceJ�l� comrnueiicaciaa sys-.
tion 903.3.1.1 or 9U3.3.1.2. tem, which is also allow+�i �,cr s�rve as a public addrtss
�0 ,'�7alYl.
FfRE PR07ECTIQN SYSTEMS
in laundry and soiled linen rooms, boiier and furnace Exceptian: System t7re and smoke detectors aze not
raoms, mechanical and electrical rooms, shoQs, laba- requued when an approved auwmatic #ire-extin-
ratories, kitchens, lacker ro�ms, janitors' ciasets, guishing system is installed throughout the bu'rlding
trash-collection rooms, starage roarns, lounges, gift and manual activation is provided at a cQnstantly
shops, commissaries and similar arcas. Actuation of atteneied locati�n.
an automatic fire-extinguishing system, a manual fire 907.3.4.2 Noti�ication. Activation of the fue alarm sys-
alann box or a fire detector shall initiate an approved tem or automatic sprinkler system sha11 initiaio a general
fire alarm signai, which autumatically notifies staff.
Presignal systems shall not be used. ev,acuation signal.
909.3.4.3 Guest room detectors. Guest room smoke
3 9U7.3.3.3.2 Manual fire alarm baxes. Manuai fire ����Q�s required by Section 901.2.10 shall noebe con-
alarm boxes are not requirea to be located in accor- nected to a fire alarm systtm.
dance with Section 907.4 where the fire al�rm boxes
are-provided at staff-attended locations having direct Excephoa: Connection of such detectors for annun-
i supervision over areas where manual fire alarrn boxes ciatipn oniy.
have been omitted. �Graup R-2, general. A fire alarm system sha11 be
Manual fire alarm boxes are emutted to be locked installed in accordance with Sections 907,3.5 through
in areas occupied by detainees, provided that staff 4Q�-3,5.2 in existing Group R-2 occupancies where:
members arepresec�t within the subject area and have 1. Any guest rnorn or dwelling unit is lacated two or
keys readily available to aperate the manuai fire alarm more stories above the story containing the lowest
baxes. level of exit discharge;
2. Any guest room or dwelling unit is lacated more t6an
907.3.3:3.3 Smoke deteetors. An approved auto- one story below the highest level of exit-discharge of
matie sraoke-deteciion syst�m shall be installed
exits serving the dwelting unit;
ttuoughaut resident housing areas, including sleep�ng:
areas and contigaous day rpoms, group activity The building contains rnore than 16 dwelling units or
spaces and ather common spaces normally accessible guest roorns; or
ko residents, 4. The building is used as a dornniWry, convent, manas-
�3
Exceptionst tery, fratamity or sorority aad has an occapant load of
24 or more.
1. Other appmved smoke-deteetion arrange-
ments pmviding equiValent protec[ion, such Exception: A fire alarm system is not required in
as placing alarms in exhaust ducts from cells buildings [hat do not have interior corridors serv-
ar behind protective guazds, listed for the ing guest rooms and where each dwelling unit has
purpase, are allowed when necessary to pre- exit door opening direetly to an exterior ezit
vent damage or tampering. access that leads directly to the exits.
F
2. �make deteetors aze noCreq�ired in slaeping 407.�.5;� Initi�kion. Imtiation z�f the fire alar�n system
raoms with four or fewer oecupants in shall be by automatic means. Approved automatic fire
srrtoke compartments thai' are equipped detectors shall be provided in boiler and,furnace roorns,
throughout with an approved automa"tic shops, laundry rooms, mechanical and electrical rooms,
sprinkler system. trash-collection rooms, storage moms and similar azcas.
Automatic smoke detectors shall be provided in all com-
9i1'�.3.4 Group R-1, generaL A fire alarm system shall be mon areas and interior corridors serving as required
installed in accorciance with Sections 907.3.4 through means of egress.
9U7.3.4.3 in existing Groug R-1 occupancies three ar'more' Exception: System fue and smoke detectors are nat
staries in height ar uvith 2b or more guest rooms.
required when an approved automatic fire-extin-
Exceptioa: A fire alarm system is not required in build- guishing system is installed Uuoughout the building.
ings that do not have interior corridors serving guest 9pT,3.5.2 Noti£cation. Activation of the fire alarm sys-
roc�ms and where each guest room has an exit door open- tem or autamatic sprinkler system shall initiate a general
ing directly ta an exterior exit access that leads directly to evacuation signal.
the e�ts.
�'1.�
907.3.�.1 I�iitialion. Initiation of the fure �larm system
�u
shall be by automatic means. Appro�ed automa[ic fire i
detectors shall be provided in boiler�-and furnace rooms,
shops, laundry rooms, mechanical and electrieal rooms,
rrash-eollection rooms, storage rooms, gift shops, locker
m
rooms and similaz azeas. Aatomatic smoke detectors r.,
shall be provided in all common areas and interior com-
f
dars serwing as required means of egress. +C�t' ,�r,�...w.
g
1
FlRE PROTECTIQM SYSTEMS
i
����e x:�t ��s 3. Required manuai fire alarm boxes.
a'��nr��i 4
907.8 Pres€gnal system. Presignal sysfems s�all not be
„�w installed unless upproved by the fire code official and the fire
H��
a. ,���f dcpartment. Where a pre�signal system i� install�d, 24-houc
i 3 personnel supervision shail be provided at a location agprav�d
W ��+�i by the firg depart�lent, i� order that the alarm signal ean be
actuated in the event of fue or other emergeacy.
90?.3.6.1 Fire station and emergeney' medical qt�ar- 907.9 Zanes. �ach'floor shall be zoned separately and a zane
ters. Areas used for sleeping in fire stations and emer- shall not exceed 22,500 square feet (2090 mz). The length of
gency medical and ambulance erew quaRers shall be any zone shall not exceed 300 feet (91 44U mm) in any direc=
provided with singie stauon smoke detectors in accor- tion.
�with Section 907,3.6. Exception: Automatic sprinkler system ztanes shall, not
9Q7.4 Manual fire alarm boxes. Manual fire alarm boxes exceed the area permitted by NFPA 13.
shall be installed in accordanee with Sections 907.4.1 througfi 90�7,9.1 Zaning indieator panel. A zoning indicator panel
907.4.5. and the associated cantrals shall be provided in an approved
9U7.4,1 Location. Manual fize alatm boxes shall be lacated locatifln. 'Fhe visual zone indication shall Iock in unul the
not more than 5 feei (1 S24 mm) frorn the entrance to each system is reset and shall not be canceted by the operation of
exit, Additional manual fire alarm boxes shatl bc locatcd so an audible-alarm sileneing switch.
that travel distance to the ne�rest box dces not exeeed 2U0 gp^/,9.2 High-rise 6uildings. In buildings with a floor used
feet (60 460 mtn). for hnman occupancy that is located more than 75 feet (22
907.4.2 Heigh� The height of the manual fue alarm boxes 860 mm) abvve the lowest level of fire department vehicle
shaIl: be a minimum of 42 inches (1467 mm) and a ma�i- aceess, a separa[e zone by floor shall be provided for all of
mum of 48 inches (1372 mm) measured vertically, &or� the the following types of alarm-initiating deviees where pro-
floor level to the activating handle or le�er of the box. vided:
907.4.3 Color. Manual fire alarm boxes shall be red in 1, Smoke detectors,
color. 2. Sprinkler water-flow devices.
907.4.4 Signs. Where fire alarm systems are na[ monitored 3. Manual fue alarm boxes.
by a supervismg station, an approved permanent sign shall
be instatled adjacent to eaeh manual fire aiacm box that 4, qther approved types of automauc fire deteeaon
reads: WHEN ALARM SOUNDS--CALL �IRE devices or suppression systems.
DEPARTMENT, 90'/.10 Alarm notiFcatton appliances. Alatm no6fication
Exception; Where the manufaeturer has permanently appliaaces shall be pravided and shall be listed for' their pur-
provided this informaiion on the manual fue alaim bax. p
907.4.5 ProEective covers. The fire code official is autho- �-10.1 Visible alarms. Visible alarm noaflcatian appli-
rized to requira the installation of listed manual fire alarm ances shall be provided in accordance with Sections
box protective covers to prevent malicious false alarms or to 907.10.1.1 through 907,10.1.4.
provide the manual fire alarm box with protection fram Exceptioas:
physical da�age. The protective cover shall be transparent Visible alarm notification appliances are not
or red in color with a.transparent face to permit visibility of required in alterations, except where an e�cisting
the manual fue alarm box. Each cover shall include proper fue alarm system is upgraded or replaced, or ainew
aperating instructions. A protective cover that emits a Ioca1 fire alarm system is installed.
alarm signal shail nat be installed unless approved.
2. Visible alarm notification appliances shall not be
907.5 Power supply. The primary and secandary power sup- required' in e�cits as defined in'Section 10U2.1.
ply far the fire alarm system shall be provided in accordanee
with NFpp 72, 907.10.1.1 Pubtic and common areas. Visible atarm
907.6 Wiring: Wiring,shall comply with the requuements of notification appliances shall be provided in public areas
and common areas.
the International Code Council Electrical Code Admtnistra-
tive Pravisions and NFPA 72. Wireless protecuon systems uti- 907.10.1.2 Employee work areas. Where employee
lizing radio-ftequency transmitting devices shall comply with work areas have audibie alarm coverage, the notifieadon
the speeial requirements for supervision of low-power wiretess appliance circuits serving the empiayee work areas shall
systems in NFPA 72. be initiaily designed with a minimum of 20 percent spat�e
capacity to aecount for the potential of adding visible
907.? Activation. Where an alarm notificatian system is notificatiQn applianees in the future ro acaommadate
required by another section of this code, it shall be activated by: hearing impaired employee(s).
l. Requited automatic fYe alazm system. 907.10.1.3 Groups I-1 and R-1. Group I-1 and R-1
2. Sprinkler water=tlow devices, sleeQing units in accordance with Table 907.1b.1.3 shall
o�; �►s
2. Exception: Listed eiectric or gas-fired barbecue grills that aze perm.anently
mounted, wired, or plumbed to tlie building's gas supp�y c�r electrical system
and that maintain a m.uiimum �learance of 18 inches an all sides, unless listecl
far lesser clearances, may be inst�lllled on b�lcanies and p�tios when appraved
by the fire chief.
f.'
1. Standards far installation, ins�ctic�n and maintenance of the fire alarm
system shall be �ccording to standards in IFC.
2_ Whoever shalll render a smoke detector or fire alazm system inoperable by
removing the battery or disconnecting or dismantling the detectar, or fire
a1aYm system, itt arty rental, cammercial or business unit, is guilty of a
misdemeanor.
�3� r H� F w
,F
g. Incident Control Costs; Every person, firm, or corpc�ra#ion that is not a resident of
the City or the owner of real prop�rty in the City subject to real pmperty ta�ces, shall
be Iiable for a11 incidents or preventing the spread, or extfnguishing any fire caus�d
by or resulting from ius, her, or its acts, negligence, or omissions. The fire chief shall
keep a record af the cos#, uxcluding work rione by firefighters and other City
ernpYvyees and �uipment. The fire chief sha11 then bill the person, firm, oz
ccarporation liable for the fire. No license of any person, fiim, or corporation liable
for the exgenses incuuzred in fire controi as provided above shall be renewed if the
licensee is default in payTnent of any bill hereunder.
h. Interoretarion and Couflict with the Iviinnesota Stat� Building Code: In the event af a
conflict �etween the prQVi�ions of the IFC or the Minnesc�ta State Building Cade and
the provisians of ttus orciinance, the more stringent provisions shatl apply, provided,
hawever, that nca provisian of this ordinance sha11 be interpreted to exceed the
requiremenfi of the Mizinesota State Building Cflde as adopteci by the oniinance af the
City c�f Braoklyn Center.
i. Oven Btunin¢:
l. Except as aut6oriz� in this section, apen buming of any material is
prohibited. This prohibition does not apply to burning canducted by
governmental autharities who have secured permission &om the fire chief or
to autdoar coak,ing using only propane or charcoal.
E. 5�-6 fl2/2II49
I a. M
E �tcn�tal p5-28-08. txt
window welis that ser�ve sut opemngs, prov� et� such cEevices shall
be r�leasab7e o� removable frvm the i�side without the use vf a key, tool or
fc�rce greater than that which is requi�red for normal operation af the escape
and rescue apening.
2000 Internati`onal Residential Code R31Q.4 (emphasi� added); See Mi�irt. R
13d9.001:4. subp. 1.
we conclude that the Rental �icensing Ordinance prauision requiring the
installation of covers over egress windows meet� all three elements of the
prohibition or�
municipal ardinances in the state �uilding code, nainr�. stat. 16s.62, subd. l.
e�ecause
egress window covers are regulated by the state suilding Code, this pravisian is a
building code provision. MQrec�ver, w�ndows are incorporated into the structure of a
building and therefore are components of tha� strueture, The qrdinance �equires the
installation of an additianal device on some af these components and therefore
COf15tl'kUtES
a regulation af that component. �t also directly requires that which the state
�uilding
6 sectian 2.t�1 states in full:
smake Detectars/Alarms-Any rc�om used for sleeping purposes sha71 b�
pr�v�t�ec3 with �ke r�etect�a�rs. ��±t�ctt�r� sha17 be installed in atcordance
w��h �he apprcaved r�anufact�rer"s ins�r�ttions. when a dwe7ling unit l�as
mor�e tl�an o�n� s�t�ry and in �r�llings with basements, a detectar shall a7so
k�e i r��tal l�d €�r� ea�c�► stt�rY �i nt1 �di n� th�e basement Detectors shal l sound an
a'� arm �udi bl e i n a'! 1 sl eep�i ng �reas a�°� the dvael l i ng uni t i n whi ch the�r are
1 c�c�t�d .�1 �1 s�nak� d�et�ctc��s sf�a'11 be mai ntai ned �perati'onal az a11 t� mes
Morris Minn., Rental Lieensing �rdinance 4.32, subd. 21(c) (Section 2.01).
Code leaves to the discretion of the 6uilding awner, and is therefare different from
the
State �uilding code. 'rhus, this provision of the ordinance is invalid under the
Statte
Building tode.
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The City of Morris and the amici curiae City af saint Paul, City of Roehester, and
�eague of t�innesota Cities argue that municipalities must, as a matter of public
po7��cy�,
7 our decision should not be miscorestrued as precluding all municipal regulation of
rental housing. �or example, municipalities are permitted to require that a
residential
structure be inspected and found ta comply with valid state and local regulations-
including the "dangerous to human life" pravisions of the 5tate Building tode-before
a
rental lieense is issued for the property. See M�nn, Stat. 16g.62, subd. 1
(d�i�scussti»g the
adoptian and enforcement of state Building Code by municipalities); see also Minn.
5tat.
5048.161, subd. 1(3) (240fi) (requiring that landlords comply with "health and
safety
laws of the state and af the local units of government wbere the premises are
lacated"). In addition, munitipal cental hausing regulations are nat prohibited by
the
state Buiiding Code �f they dt� not regulate components or systems of a residential
structure tovered by the state guilding Code and are not different from any
provisions in
the state Building Code. This leaves many permissible areas af regulation,.
have the autharity to enforce habitabi'lity standards to protect the health and
safety of
tenants fram substandard hausing. The cities assert that praqerty own�ers do not have
the
same incentives to maintain rental property as they do their own residences, and
tenants
generally have little leverage to reqnire landlords to address habitabiTity
problems. We
recagnize that substandard housing raises health and safety issues for
Page 13