04-009-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING ARTICLE I, SECTIONS 10-1 AND 10-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADOPTING THE 2003 MINNESOTA STATE BUILDING CODE.

BY COUNCILOR LITTLE:

The city of Duluth does ordain:

Section 1. That Article I, Section 10-1 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Article I. Building Code.

Sec. 10-1. State Building Code adopted.

The city of Duluth hereby adopts the hereinafter described 2003 Minnesota State Building Code, or its successor, as it either may be amended from time to time, including all of its appendices that are made either mandatory or optional under applicable provisions of Minnesota Rules established pursuant to Minnesota Statutes Sec. 16B.59 to 16B.75, and such code is incorporated into this ordinance [Article] as if fully set out herein.
(a) The 2003 Minnesota State Building Code includes the following chapters of Minnesota Rules:
(1) 1300, Administration of the Minnesota State Building Code;
(2) 1301, Building official certification;
(3) 1302, State building code construction approvals;
(4) 1303, Minnesota provisions;
(5) 1305, Adoption of the 2000 International Building Code;
(6) 1307, Elevators and related devices;
(7) 1309, Adoption of the 2000 International Residential Code;
(8) 1311, Adoption of the 2000 guidelines for the rehabilitation of existing buildings;
(9) 1315, Adoption of the 2002 National Electrical Code;
(10)1325, Solar energy systems;
(11)1330, Fallout shelters;
(12)1335, Floodproofing regulations;
(13)1341, Minnesota Accessibility Code;
(14)1346, Adoption of the Minnesota State Mechanical Code;
(15)1350, Manufactured homes;
(16)1360, Prefabricated structures;
(17)1361, Industrialized/modular buildings;
(18)1370, Storm shelters (manufactured home parks);
(19)4715, Minnesota Plumbing Code;
(20)7670, 7672, 7674,7676 and 7678, Minnesota Energy Code;
(b) The following optional provisions and optional chapters of Minnesota Rules are hereby adopted by reference and incorporated as part of the building code:
(1) Appendix Chapter K (grading) of the 2002 supplement to the 2000 International Building Code;
(2) Chapter 1335, Floodproofing regulations, parts 1335.0600 to 1335.1200;
(c) The application, administration and enforcement of this code shall be in accordance with Minnesota Laws, Chapter 16B, and Minnesota Rules, Chapter 1300. The code enforcement agency shall be called the city of Duluth, which acts through its building safety division or its successor organizational unit of the city. The code shall be enforced by a Minnesota certified building official designated by the city to administer the code (Minnesota Statutes, Sec. 16B.65, subdivision 1).

Section 2. That Article I, Section 10-2 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 10-2. Building permit fee schedule.

(a) Building permit fees. Collection of Ffees for building permits and building inspections, as authorized in Minnesota Statutes, Sec. 16B.62, subdivision 1, shall be as set forth in Table 1A and Section 107 of the Uniform Building Code, 1997 edition assessed for work in accordance with the fee scheduled adopted in Ordinance No. 6920;
(b) Special permits and fees. Special permits shall be obtained and special fees paid in all cases for items included in the following schedule whether said items are installed in new buildings or in existing buildings, unless otherwise herein provided, but the value of such items need not be included in the valuation upon which the main building permit is estimated as before provided in subdivision (a) herein.
All of the provisions of the State Building Code pertaining to permits shall apply to such special permits as well as to the main building permit, excepting only the schedule for original fees.
Fees for the following shall be set in accordance with Section 31-6(a) of this Code:
(1) Moving over public property any building which has an area of 1,000 square feet or less on the first floor;
(2) Moving over public property any building which has an area of over 1,000 square feet on the first floor;
(3) Moving any building or structure not on public property;
(4) Razing or demolishing any building or structure;
(5) The installation of a mobile home;
(c) Special permits shall also be taken out and fees paid for the installation or alteration of electrical wiring, plumbing, heating plants, fireplaces or any other construction or accessory to a building or structure, the use of which is regulated by the provisions of the State Building Code and which for any reason is not included in the permit for general construction; and the fees for same shall be ascertained in the same manner as for the construction of new buildings;
(d) The payment of a fee as provided herein shall not relieve the applicant or holder of the permit from the necessity of obtaining additional permits and the payment of other fees that may be prescribed by law or ordinance, for the temporary occupation of public property, for inspections, certificates, sewer connections, water connections, gas connections or other privileges or requirements;
(e) When work for which a permit is required by this Code is started or proceeded with before said permit is obtained, the fee specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of the State Building Code in the execution of the work, nor from any other standards or penalties prescribed by law;
(f) No permit to erect, repair or alter any building or structure shall authorize the use of any part of any public thoroughfare, or other public ground or easement.

Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance would amend Article 1, Chapter 10 of the Duluth City Code regarding buildings, in order to adopt the 2003 Minnesota State Building Code, which was adopted by the state of Minnesota as the State Building Code in 2003.

There were several optional chapters, which municipalities could choose to adopt, and this ordinance adopts only the optional provisions on floodproofing and grading.