HomeMy Public PortalAbout362CITY OF MEDINA
ORDINANCE NO.362
AN ORDINANCE AMENDING SECTIONS 805.01
ET SEQ. OF THE CITY CODE REGARDING
ADOPTION OF BUILDING CODE
The City Council of the City of Medina Ordains as Follows:
SECTION I: Sections 805.01 et seq. of the Medina Code of Ordinances are repealed in their
entirety and are replaced with the following new sections adopting a building code.
Section 805.01. Purpose. This ordinance: Provides for the application, administration, and
enforcement of the Minnesota State Building Code by regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment,
use, height, area, and maintenance of all buildings and/or structures in the City of Medina; Provides
for the issuance of permits and collection of fees thereof; Provides penalties for violation thereof;
Repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall
perpetually include the most current edition of the Minnesota State Building Code with the
exception of the optional Appendix Chapters. Option Appendix Chapters shall not apply unless
specifically adopted.
Section 805.03. Codes Adopted by reference. The Minnesota State Building Code (SBC), as
adopted by the Commissioner of Administration pursuant to Minnesota Statutes chapter 16B.59 to
16B.75, including all of the amendments, rules and regulations established, adopted and published
from time to time by the Minnesota Commissioner of Administration, through the Building Codes
and Standards Division is hereby adopted by reference with the exception of the optional chapters,
unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby
incorporated in this ordinance as if fully set out herein.
Section 805.05. Application, Administration and Enforcement. Subd. 1. The application,
administration, and enforcement of the code shall be in accordance with the Minnesota State
Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota
Statute, 16B.62, subdivision 1, when so established by this ordinance.
Subd. 2. The city building official shall be the building code department of Medina. This
code shall be enforced by the Minnesota Certified Building Official designated by the city council
to administer the code (Minnesota Statute 16B.65, subdivision 1).
Subd. 3. A Board of Appeals is hereby established for the purpose of hearing and rendering
a determination regarding conflicting interpretations of the provisions of the SBC and regarding
conflicting opinions of the suitability of alternate materials and methods of construction. The Board
of Appeals shall consist of three persons appointed by the city council for such terms as the council
may deem appropriate. The persons appointed to the Board of Appeals shall be qualified by
Ordinance No. 362
1
experience and training to pass upon matters pertaining to building construction. The city building
official shall be an ex officio member and shall act as secretary to the Board of Appeals.
Appeals to the Board shall be in writing and shall be filed with the city clerk. The city clerk
shall notify the appellant in writing at least five days prior to the date of the hearing before the
Board. The appellant shall have the right to be represented at the hearing and to present evidence
relevant to the matter at hand. Within 15 days of the close of the hearing, the Board shall make a
determination regarding the matter and shall mail a copy of its decision to the city building official
and to the state building inspector. The state building inspector may affirm, reverse or condition the
decision of the Board on any matter.
Section 805.07. Permits and Fees. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statutes, 16B.62, subdivision 1. Permit fees shall be assessed for work
governed by this code in accordance with the fee schedule most recently adopted by the City of
Medina. In addition, a surcharge fee shall be collected on all permits issued for work governed by
this code in accordance with Minnesota Statute 16B.70.
Section 805.09. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota
Statute 16B.69).
Section 805.11. Building Code Optional Chapters. Subd. 1. The Minnesota State Building Code,
established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the City of Medina to adopt by
reference and enforce certain optional chapters of the most current edition of the Minnesota State
Building Code.
Subd. 2. The following optional provisions identified in the most current edition of the State
Building Code are hereby adopted and incorporated as part of the building code for the City of
Medina:
a). Chapter 1335, Flood Proofing Regulations, parts 1335.0600 to 1335.1200.
SECTION II — Effective Date of Ordinance. This ordinance shall become effective upon its
adoption and publication.
Adopted by the city council of the City of Medina this 20th day of January, 2004.
PHiI Zietlow, Mayo
Y
ATTEST:
Chad M. Adams, Administrator -Clerk -Treasurer
Published in the South Crow River News this 26th day of January, 2004.
Ordinance No. 362
2