Building code administration modification

A bill for an act

relating to labor and industry; modifying building code administration; amending

Minnesota Statutes 2024, section 326B.107, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 326B.107, subdivision 2, is amended to read:

Subd. 2.

Municipal agreement for
deleted text begin
all
deleted text end
building projects.

(a) The commissioner shall

enter into an agreement with a municipality other than the state for plan review, inspection,

code administration, and code enforcement on public buildings and state-licensed facilities

in the jurisdiction if the municipality requests to provide those services and the commissioner

determines that the municipality has enough adequately trained and qualified
deleted text begin
inspectors
deleted text end
new text begin

persons
new text end
to provide those services. In determining whether a municipality has enough

adequately trained and qualified
deleted text begin
inspectors
deleted text end
new text begin
persons
new text end
to provide the service, the commissioner

must consider all
deleted text begin
inspectors
deleted text end
new text begin
code enforcement staff
new text end
who are employed by the municipality,

are under contract with the municipality to provide
deleted text begin
inspection
deleted text end
new text begin
code enforcement
new text end
services,

or are obligated to provide
deleted text begin
inspection
deleted text end
new text begin
code enforcement
new text end
services to the municipality under

any other lawful agreement.

(b) The criteria used to make this determination shall be provided in writing to the

municipality requesting an agreement.

(c) If the commissioner determines that the municipality lacks enough adequately trained

and qualified
deleted text begin
inspectors
deleted text end
new text begin
persons
new text end
to provide the required services, a written explanation of

the deficiencies shall be provided to the municipality.

(d) The municipality shall be given an opportunity to remedy any deficiencies and request

reconsideration of the commissioner's determination. A request for reconsideration must

be in writing and accompanied by substantiating documentation. A request for reconsideration

must be received by the commissioner within 90 days of the determination explanation.

The commissioner shall review the information and issue a final determination to the

municipality within 30 days of the request.

(e) A municipality aggrieved by a final decision of the commissioner to not enter into

an agreement may appeal to be heard as a contested case in accordance with chapter 14.

Sec. 2.

Minnesota Statutes 2024, section 326B.107, subdivision 3, is amended to read:

Subd. 3.

Municipal agreement for certain building projects.

The commissioner shall

enter into an agreement with a municipality other than the state for
new text begin
plan review,
new text end
inspection,

code administration, and code enforcement of reserved projects occurring on public buildings

and state-licensed facilities in its jurisdiction if the municipality has a designated building

official as required by section
326B.133
and requests to provide those services.

For purposes of this subdivision, "reserved projects" includes the following:

(1) roof covering replacement that does not add roof load;

(2) towers requiring special inspection;

(3) single-level storage buildings not exceeding 5,000 square feet;

(4) exterior maintenance work, including replacement of siding, windows, and doors;

(5) HVAC unit replacement that does not add roof load or ventilation capacity;

(6) accessibility upgrades not involving building additions or structural alterations;

(7) remodeling that does not change the building's occupancy, structural system, exit

access or discharge pattern, or mechanical load; and

(8) other projects determined to be reserved by the commissioner.