Municipal enforcement modification

A bill for an act

relating to the State Building Code; modifying municipal enforcement; amending

Minnesota Statutes 2024, section 326B.121, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 326B.121, subdivision 2, is amended to read:

Subd. 2.

Municipal enforcement.

(a) If, as of January 1, 2008, a municipality has in

effect an ordinance adopting the State Building Code, that municipality must continue to

administer and enforce the State Building Code within its jurisdiction. The municipality is

prohibited from repealing its ordinance adopting the State Building Code. This paragraph

does not apply to municipalities with a population of less than 2,500 according to the last

federal census that are located outside of a metropolitan county, as defined in section
473.121,

subdivision 4
.

(b) If a municipality is not required by paragraph (a) to administer and enforce the State

Building Code, the municipality may choose to administer and enforce the State Building

Code within its jurisdiction by adopting the code by ordinance.

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(c) All new residential construction and remodeling projects must be inspected by the

commissioner for compliance with the State Building Code unless:

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(1) the political subdivision has adopted an ordinance providing for residential inspection

of the State Building Code;

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(2) the political subdivision has a population of fewer than 2,500; or

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(3) the construction or remodeling project meets the definition of replacement or repair

work as defined in Minnesota Rules, part 1300.0120, subpart 4.

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(c)
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(d)
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A municipality must not by ordinance, or through development agreement, require

building code provisions regulating components or systems of any structure that are different

from any provision of the State Building Code. This subdivision does not prohibit a

municipality from enacting or enforcing an ordinance requiring existing components or

systems of any structure to be maintained in a safe and sanitary condition or in good repair,

but not exceeding the standards under which the structure was built, reconstructed, or altered,

or the component or system was installed, unless specific retroactive provisions for existing

buildings have been adopted as part of the State Building Code. A municipality may, with

the approval of the state building official, adopt an ordinance that is more restrictive than

the State Building Code where geological conditions warrant a more restrictive ordinance.

A municipality may appeal the disapproval of a more restrictive ordinance to the

commissioner. An appeal under this subdivision is subject to the schedule, fee, procedures,

cost provisions, and appeal rights set out in section
326B.139
.

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(d)
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(e)
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A city may by ordinance and with permission of the township board extend the

administration and enforcement of the code to contiguous unincorporated territory not more

than two miles distant from its corporate limits in any direction if the code is not already

administered and enforced in the territory. Where two or more noncontiguous cities, which

have elected to administer and enforce the code, have boundaries less than four miles apart,

each is authorized to enforce the code on its side of a line equidistant between them. Once

enforcement authority is extended extraterritorially by ordinance, the authority may continue

to be exercised in the designated territory even though another city less than four miles

distant later elects to enforce the code. After the extension, the city may enforce the code

in the designated area to the same extent as if the property were situated within its corporate

limits. Enforcement of the code in an extended area outside a city's corporate limits includes

all rules, laws, and ordinances associated with administration of the code.

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(e)
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(f)
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A city cannot commence administration and enforcement of the code outside of

its jurisdiction until it has provided written notice to the commissioner, the county auditor,

and the town clerk of each town in which it intends to administer and enforce the code. A

public hearing on the proposed administration and enforcement must be held not less than

30 days after the notice has been provided. Administration and enforcement of the code by

the city outside of its jurisdiction commences on a date determined by the city that is no

less than 90 days nor more than one year after the public hearing.

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(f)
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(g)
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A municipality may enforce the State Building Code by any means that are

convenient and lawful, including entering into contracts with other municipalities under

section
471.59
and with qualified individuals. The other municipalities or qualified

individuals may be reimbursed by retention or remission of some or all of the building

permit fee collected or by other means. If a municipality has no qualified employees of the

municipality or other municipalities or qualified individuals available to carry out inspection

and enforcement, the commissioner shall train and designate individuals available to carry

out inspection and enforcement. The commissioner may be reimbursed for the inspection

by retention or remission of some or all of the building permit fee collected or by other

means.

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(g)
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(h)
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Nothing in this subdivision prohibits a municipality from adopting ordinances

relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision

of the State Building Code that regulates components or systems of any structure.