CHAPTER 10: CONSTRUCTION; HOUSING CODES AND REGULATIONS

CHAPTER 10: CONSTRUCTION; HOUSING CODES AND REGULATIONS

CHAPTER 10: CONSTRUCTION; HOUSING CODES AND REGULATIONS Chapter Page General Provisions 10.01 Adoption of codes 2 Specific Construction Permits 10.04 Moving buildings 4 10.05 Gas and oil permits and installations 5 10.06 Awnings, canopies and marquees 6 10.07 Private water wells 7 10.08 Private sewage disposal systems 7 10.09 Permit and plan review fees 7 10.10 Minnesota Electrical Act 7 10.01 ADOPTION OF CODES. GENERAL PROVISIONS A) Codes Adopted by Reference. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B75, including all of the amendments, rules and regulations, and perpetually to include the most current edition of the Minnesota State Building Code, as 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. (B) Application, Administration and Enforcement. The application, administration and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes 16B.62, subdivision 1, when so established by this ordinance. The code enforcement agency of this City is called the Building Official and Zoning Administrator office. This code shall be enforced by the Minnesota Certified Building Official designated by this City to administer the code (Minnesota Statute 16B.65) subdivision 1. (C) Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62, Subdivision 1. 2

Permit fees shall be assessed for work governed by this code in accordance with the following fee schedule: BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $15.00 $501.00 to $2,000.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours $65.00 per hour* (minimum charge two hours) 2. Reinspection fees assessed under provisions of Section 305(g).$65.00 per hour* 3. Inspections for which no fee is specifically indicated $65.00 per hour* (minimum charge one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans...$30.00 per hour* (minimum charge one-half hour) 3

*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. ( 92 Code, 10.01; Ord. 26, Fourth Series, eff. 12-15-91; Am. Ord. 5, Fifth Series, passed 3-15- 96; Am. Ord. 35, Fifth Series, passed 11-16-98; Am. Ord. 12, Sixth Series, eff. 1-1-04; Am. Ord. 25, Sixth Series, eff. 6-30-04; Am. Ord. 64, Sixth Series, eff. 3-15-07) SPECIFIC CONSTRUCTION PERMITS 10.04 MOVING BUILDINGS. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMBINED MOVING PERMIT. A permit to move a building on both a street and a highway. HIGHWAY. A public thoroughfare for vehicular traffic which is a state trunk highway, county state-aid highway or county road. MOVING PERMIT. A document allowing the use of a street or highway for the purpose of moving a building. (a) HIGHWAY MOVING PERMIT. A permit to move a building on a highway for which a fee is charged which does not include route approval, but does include regulation of activities which do not involve the use of the highway; which activities include, but are not limited to, repairs or alterations to a municipal utility required by reason of the movement. (b) STREET MOVING PERMIT. A permit to move a building on a street for which a fee is charged which does include route approval, together with use of the street and activities including, but not limited to, repairs or alterations to a municipal utility required by reason of the movement. STREETS. A public thoroughfare for vehicular traffic which is not a state trunk highway, county state-aid highway or county road. (B) Application. The application for a moving permit shall state the dimensions, weight and approximate loaded height of the structure or building proposed to be moved, the places from which and to which it is to be moved, the route to be followed, the dates and times of moving and parking, the name and address of the mover, and the municipal utility and public property repairs or alterations that will be required by reason of the movement. In the case of a street moving 4

permit or combined moving permit the application shall also state the size and weight of the structure or building proposed to be moved and the street alterations or repairs that will be required by reason of the movement. All applications shall be referred to the Public Works and the Police departments. No permits shall be issued until route approval has been obtained from the departments. (C) Permit and fee. The moving permit shall state the date or dates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the state, except that a permit may be issued to a person moving his or her own building, or a person moving a building which does not exceed 12 feet in width, 25 feet in length or 16 feet in loaded height. Fees to be charged shall be separate for each of the following: (1) A moving permit fee to cover use of streets and route approval; and (2) A fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or alterations occasioned by the movement. All permit fees shall be paid in advance of issuance. (D) Building permit and code compliance. Before any building is moved from one location to another within the city, or from a point of origin without the city to a destination within the city regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the Minnesota Building Code. (E) Unlawful acts. (1) It is unlawful for any person to move a building on any street without a moving permit from the city. (2) It is unlawful for any person to move a building on any highway without a highway moving permit from the city. (3) It is unlawful to move any building (including a manufactured home) if the point of origin or destination (or both) is within the city, and regardless of the route of movement, without having paid in full all real and personal property taxes, special assessments and municipal utility charges due on the premises of origin and filing written proof of payment with the city. ( 92 Code, 10.04) (Ord. 26, Fourth Series, eff. 12-15-91) Penalty, see 1.99 10.05 GAS AND OIL PERMITS AND INSTALLATIONS. It is unlawful for any person to install, alter or repair any gas or oil fuel system without first obtaining a permit therefor from the city. ( 92 Code, 10.05) (Ord. 47, Second Series, eff. 7-1-74) Penalty, see 1.99 5

10.06 AWNINGS, CANOPIES AND MARQUEES. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADJUSTABLE AWNINGS. (a) Any entrance or window covering, constructed of wood and canvas, or metal and canvas, or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building and capable of being raised or lowered by means of ropes or mechanical device. (b) Every adjustable awning constructed or placed over any sidewalk shall be at least seven feet above the sidewalk at its lowest point; provided, that a hanging border of canvas or similar material may drop vertically to a point not less than six feet six inches above the sidewalk. CANOPY or MARQUEE. Any entrance or window covering constructed of metal, or metal and glass, or other non-combustible material, projecting from the exterior surface of the wall of a building. (B) Application to adjustable awnings. (1) No adjustable awning as herein defined shall project more than 15 feet from the exterior wall of a building into the public easement for street or sidewalk purposes, but in no event beyond the curb. (2) Every adjustable awning constructed or placed over any sidewalk shall be at least seven feet above the sidewalk at its lowest point; provided, that a hanging border of canvas or similar material may drop vertically to a point not less than six feet six inches above the sidewalk. (3) All adjustable awnings shall be supported without posts by iron brackets or by an iron frame firmly attached to the building so as to leave the sidewalk wholly unobstructed thereby. (C) Fixed awnings. All of the rules and regulations with reference to adjustable awnings as appearing in division (B) shall apply and be in force and effect as to fixed awnings, except that fixed awnings may be supported by metal or other non-combustible posts or supports, but posts or supports shall be fastened adjacent to or on the curb, but the supports shall be removed in the event the fixed awning is removed. ( 92 Code, 10.30) (Ord. 180, eff. 10-18-54; Am. Ord. 47, Second Series, eff. 7-1-74) 10.07 PRIVATE WATER WELLS. (A) Permit required. It is unlawful for any person to install, alter, repair or extend any private water well without first obtaining a permit therefor from the Zoning Administrator. Permit 6

applications shall contain information as is called for on the form furnished by the city. (B) Standards. All installation, alteration, repair or extension of private water wells shall conform to the rules and regulations promulgated by the Minnesota Department of Health, three copies of which shall be kept on file in the office of the City Administrator and open to inspection by the public. ( 92 Code, 10.40) (Ord. 8, Third Series, eff. 7-1-79) Penalty, see 1.99 10.08 PRIVATE SEWAGE DISPOSAL SYSTEMS. (A) Permit required. It is unlawful for any person to install, alter, repair or extend any private sewage disposal systems without first obtaining a permit therefor from the Zoning Administrator. Permit applications shall contain information as is called for on the form furnished by the city. (B) Standards. All private sewage disposal systems shall conform to the standards promulgated by the Minnesota Pollution Control Agency. Three copies of the document shall be kept on file in the office of the City Administrator and open to inspection by the public. ( 92 Code, 10.50) (Ord. 8, Third Series, eff. 7-1-79; Am. Ord. 78, Third Series, eff. 1-10-83) Penalty, see 1.99 10.09 PERMIT AND PLAN REVIEW FEES. Fees for permits and plan reviews under this chapter, which may include a surcharge, shall be determined by the Council and fixed by its resolution, a copy of which shall be in the office of the administrative authority, or Building Official, and uniformly enforced. ( 92 Code, 10.90) (Ord. 49, Third Series, eff. 1-1-80) 10.10 MINNESOTA ELECTRICAL ACT. (A) Authority to Inspect. The City of Fergus Falls hereby provides for the inspection of all electrical installations, pursuant to Minn. Stat. 326B.36. subd. 6. (B) Adopted by Reference. The Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 326B, Sections 326B.31 to 326B.399. The Minnesota Electrical Act is hereby incorporated into this ordinance as if fully set out herein. The Minnesota State Building Code incorporates by reference the National Electrical Code pursuant to Minn. R. 1315.0020. All such codes incorporated herein by reference constitute the electrical code of the City of Fergus Falls. (C) Compliance. All electrical installations shall comply with the requirements of the electrical code of the City of Fergus Falls and this ordinance. 7

(D) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 326B.37. Any inspection or handling fees will be payable to the City of Fergus Falls. In addition, a state surcharge fee of $5.00 shall be collected on all permits issued for work governed by this ordinance in accordance Minn. Stat. 326B.148. (E) Notice and appeal. All notices of violations and orders issued under this ordinance shall be in conformance with Minn. Stat. 326B.36, subd. 4. (F) Violations and penalties. A violation of the Minnesota Electrical Act is a misdemeanor. (M.S. 326B.082, subd. 16). (Ord. 132, Sixth Series, eff. 9-1-11) 8