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City of Prior Lake 401/p1
SECTION 401
BUILDING CODE
SUBSECTIONS:
401.100: BUILDING CODE
401.200: APPLICATION, ADMINISTRATION AND ENFORCEMENT
401.300: PERMITS AND FEES
401.400: RESIDENTIAL CONTRACTOR'S DEPOSIT
401.500: VIOLATIONS AND PENALTIES
401.600: CASH PAYMENT FOR PARK PURPOSES
401.100: BUILDING CODE: The Minnesota State Building Code (Code), as adopted by the
Commissioner of Labor and Industry pursuant to Minnesota Statues chapter 326B,
including all of the amendments, rules and regulations established, adopted and
published from time to time by the Minnesota Commissioner of Labor and Industry,
through the Building Codes and Standards Unit, is hereby adopted by reference
with the exception of the optional chapters, unless specifically adopted by
ordinance. The Minnesota State Building Code is hereby incorporated in this
ordinance as if fully set out herein. (Amd. Ord. 123-04, pub. 7/29/23)
401.101 The City of Prior Lake may adopt by reference or all of the following optional
chapters of Minnesota Rules: Chapter 1306, Special Fire Protection Systems; with
local designation options and Chapter 1335, Floodproofing Regulations, parts
1335.0600 to 1335.1200.
(amd. Ord 107-15, pub. 8/11/07)
401.102 The City of Prior Lake may adopt by reference Appendix J (Grading) of the 2006
International Building Code. The following optional provisions identified in Section
4, SUBP. B and C are hereby adopted and incorporated as pat of the building code:
1. Chapter 1335 Floodproofing Regulations, Parts 1335.0600 to 1335.1200
2. Chapter J Grading
(Amd. Ord. 112-01, publ. 01/14/12)
401.103 Any person applying for a building permit which may require removal or disturbance
from the natural surface of the earth or sod, soil, sand, gravel, stone or other matter,
shall submit an erosion control plan as outlined in the current City of Prior Lake
Public Works Design Manual. No permit shall be issued until the erosion control
plan is approved by the City Engineer.
(amd. Ord. 03-07, pub. 6/28/03) (amd. Ord. 107-15, pub. 8/11/07)
401.200: APPLICATION, ADMINISTRATION AND ENFORCEMENT: The application, administration
and enforcement of the Code shall be in accordance with Minnesota Rule, part
1300.0120 and as modified by Chapter 1305. The Code shall be enforced within the
extraterritorial limits permitted by Minnesota Statutes, section 16B.62, subdivision 1.
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The Building Inspection Department shall administer the Building Code for the City.
A Minnesota certified "Building Official" will administer the Code in accordance with
Minnesota Statutes 326B.133 Subdivision 1. (Amd. Ord. 123-04, pub. 7/29/23)
401.300: PERMITS AND FEES: The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statutes, section 16B.62, subdivision 1. Permit fees shall
be assessed for work governed in accordance with the fee schedule adopted by the
City of Prior Lake annually, and Table 1-A herein.
1) In addition, when submittal documents are required, a plan review fee of 65% of
the normal building permit fee shall be colleted. The plan review fees specified
in the Section are separate fees from the permit fees specified and are in
addition to the permit fees.
2) An investigation fee, in addition to the permit fee, shall be collected whenever
any work for which a permit is required by this Code has been commenced
without first obtaining said permit. The investigation fee shall be equal to the
amount of the permit fee required. The payment of such investigation fee shall
not exempt any person from compliance with all other provisions of this Code,
nor from any penalty prescribed by law.
3) A re-inspection fee may be assessed for each re-inspection when such portion
of work for which inspection is called is not complete or when corrections called
for are not made. Re-inspection fees may be assessed when the inspection
record card is not readily available, approved plans are not readily available,
failure to provide access on the date for which inspection is required, or for
deviating from plans requiring the approval of the Building Official. The fee shall
be in accordance with Table 1-A as set forth in the fee schedule adopted by the
City Council.
4) Fee refunds of any fee paid hereunder may be authorized by the Building
Official if erroneously paid or collected. The Building Official may authorize
refunding of not more than 80 percent (80%) of the permit fee paid when no
work has been done under a permit issued in accordance with this Code. The
Building Official shall not authorize refunding of any fee paid except on written
application filed by the original permittee not later than 180 days after the date
of fee payment.
[See Table 1-A following this Section].
(Ord. Amd. 03-07, publ. 06/28/2003)
(Ord. Amd. 118-21, publ. 12/15/2018)
401.400: RESIDENTIAL CONTRACTOR'S DEPOSIT:
401.401 Any person engaging in the construction of a new one-or two-family dwelling, either
attached or detached, will complete all exterior items associated with such
construction, including but not limited to grading, sodding, landscaping, tree
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planting, driveways, siding and painting. All boulevard, front and side yard areas
must be sodded except those areas that are otherwise landscaped, and all rear
yards must be seeded or sodded. Turf must be established within the time
specified by the temporary certificate of occupancy.
(amd. Ord 111-04, pub. 5/6/11)
401.402 The fee deposited with the City Manager pursuant to subsection 401.300 by any
person engaging in the construction of a one- or two-family dwelling shall also be
used as security to ensure compliance with subsection 401.401.
401.403 Should the person fail to comply with subsection 401.401, the City Building
Inspector shall notify the person in violation of subsection 401.401, who shall then
have ten (10) days to comply with subsection 401.401. Any person not in
compliance after such time has elapsed shall forfeit his or her deposit and shall be
billed for clean-up or corrective work to rectify the problem. A person allowing a
temporary certificate of occupancy to expire shall automatically forfeit one-third (1/3)
of their deposit. (Amd. Ord. 123-04, pub. 7/29/23)
401.404 Upon proper compliance with subsection 401.401 and subsections 401.402 and
401.403, the City Manager shall refund the remaining portion of the deposit
provided in subsection 401.300.
401.500: VIOLATIONS AND PENALTIES: A violation of the code is a misdemeanor (Minnesota
Statutes 326B.082, Subd.16). (Amd. Ord. 123-04, pub. 7/29/23)
401.600: CASH PAYMENT FOR PARK PURPOSES: A cash payment, to be reserved for park
purposes, shall be made to the City prior to the issuance of building permits for
construction on unplatted lands or on lands subdivided or platted prior to February
5, 1973. The developer of real estate seeking a building permit shall pay to the City
a fee, as determined by the City Council, for each construction unit. A standard
detached dwelling residence, single family, shall be considered a standard
construction unit. Other uses shall be charged in accordance with the unit charges
established by the Metropolitan Waste Control Commission.
This Section shall apply to all property whether platted, unplatted or platted prior to
February 5, 1973, whether or not property in the subdivision has been donated for
park purposes. All monies collected hereunder shall be reserved for public park
purposes.
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TABLE 1-A: BUILDING PERMIT FEES
TOTAL VALUATION FEE
$1.00 to $500 $29.50
$501 to $2,000 $28 for the first $500 plus $3.70 for each additional $100, or
fraction thereof, to and including $2,000.
$2,001 to $25,000 $83.50 for the first $2,000 plus $16.55 for each additional
$1,000 or fraction thereof, to and including $25,000.
$25,001 to $50,000 $464.15 for the first $25,000 plus $12 for each additional
$1,000 or fraction thereof, to and including $50,000.
$50,001 to $100,000 $764.15 for the first $50,000 plus $8.45 for each additional
$1,000, or fraction thereof, to and including $100,000.
$100,001 to $500,000 $1,186.65 for the first $100,000 plus $6.75 for each additional
$1,000 or fraction thereof, to and including $500,000.
$500,001 to $1,000,000 $3,886.65 for the first $500,000 plus $5.50 for each additional
$1,000 or fraction thereof, to and including $1,000,000.
$1,000,000 and up $6,636.65 for the first $1,000,000 plus $4.50 for each
additional $1,000 or fraction thereof.
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