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Home My WebLink About123-04 Text Amendment Section 401, Building Code_Ord4646 Dakota Street SE | Prior Lake, MN 55372 952.447.9800 | www.priorlakemn.gov CITY OF PRIOR LAKE ORDINANCE NO. 123-04 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 401, BUILDING CODE AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, ordains: 1. City Code Section 401, BUILDING CODE, is hereby deleted in its entirety and replaced with: 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. 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. 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 part of the building code: 1.Chapter 1335 Floodproofing Regulations, Parts 1335.0600 to 1335.1200 2.Chapter J Grading 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. 2 401.200: APPLICATION, ADMINISTRATION AND ENFORCEMENT: The application, administration and enforcement of the Code shall be in accordance with Minnesota Rule, part 1300.2100 and as modified by Chapter 1305. The Code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, section 16B.62, subdivision 1. 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. 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 shal 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 collected. 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]. 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 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. 3 401.402: 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. 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) 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. 4 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 $100,00 0. $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. 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. 3. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of July 2023. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor A summary of this resolution to be published in the Prior Lake American on Saturday, July 29, 2023.