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HomeMy WebLinkAbout9B - 1998 State Building Code MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JANUARY 4, 1999 9B ROBERT D. HUTCHINS, BUILDING OFFICIAL CONSIDER APPROVAL OF ORDINANCE 99-XX ADOPTING 1998 STATE BUILDING CODE AND 1997 UNIFORM BUILDING CODE AND APPROVING AN AMENDMENT TO TITLE 4 CHAPTER 1 OF THE PRIOR LAKE CITY CODE TO REPLACE SECTIONS 4-1-1 AND 4-1-2 OF TITLE 4 CHAPTER 1 OF THE PRIOR LAKE CITY CODE History Chapter 561 of the 1972 Sessions Laws established the Minnesota State Building Code which superseded all municipal building codes and became effective July 1, 1972. All metropolitan area municipalities must adopt the State Building Code which in turn adopts the Uniform Building Code. As new State Building Codes are adopted, Prior Lake is required to incorporate the new provisions into their ordinances. Current Circumstances At the March 6, 1995 City council meeting, Ordinance 95-04, was passed amending Title 4, Chapter 1, of the Prior Lake City Code. The amendment adopted the 1995 Minnesota State Building Code which includes Chapter 1305 which adopted the 1994 Uniform Building Code. As of October 5, 1998, the 1998 State Building Code has been amended by adopting Chapter 1305 which adopted the 1997 Uniform Building Code. This is the code the city must now adopt and enforce. Issues The 1998 Minnesota State Building Code has made some minor changes in the residential sections of the Code compared to the 1995 Minnesota State Building Code. It has made changes as it relates to commercial buildings in the area of corridors. This change will result in substantial cost savings for the typical commercial buildings that are built in the City. 162~~~.lD~r~.BByil€1l Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The new code allows cities to use a new fee schedule which increases permit fees by 8.9%. I have completed a survey of surrounding communities (see attached). Of the ten communities, five appear ready to adopt the new fee schedule with the remaining five either undecided or choosing another option. I believe it would be prudent to defer the fee schedule until we have a better understanding of what other communities intend to do. Conclusion The State of Minnesota statutes sections 16B.62 mandates that the City of Prior Lake shall adopt the Minnesota State Building Code. Minnesota State Building Code Section 1305.0107.3 states that the City may adopt their own fee schedule. The City Council has three alternatives: 1. Adopt Ordinance 98-XX Adopting 1998 State Building Code and 1997 Uniform Building Code and Approving an Amendment to Title 4, Chapter I, of the Prior Lake City Code to replace sections 4-1-1 and 4-1-2 of Title 4, Chapter I, of the Prior Lake City Code. but not adopting a new fee schedule. 2. Deny Ordinance 98-XX Approving an Amendment to Title 4 and 4-1-2 of Title 4, Chapter 1, of the Prior Lake City Code. 3. Defer this item and provide staff with specific direction Motion and second as part of the Consent Agenda to Adopt Ordinance 98-XX approving an amendment to Title 4, Chapter 1 of the Prior L e City Code to replace sections 4-1-1 and 4-1-2 of Title 4, C apter , of the Prior Lake City Code but not adopting a new fee c ule. J:\ORD97UBC.DOCFrank Boyles CITY OF PRIOR LAKE ORDINANCE #98- AN ORDINANCE AMENDING TITLE 4 OF THE PRIOR LAKE CITY CODE: The City Council of the City of Prior Lake does hereby ordain: 1. Sections 4-1-1 and 4-1-2 of Title 4, Chapter I, of the Prior Lake City Code are hereby amended in their entirety to read as follows: 4-1-1: BUILDING CODE: The Minnesota State Building Code (Code), established pursuant to Minnesota Statutes sections 16B.59 through 16B.75, and as may hereafter be amended from time to time, three (3) copies of which are on file in the office of the Prior Lake Building Inspection Department, is hereby adopted as the Building Code for the City of Prior Lake. Such Code and such future amendments are hereby incorporated in this Chapter as completely as if set out in full. (A) The Minnesota State Building Code includes the following chapter of Minnesota Rules: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.. 11. 12. 13. 14. 980RD.DOC Chapter 1300 Chapter 1301 Chapter 1302 Chapter 1305 (a) (b) (c) (d) Chapter 1307 Chapter 1315 Chapter 1325 Chapter 1330 Chapter 13 3 5 Chapter 1340 Chapter 1346 Chapter 1350 Chapter 1360 Chapter 1361 Minnesota Building Code , Building Official Certification State Building Construction Approvals Adoption of the 1997 Uniform Building Code including Appendix Chapters: 3, Division I, Detention and Correctional Facilities 12, Division II, Sound Transmission Control 16, Division I, Snowload Design 29, Minimum Plumbing Fixtures Elevators and Related Devices Adoption of the 1996 National Electrical Code Solar Energy Systems Fallout Shelters Floodproofing Regulations Facilities for the Handicapped Adoption of the 1991 Uniform Mechanical Code Manufactured Homes Prefabricated Buildings Industrialized/Modular Buildings 15. 16. 17. Chapter 1370 Chapter 4715 Chapter 7670 Storm Shelters (Manufactured Home Parks) Minnesota Plumbing Code Minnesota Energy Code (B) The adoption of the Code also includes adoption of the following optional appendix chapters of the Code: 1. 2. Chapter 15 Chapter 31 Reroofing Division II, Membrane Structures (C) The adoption of the Code also includes adoption of the following optional chapters of Minnesota Rules: 1. 2. 3. Chapter 1306 Chapter 1310 Chapter 1335 Special Fire Protection Systems with Option 8 Building Security Floodproofing Regulations, Parts 1335.0600 to 1335.1200 (D) Section 109.1 of the 1997 Uniform Building Code (UBC) is hereby adopted, as amended below: 1. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided therein. EXCEPTION: Group U Occupancies 2. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the UBC or of other ordinances of the City of Prior Lake. Certificates presuming to give authority to violate or cancel the provisions of the UBC or other ordinances of the City of Prior Lake shall not be valid. (E) All new construction in the 1-2 Light Industrial Zoning District shall be exempt from the provisions of subsection 4-1-1 (C) 1. (F) 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 1989 edition of "Protecting Water Quality in Urban Areas," published by the Minnesota Pollution Control Agency, or an equivalent set of standards. No permit shall be issued until the erosion control plan is approved by the City Engineer. 4-1-2: APPLICATION, ADMINISTRATION AND ENFORCEMENT: 980RD.DOC (A) 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 Statute 16B.62, subdivision I. (B) The Prior Lake Building Inspection Division shall administer the Building Code for the City. A Minnesota certified "Building Official" will administer the Code. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1998. day of ATTEST: City Manager Mayor Published in the Prior Lake American on the day of .1998. DRAFTED BY: City of Prior Lake Building Inspection Division 16200 Eagle Creek Avenue Prior Lake, MN 55372 9SORD.DOC CITY OF PRIOR LAKE ORDINANCE NO. 95- 04 AN ORDINANCE AMENDING TITLE 4 OF THE PRIOR LAKE CITY CODE. The City Council of the City. of Prior Lake does hereby ordain: 1. Sections 4-1-1, 4-1-2 and 4-1-3 of Title 4, Chapter 1, of the Prior Lake City Code are hereby amended in their entirety to read as follows: 4-1-1: BUILDING CODE: The Minnesota State Building Code (Code), established pursuant to Minnesota Statutes sections 16B.59 through 16B.75, and as may hereafter be amended from time to time, three (3) copies of which are on file in the office of the Prior Lake Building Inspection Department, is hereby adopted as the Building Code for ' the City of Prior Lake. Such Code and such future amendments are hereby incorporated in this Chapter as completely as if set out in full. (A) The Code includes the following chapters of Minnesota Rules: 1. Chapter 1300 2. Chapter 1301 3. Chapter 1302 4. Chapter 1305 (a) (b) (c) 5. Chapter 1307 6. Chapter 1315 7. Chapter 1325 8. Chapter 1330 9. Chapter 1335 10. Chapter 1340 11. Chapter 1346 12. Chapter 1350 13. Chapter 1360 14. Chapter 1365 15. Chapter 1370 16. Chapter 4715 17. Chapter 7670 Minnesota Building Code Building Official Certification State Building Construction Approvals Adoption of the 1994 Uniform Building Code including Appendix Chapters: 3, Division I, Detention and Correctional Facilities 12, Division II, Sound Transmission Control 29, Minimum Plumbing Fixtures Elevators and Related Devices Adoption of the 1993 National Electrical Code Solar Energy Systems Fallout Shelters Floodproofing Regulations Facilities for the Handicapped Adoption of the 1991 Uniform Mechanical Code Manufactured Homes Prefabricated Buildings Snow Loads Storm Shelters Minnesota Plumbing Code Minnesota Energy Code (B) The adoption of the Code also includes adoption of the following optional appendix chapters of the Code: 1. 2. Chapter 15 Chapter 31 Reroofing Division II, Membrane Structures (C) The adoption of the Code also includes adoption of the following optional chapters of Minnesota Rules: 1. 2. 3. Chapter 1306 Chapter 1310 Chapter 1335 Special Fire Protection Systems with Option B Building Security Floodproofing Regulations, Parts 1335.0300 to 1335.3100 (D) Section 109.1 of the 1994 Uniform Building Code (UBC) is hereby adopted, as amended below: 1. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group U Occupancies 2. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the UBC or of other ordinances of the City of Prior Lake. Certificates presuming to give authority to violate or cancel the provisions of the UBC or other ordinances of the City of Prior Lake shall not be valid. (E) All new construction in the 1-2 Light Industrial Zoning District shall be exempt from the provisions of subsection 4-1-1(C)1. (F) 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 1989 edition of "Protecting Water Quality in Urban Areas," published by the Minnesota Pollution Control Agency, or an equivalent set of standards. No permit shall be issued until the erosion control plan is approved by the City Engineer. 4-1-2: APPLICATION, ADMINISTRATION AND ENFORCEMENT: (A) 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 Statute 16B.62, subdivision 1. (B) The Prior Lake Building Inspection Department shall be the Building Code Department of the City. A Minnesota certified "Building Official" will administer the Code. -, 4-1-3: PERMITS AND FEES: (A) The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B.62, subdivision 1, and as provided for in chapter 1 of the Code and Minnesota rules parts 1305.0106 and 1305.0107. (B) Permit fees shall be assessed for work governed by this Code in accordance with Table No(s). lA of this Ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Code in accordance with Minnesota Statute 16B.70. II. Section 4-1-5 of Title 4, Chapter 1, of the Prior Lake City Code is hereby deleted in its entirety and the current sections 4-1-6 and 4-1-7 shall be renumbered as 4-1-5 and 4-1-6, respectively. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 6th day of March 1995. ATTEST: ~-IufL IlL..Jk'L ~ ...,.;1" City Manager ~~u, ~/~ M or Published in the Prior Lake American on the 25thday of March , 1995. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 S:\SHDA T A \ 16772G\SDU\BLDG ,ORD ..... -, Memorandum TO: From: C.C.: RE: Frank Boyles Robert D. Hutchins (liJ H-' Don Rye Uniform Building Code Fee Schedule This is in response to your inquiry concerning the amount of fees that are proposed in the 1997 Uniform Building Code (UBC). The following is a survey of our neighboring communities. It indicates their current fee schedule and their proposed fee schedule that will be used to determine the fees for a building permit. Table 1A from the Uniform Building Code is used for the fee schedule. CITY CURRENT Belle Plaine 1988 UBC with 65% plan review Burnsville 1994 UBC with 65% plan review Chaska Residential 1994 UBC with 50% plan review Commercial 1994 UBC with 65% plan review Jordan 1988 UBC with 50% plan review Lakeville 1994 UBC with 65% plan review New Prague 1994 UBC with 65% plan review Prior Lake 1994 UBC with 65% plan review Savage 1994 UBC with 65% plan review Scott County Includes Elko, New Market Shakopee 1988 UBC with 65% plan review 1994 UBC with 65% plan review PROPOSED JANUARY 1, 1999 A 1999,2000,2001 phase in or the 1994 UBC with 65% plan review 1997 UBC with 65% plan review 1997 UBC with 50% plan review 1997 UBC with 65% plan review 1988 UBC with 50% plan review 1997 UBC with 55% plan review will use 65% plan review in 2000 1994 UBC with 65% plan review Undecided Undecided Undecided 1997 UBC with 65% plan review The fee schedule in the UBC is used as a guide and can be modified for individual use. The city can use any type of formula to phase in the proposed 1997 UBC fee schedule. An example for a three year program, the first year the plan review starts at 45%, second year 55%, third and fmal year 65%. Please provide the Inspection Department with your guidance on what to include in the coucil agenda report for adopting the new ordinance 98-XX. C:\WINDOWS\TEMP\BLOO,DQC