Purpose

• Align local government practices with the State Building Code by updating how cities administer, enforce, and document building-related requirements.
• Modernize documentation procedures to include electronic submissions and communications.
• Clarify when and how municipalities can enforce the State Building Code in areas outside their official city limits.

Main Provisions

• Municipal enforcement continuity

  • Cities that already have an ordinance adopting the State Building Code as of January 1, 2008 must continue to administer and enforce it.
  • These cities may not repeal that ordinance.
  • Small cities (population under 2,500, located outside a specified metropolitan county) are exempt from mandatory enforcement.

• Optional enforcement by ordinance

  • Municipalities not required to enforce the Code may choose to do so by adopting the State Building Code by ordinance.

• Consistency with the State Building Code

  • Municipalities cannot impose building code provisions that differ from the State Building Code.
  • They may require existing components or systems to be maintained in a safe and sanitary condition, but not beyond the original standards, unless retroactive provisions have been adopted as part of the Code.
  • Municipalities may adopt more restrictive ordinances if geological conditions justify them, with an appeal option to the state building official (commissioner).

• Extraterritorial enforcement

  • A city may extend Code administration and enforcement to contiguous unincorporated areas up to two miles away, if not already enforced there.
  • If two or more noncontiguous cities have nearby boundaries (less than four miles apart), each can enforce on its side of a line equidistant between them.
  • Once extended, extraterritorial enforcement continues even if another nearby city later enforces the Code.
  • All rules and processes of the Code apply in the extended area.

• Process and notice for extraterritorial enforcement

  • Before starting outside its jurisdiction, a city must notify the commissioner, the county auditor, and town clerks in the affected towns.
  • A public hearing must be held at least 30 days after the notice.
  • Enforcement outside the city must begin sometime between 90 days and one year after the public hearing.

• Methods of enforcement and funding

  • Cities may enforce the Code through contracts with other municipalities or qualified individuals.
  • Building permit fees or other arrangements may reimburse those assisting with enforcement.
  • If no qualified local personnel are available, the state commissioner must train and designate staff to carry out enforcement, with reimbursement possible through permit fees or other means.

• Relationship to zoning, subdivision, and planning

  • The bill does not prevent cities from enacting zoning, subdivision, or planning ordinances, as long as they do not conflict with State Building Code provisions.

• Electronic submissions and documentation

  • Home rule charter or statutory cities must accept electronic submissions (applications, certifications, and other project documentation).
  • “Electronic means” include email, PDFs, electronic signatures, stamps, and other technology used to exchange and verify building project information.

Significant Changes from Current Law

• Explicit modernization of documentation procedures to include electronic formats and submissions.
• Authorized and process-defined extension of building code enforcement beyond city boundaries (extraterritorial enforcement) with clear notification and public hearing requirements.
• Creation of funding mechanisms for enforcement through building permit fees and othe r means, plus state training support if local staff are unavailable.
• Allowance for more restrictive local ordinances only under specific conditions (geological justification) and established appeal pathways.
• Stronger emphasis on keeping local enforcement aligned with the State Building Code while enabling inter-municipal cooperation and streamlined electronic processes.

Terminology to Note

• State Building Code
• Minnesota Statutes 326B.121, subdivision 2
• Municipal enforcement
• Extraterritorial enforcement / extended jurisdiction
• Contiguous unincorporated territory
• Building permit fee
• Commissioner (state building official)
• Public hearing
• Electronic means (electronic submissions, e-signatures, PDFs)
• Zoning / planning / subdivision (non-conflicting)
• Retroactive provisions

Relevant Terms - State Building Code - building permit - commissioner - extraterritorial enforcement - electronic submissions - notice and public hearing - contracting with other municipalities - office of county auditor - town clerk - home rule charter - evolving documentation procedures