2003-18
I
I
I
BILL NO. 2003-18
AN ORDINANCE RELATING TO BUILDING AND FIRE CODE
ADMINISTRATION AND ENFORCEMENT; ADOPTING THE
MINNESOTA STATE BUILDING CODE AND MINNESOTA
STATE FIRE CODE BY REFERENCE; AMENDING, ADDING,
AND REPEALING VARIOUS SUBSECTIONS OF SECTION
400 AND 320 OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 400.03 of the Richfield City Code is amended to read as
follows:
400.03. Adoption of Minnesota State Building Code, 1998 odition, ::md Uniform
Housing Codo, 1907 odition. Subdivision 1. Buildinq code. The Minnesota State
Building Code, 1098 odition, one copy of v.'hich ic on filo in tho offico of tho city clork,
h:::lc boon :::Idoptod by Minnosot:J St:::ltutos, soction 16.851 :::IS :::I unif{)rm building coda
:::Ipplic:::lblo throughout tho st:::lto. Such coda ic horeby confirmod :::IS tho building code
of tho city of Richfield :::Ind as adopted by the commissioner of administration pursuant
to Minnesota Statutes chapter 16B.59 to 16B.75, including all of the amendments,
rules and requlations established, adopted and published from time to time by the
state commissioner of administration, throuqh the building codes and standards
division, is adopted by reference with the exception of the optional chapters, unless
specifically adopted in this ordinance. The Minnesota State Buildinq Code is
incorporated in this chapter as completely as if fully set out fA.-ftHl.-herein.
Subd. 2. Buildinq Code Optional Chapters. The followinq optional provisions
identified in the most current edition of the State Building Code are hereby /\doption
bv referenco. Tho 1998 odition of tho Minnocot:J St:::lto Building Codo, :::IC :::Imondod,
:Jdoptc by roferonco cort:Jin codoc, :Jppondicoc, st:Jnd:Jrdc :Jnd supplomont:::ll
m:::ltori:Jls. Tho following codos, :Jppondicos, st:Jnd:Jrdc :::Ind supplomont:::ll m:::ltori:Jlc
afe adopted by reference and incorporated into this code as if fully set out at this
point:
(a) 1300 Minnocot:::l St:J10 Building Codo Chapter 1306, Special Fire
Protection Systems, 1306.0020 Subp. 2 and 1306.0030 option 2
(b) 1301 Building Offici:J1 Cortific:Jtion Chapter 1335, Floodproofinq
Regulations, Parts 1335.0600 throuqh 1335.1200;
(c) 1302 St:Jto Building Construction l\pprov:::Ilc Optional Appendix Chapter
K of the 2002 International Buildinq Code Supplement;
(d)
Ch:::lptors:
1305 /\doption of tho 1997 Uniform Building Codo including /\ppondix
(1) 3. Division 1, Dotontion :Jnd Correction:::ll F:::Icilitios
(2) 12, Division II, Sound Tr:::lnsmicsion Control
(3) 15, Roroofing
0909 State Building Code
(1) 16, Divieion I, Snow L03d Doeign
(5) 29, Minimum Plumbing Fixturoc
(6) /\ppendix Ch3ptor 31, Division II Mombr3no 8tructurm:
(0)
1307 Elov3tore 3nd Robted Dovicos
(f) 1315 /\doption of tho 1 996 ~J3tion31 Eloctric31 Codo
(g) 1325 Sol3r Enorgy Syetoms
(h) 1330 F3110ut Sholtors
(i) 1335 Floodproofing Rogubtions
U) 13'11 Minnoeot3 /\ccossibility Codo
(k) 1316 Adoption of tho 1991 Uniform Moch3nic31 Code
(I) 1350 M3nubcturod Homec
(m) 1360 Probbric3tod Buildings
(n) 1361 Induetrblizod/Modubr Buildings
(0)
1370 Storm Sholtore (M3nubcturod Homo P3rke)
(p)
1715 Minnocot3 Plumbing Code
(q) 7670 Minnosot3 Enorgy Code
(r) Option31 /\ppondix Ch3ptor 33 of tho 1997 Uniform Building Codo.
Exc3v3tion 3nd Gr3ding
(e) Option31 Ch3ptor of Minnoeot3 Rulo 1306, Spoci31 Firo Protoction
Syctemc 'Nith Option 8.
Subd. 3. Building offici31. For purposoe of thie ch3ptor tho torm "building
offici3I" m03ne tho chiof building offici31 of tho inspoction di'v'ieion of the dep3rtmont
of public c3foty.
Subd. 1. Pormite roquirod. It ic unl3'Nful for 3ny person to perform 3ny '....,ork
rogubtod by thie coction without firct h3ving obt::linod 3 pormit to do co, 3nd p3id 311
3pplic3blo foce cont3inod in 3ppondix D
Sec. 2. Section 400 of the Richfield City Code IS amended by adding a new
subsection 400.04 as follows:
400.04. Application, Administration and Enforcement. Subdivision 1. The
application, administration and enforcement of the code shall be in accordance with
the Minnesota State Buildinq Code. The code enforcement aqency of the City of
I
I
I
'-:;':':;"
;(' 4;.';t,~.. , :t....."
I
Richfield is called the inspections division. This code shall be enforced by the state
certified buildinq official desiqnated by the city to administer the code. as provided in
this subsection.
Subd. 2. For purposes of this chapter the term "buildinq official" means the
chief buildinq official of the inspection division of the department of public safety.
Subd. 3. 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 will be assessed for work qoverned by this code in accordance with the
schedule contained in appendix 0 of this code. In addition, a surcharge fee will be
collected on all permits issued for work qoverned by this code in accordance with
Minnesota Statutes, section 16B.70. It is unlawful for any person to perform any work
regulated bv this section without first havinq obtained a permit to do so, and paid all
applicable fees contained in appendix D.
Subd. 4. Fee Waiver. The city council may waive the city's portion of buildinq
permit and plan review fees charqeable to another political subdivision of the state if
the council finds that the action is appropriate by reason of unusual circumstances
unique to the particular proiect involved and that the public interests of the city will be
served thereby.
I
II
Subd. 5. Violations and Penalties. A violation of this code is a misdemeanor.
Sec. 3. Subsection 400.07 of the Richfield City Code is amended to read as follows:
400.07. License and permit fees. heatinq and ventilatinq, air conditioning and
refriqeration. Subdivision 1. No person may engage in the business of heating,
cooling, ventilating or refrigeration construction or installation unless licensed to do so
by the city after demonstration of competency, and submittal of certificates of
insurance and a bond in the amount of $1,000. The annual license fee for heating
and ventilating cooling heating, cooling, air conditioning or refrigeration construction
and installation is provided in appendix D.
Subd. 2. Permits Required. No person may perform any work regulated by
this wee section without first having obtained a permit to do so and paid the fees set
by appendix D.
Sec. 4. Subsection 400.09 of the Richfield City Code is amended to read as follows:
I
400.09. State electrical license. Subdivision 1. Unless otherwise provided by state
law no person may practice or engage in the business or trade of electrical
construction and installation within the city unless such person is the holder of a valid
and current electrical contractor license from the state. No porcon m:::!y eng:::!ge in the
buciness of electric:::!1 contr:::!cting within the city unless such percon is the holder of :::!
v:::!lid :::!nd current electric:::!1 contr:::!ctor'c licence from the ct:::!te.
Subd. 2. Permits Required. Unless otherwise provided by state law no
person may perform any electrical work regulated by this code without first having
obtained a permit to do so. The fees required for permits issued pursuant to this
subsection are contained in appendix D. Permits to ownors. Not'.vithst:mding the
requiremonts of this soction, permits m3Y be issuod to porsonc who ovm 3nd occupy
cinglo bmily dwollingc f-or work porformod within or on s3id dwellingc purcu3nt to
sections 100.05,100.07, ::md 100.09.
I
Sec. 5. Section 400 of the Richfield City Code IS amended by adding a new
subsection to read as follows:
400.10. Permits to Owners. Notwithstandinq the requirements of this section. permits
may be issued to persons who own and occupy sinqle family dwellinqs for work
performed within or on said dweilinqs pursuant to sections 400.05. 400.07, and
400.09.
Sec. 6. Subsections 400.13, 400.15 and 400.17 of the Richfield City Code are
repealed in their entirety.
Sec. 7. Subsection 400.21 of the Richfield City Code is amended to read as follows:
400.21. Fire prevention code: adoption of fire prevention code. The Minnesota
Uniform State Fire Code, as adopted by the state commissioner of public safety, is
including tho 1007 Uniform Firo Codo, 3S 3mondod, 3nd tho 13 volumo n3tion31
codoc, volumoc 1 13 of tho N3tion31 Firo Protoction /\scoci3tion (horoin roferrod to 3e
tho "fire prevontion codo") 3re hereby adopted by reference as though fully set out in
this subsection. with the followinq amendments:
(a) Section 108.1 of the International Fire Code is retained in its entirety.
(b) Section 307 of the International Fire Code is retained in its entirety.
(c) Section 905.3.2 of the International Fire Code is amended by adding
"when approved by the chief' after the word "Exceptions."
(d) Appendix chapters B. C and 0 of the International Fire Code are
adopted by reference as thouqh fully set out in this subsection.
I
Subsections 400.21 to 400.35 400.37 are the fire prevention code of the city.
Sec. 8. Subsection 400.23 of the Richfield City Code is amended to read as follows:
400.23. Fire division department: duties. The fire prevention code is enforced by the
fire department division in tho dep3rtmont of public c3foty under the supervision and
direction of the fire chief of tho firo divicion who is the enforcement officer. The officer
or officers specifically in charge of the administration of this code shall be known as
the fire marshal or marshals and shall be given authority for this purpose by the fire
chief of tho firo division. The fire chief of tho firo division may detail such members of
the fire department divicion as inspectors, working under the fire marshal or
marshals as shall from time to time be deemed necessary. The fire chief of tho fire
division may recommend to the manager the employment of technical inspectors I
who, when such authorization is made, shall be selected to assist the fire marshal or
marshals. In addition to the fire marshal or fire marshals, the fire prevention code
may also be enforced by the building official whenever appropriate and after
consultation with the fire marshal or marshals. A report by the fire marshal shall be
made annually and transmitted to the manager; it shall contain all proceedings under
I
I
I
- ~,! ;',.1" /f.....ii,lt~ ~.'!'-~-,~ ..'" 'ff,
this section, with such statistics as the fire chief of tho firo division may wish to include
therein; the fire chief tho firo..,,9tv.I~ion shall also recommend any amendments to the
code which, in the chiefs judg'ment, shall be desirable.
Sec, 9, Subsection 400.25 of the Richfield City Code is amended to read as follows:
400.25. Prohibition of storaqe of flammable liquids outside above qround tanks. bulk
storaqe of liquified petroleum qases, and storaqe of explosives and blasting aqents.
The storage of the substances defined in soctionc 7901 ::md 8201 chapters 33, 34
and 38 of the fire prevontion code of the International Fire Code in the manner
described therein, is prohibited within the city.
Sec. 10. Subsection 400.27 of the Richfield City Code is repealed in its entirety.
Sec. 11. Subsection 400.31, subdivision 1 of the Richfield City Code is amended to
read as follows:
400.31. Establishment of fire lanes. Subdivision 1. Orders establishinq fire lanes.
The fire department division is authorized to order the establishment of fire
lanes on public or private property as may be necessary in order that the
travel of fire equipment may not be interfered with, and that access to fire
hydrants or buildings may not be obstructed.
Sec. 12. Subsection 400.33 of the Richfield City Code is amended to read as follows:
400.33. Other prohibited acts. Subdivision 1. Protection of fire hoses. No person
may drive any vehicle over a fire hose, except on specific orders from a member of
the police or fire departments divisions of the city, and then only with due caution.
Subd. 2. Parkinq near fire equipment. No person may park any vehicle or
place any material or other obstruction within 20 feet of the entrance to any fire
station or within 10 feet of any fire hydrant or fire cistorn, or park any vehicle within
300 feet of a place where a fire requiring fire fighting by the fire department divicion is
In progress.
Sec. 13. Section 400 of the Richfield City Code IS amended by adding a new
subsection to read as follows:
400.37. Fees for fire services. The fire chief is authorized to charqe a fee for the
followinq services:
(a) extinguishment of vehicle fires for persons who are not residents of the
City;
(b)
extrication of vehicle accident victims who are not residents of the City;
and
(c)
stabilization and standby of release of hazardous materials and
flammable/combustible substances.
The amount of the fee is established in Appendix D of this code. The fire chief will
mail an invoice for the fee to the recipient of the services or to the insurance carrier
for the recipient.
Sec. 14. Subsection 320.03 of the Richfield City Code is amended to read as follows:
I
320.03. Definition. For the purposes of this section the term "enforcement officer"
includes the director of public safety, the fire chief, the director of community
development, and the appropriate division heads within those departments. The
enforcement procedure set out in this section shall be used by the appropriate
enforcement officer in enforcing the regulations to which this section apply.
Sec. 15. Subsection 320.13 of the Richfield City Code is amended to read as follows:
320.13. Board of appeals. The council is the board of appeals. Appeals under this
section shall be heard by the board. The manager, the building official, the director of
public safety and the fire m:m~h::ll or m::lrch::llc chief shall serve in an advisory
capacity as ex-officio members of the board. At a hearing conducted pursuant to this
section, the enforcing officer shall present the evidence with respect to the existence
of a violation, and the appellant and his attorney may call and cross-examine
witnesses and make such argument with respect to the facts and law as may be
relevant to the alleged violation. The board may obtain the advice of the attorney or
his designate in connection with the conduct of the hearing or the action to be taken.
The board may act in the absence of anyone of its members if such member is not
reasonably available, but in no case shall it act without the affirmative vote of any two I
members. The board may, upon the hearing, affirm in whole or in part or deny the
existence of a violation of this part, and, if a violation is found to exist, confirm or
modify the corrective action to be taken or the other requiring vacation of the
premises and the time allowed therefor.
Adopted this 9th day of September, 2003. ( / \ ()
~A~f1
, \ .
Martin J. KirsGhT-Mayor
ATTEST:
~~h"AUtt ~
Nancy Gibbso() ity Clerk
I
-~'II,I"~'.I."'~
J.
STATE OF MINNESOTA)
~IIN
newspapers
AFFIDAVIT OF PUBLICATION
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun-Current , and has full
knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. S331A.02, S331A.07, and other applicable
laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each week,
for ~ successive weeks; it was first published on Thursday, the ~ day of
September ,2003, and was thereafter printed and published on every Thursday to and
including Thursday, the _ day of , 2003; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and pu~ on of t
f """,,,,,mj"m=Nm'"""" ,
BY:
CFO
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
~
$
1.40 per line
(3) Rate actually charged
_.j I
I
: City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2003-18
AN ORDINANCE RELATING TO BUILDING AND
FIRE CODE ADMINISTRATION AND
ENFORCEMENT; ADOPTING THE MINNESOTA
STATE BUILDING CODE AND MINNESOTA I
. STATE FIRE CODE BY REFERENCE; Al\1ENDING,
ADDING, AND REPEALING VARIOUS
SUBSECTIONS OF SECTION 400 AND 320 OF THE
RICHFIELD CITY <;:ODE
On S~ptember 9, 2003, the Richfield City Council
adopted an ordinance designated as Bill No. 2003-18, the
title of which is stated above. This summary of the ordi-
nance is published pursuant to Section 3.12 of the Rich-
field City Charter. The ordinance adopts by reference per-
tinent provisions of the current State Building Code and
State Fire Code. The ordinance also authorizes fees for cer- I
tain fire services. Copies of the ordinance are available for
public inspection in the office of the City Clerk during nor-
mal business hours or upon request by calling 612-861-
9860 of the Public Safety Inspections Division.
Nancy Gibbs, City Clerk
. (Sept 18, 2003 lD2/Bill 2003-18