City of Carlton Ordinance No. 182
THE CITY COUNCIL OF THE CITY OF CARLTON
DOES ORDAIN THE FOLLOWING:
AN ORDINANCE ADOPTING THE
MINNESOTA STATE BUILDING CODE
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THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF CARLTON; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDES PENALTIES FOR VIOLATION THEREOF; AND REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED.
THE CITY COUNCIL OF THE CITY OF CARLTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 16B.75, 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 in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein.
Section 2. Application, Administration and Enforcement. The application, administration and enforcement of the Code shall be in accordance with the Minnesota State Building Code.
The Code enforcement agency of the City of Carlton shall be the Building Department. The Building Official shall be the Administrative Authority wherever the terms "Building Department" and "Administrative Authority" are used in the Code. The Administrative Authority shall be a State Certified "Building Official" as the term is defined by Minnesota statute 16B.65.
Section 3. Permits, Fees and Refunds. The issuance of permits and the collection of fees shall be as authorized in Minnesota statute 16B.62 subdivision 1.
Permit Fees shall be assessed for work governed by this Code in accordance with the fee schedule adopted annually. In addition, a surcharge fee shall be collected on all permits issued for work governed by the Code in accordance with Minnesota statute 16B.70.
Plan checking fees, if required, shall be assessed at 65% of the City Building Permit fee.
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The refunding of permit fees can be made on rare occasion and will be handled on a case by case basis by the Carlton City Council.
Section 4. Violations and Penalties. A violation of the Code is a misdemeanor (Minnesota statute 16B.69).
Section 5. Building Code Optional Chapters. Pursuant to the Minnesota State Building Code, adopted pursuant to Minnesota Statutes 16B.59 to 16B.75, the following optional provision identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the Building Code for the City of Carlton:
A. Appendix Chapter 3 (Grading) of the 2006 International Building Code.
Section 6. Disclaimer Clause. It is not the intention of the City of Carlton to rely upon the City or its agents in any inspections, investigations or other activities related to the enforcement of this Ordinance. Individuals are expected to continue to exercise independent responsibility for their own protection and the protection of others. It is further not the intention of the City of Carlton, through enactment of this Ordinance, to create any additional rights of action against the City.
Section 7. Repeal of Conflicting Ordinance. Ordinance No. 182, all amendments thereof or supplemental thereto, and all other ordinances of the City of Carlton in conflict or inconsistent herewith, and to the extent of such conflict or inconsistency and no further, are hereby repealed.
Section 8. Effective Date of Ordinance. This Ordinance shall take effect and be in force from and after the date of its passage and publication.
Passed by the Carlton City Council this 13th day of November 2007.
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CITY OF CARLTON
Dennis Randelin Dennis Randelin, Mayor
ATTEST:
Claudine Van Guilder
City Administrator
Published in the Pine Journal on December 13, 2007
