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98-1055� ��5�-:-'� � _ t�.����� Pa�� � ORDINANCE CITY OF SAINT PAUL, MINNESOTA 10 Presented By _ 11 12 Referred To 13 An ordinance to amend Section 33.05 of the Saint Paul Legislative Code. � 15 16 17 18 19 20 21 22 23 24 25 26 3�, CouncilFile# 1� � ��S Ordinance # Green Sheet # � O � � v��ai �euen JAN 16 1999 Committee Date : THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 33.05 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 33.05. Certiticate of occupancy. 27 (A) Use or Occupancy: No building or structure in Group A(Assembly), B(Business), 28 $-�M (Mercantile), E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 29 (Multifamily Residential), nuisance dwelling as defined in, and to the extent and for the periods 30 required, in Chapter 42 of the Legislative Code, or S(Storage) occupancies shall be used or 31 occupied, and no change in the existing occupancy classification of a building or structure or 32 portion thereof sha11 be made, until the fire marshal has issued a certificate of occupancy therefor 33 as provided herein_ except for dwelling units occupied bv an owner. The word "owner" means a 34 natural person and does not include a corporation partnershi�or other entitv. 35 36 (B) Change in Use: Changes in the character ar use of a building sha11 not be made 37 without the approval of the building official and the fire marshal, and the building may be 38 occupied for purposes in other groups provided the new or proposed use is less hazardous, based 39 on life and fire risk, than the existing use. 40 41 (C) Certificate Issued: After final inspection by the building official, when it is found that 42 the building ar structure complies with the provisions of this Code, the fire marshal shall issue a 43 certificate of occupancy. 44 45 (D) Existing Buildings: Every building except one- and two-family dwellings which are 46 not nuisance dwellings as defined in, and for the periods required by, Chapter 42 of the 47 Legislative Code and residential garages heretofore erected sha11 have a certificate of occupancy 48 issued by the division of fire prevention and posted on the premises. Before such a certificate can ,��_.-----t� iz-Z-�� O l' ` I`HekAs�l��h buildings sha11 be inspected by the division and found to conforxn to the 'l \'� �SS 2 requirements of the building code at the time of construction or at the time of conversion to its 3 present use and to the provisions of the Saint Paul Legislative Code; except that energy efficient 4 standazds in rental dwellings and multiple dwellings shall be enforced on complaint basis only. 5 No building which is required to have a certificate of occupancy shall continue to be occupied 6 without such certificate. 7 8 (E) Renewal Required: An inspection shall be scheduled by the division of all buildings 9 of Group A(Assembly), E(Education), I(Institutional), H(Hazardous), and B(Business), M 10 (Mercanfile), S(Storage), F(Factory). and R(Residential� occupancies which have a certificate of 11 occupancy, 12 ��}ye��. Inspections shall be scheduled by the division on a two-yeaz cycie for a11 buildings of 13 R-1 occupancy which have a certificate of occupancy. Inspections shall be scheduled on a one- 14 year cycle for all nuisance dwellings as defined in, and during the periods required by, Chapter 15 42 of the Legislative Code. If it is found that such buildings do not conform to the applicable 16 requirements, the certificate of occupancy may be revoked and the building shall not be occupied 17 until such time as the building is again brought into compliance with such requirements. 18 19 20 21 22 23 {l� Reserved. �,1 Non-Residential Renewal Schedule. The fire marshal sha11 establish written guidelines far the renewal of non-residential occupancies based on the hazazd of the occupanc� 24 25 �al The fire marshal shall provide an annual written report of non-residential 26 inspections that includes r�oup propertv address. and inspection schedule to the 27 citv council. 28 29 (bl Revocations or condemnations. Where the certificate of occupancy has 30 been revoked. or the buiiding has been condemned. once the certificate of 31 occupancy is restored it shall be scheduled for renewal in one (1�,�, 32 33 34 35 36 37 38 39 40 41 42 43 414 45 46 47 48 49 (F) Fees for Certificate of Occupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their conshuction covered by a building permit. (2) Renewal fee for R-1 occupancies. Nine dollazs ($9.00) per residential unit, minimum fee one hundred dollars ($100.00), maximum fee three hundred seventy dollars ($370.00). The fee charged for inspections of nuisance dwellings as defined in section 42.01(2) of the Legislative Code shall be in an amount as established by the fire mazshal to recover the costs of the inspections. (3) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F (Factory), M(Mercantile), S(Storage) and B(Business) occupancies. Seven dollars ($7.00) per one thousand (1,000) square feet, minimum fee seventy-five dollars ($75.00), maximum fee three hundred seventy dollazs ($370.00). r s`fY �' P� O1-18'�� lo R I G��� Reinspection fee. The renewal fee established in subsections (2) and (3) above Q8 � �055 2 �lows for one (1) inspection and one (1) reinspection for the renewal of the 3 certificate of occupancy. A reinspection fee of fifiy (50) percent of the renewal fee 4 sha11 be levied for each additional reinspection required of nonconforming 5 occupancies. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (5) Referr-al reinspection fee. Whenever a written correction order is issued to the owner or responsible agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a reinspection shail be made. If the violation has not been corrected at the time of the reinspection, a referral reinspecfion fee of fifty dollazs ($50.00) shall be collected for every subsequent reinspection until the violation is corrected. (6) Partial certifzcate of occupancy fee. Notwithstanding subsection (1) of this paragraph (F), a fee of one hundred dollars ($100.00) will be charged for each partial certificate of occupancy requested. The issuance of a partial certificate of occupancy is at the discretion of the building official and the portion of the building covered by the certificate must be legally completed and ready to occupy along with all other life and safety requirements. (7) No entry fee. A no enriy fee of fifry dollazs ($50.00) shall be assessed to the renewal fee and collected whenever an owner or responsible agent of the owner has been notified in writing of the date and time for a certificate of occupancy renewal inspection, or any other reinspection, and the owner or responsible agent of the owner fails to notify the fire marshal's office in writing, by at least 8:00 a.m. on the date of the scheduled inspection, of an alternate date and time for the inspection or reinspection when the owner or responsible agent of the owner will appear for the inspection. (8) Discounted fee. Whenever a certificate of occupancy renewal inspection finds no violations of any applicable code, the renewal fees set forth in subsections (2) and (3) of this paragraph shall be discounted twenty-five (25) percent. (9) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Separate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. Alllate fees sha11 be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each thirty-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifty (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any other fee or payment required. 45 (G) Exceptions: The fees for the certificate of occupancy and inspection are provided in 46 section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and 47 occupied by any governmental agency, including county and state governmental agencies. The 48 City of Saint Paul, and any other agencies specifically exempted from such fees under state law, 49 sha11 be exempt from payment of such fees. � �,.�s-4� 3 ORIGINAL �� 4 5 Secrion 2 6 7 This ordinance shall take effect and be in force flurty (30) days following its passage, 8 approval and publication. Requested by Department of: By: Form Approved by City ttorney BY: ���!liv"vl�4J•��� ��'��'/� Approved by Mayor for Submission to Council By: � . �� / By: Approved by May� : Date ��'{L By: Adopted by Council: Date (\������� Adop ^ n Certified by Council cretary qp-loss Council Member Harris 12-9-98 GREEN SHEET No 60699 u��- ❑ �,� ❑ ALMO�LfE0.NACR0 ❑ _ h _� ci TOTAL # OF SIGNATURE PAGES NUMBERFOR NOUfiNG ORDER �,�„� � ❑ �.,,,,� ❑ R�I�IIMLtFAY1CF9GR ❑ 1wvoR1��RAM1) (CLIP ALL LOCATIONS ��� � An ordinance change amending the City's Certificate of Occupancy Progam in two ways: (1) by exempfing multifamily residenflal buildings that aze owner ocwpied; and (2) by providing for new inspecflon guidelines for renewal of non-residential Certificates of Occupancy to be based on the hazazd of the occupancy. - PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Why) Hss mis cersoMrm ever w«Ima unaer a cantract r« tnis departmem4 YES NO Has Mia pereoNfrm ever been a ciry empbycel YES NO Does this Pe�Mrtn P�� a sldu not normalbG� bY �Y curtent atY emGbYee4 YES NO Is this personfirtn a tarpetee vendoR VES NO Current system provides uniform inspecfion guidelines for all Certificates of Occupancy, despite the fact that inspected buildings pose varying degees of hazazd and require varying degees of resources to inspect. IF APPROVED Resources could be better focused on those buildings that pose the greatest hazazd. The fee structure could be adjusted to more appropriately distdbute the burden of inspecfion costs. Current problems with Certificate of Occupancy inspecflon system would persist. OF TRANSACTION SOURCE COST/REVRlUE BUDOETED (CIRCLE ONE) ACTNRYNUMBER VES NO � 1 Z 3 4 5 6 ORIGINAL Council File # � i � ��� Ordinance # 7 8 C 9 10 Presented By a 11 12 Refened To 13 "Sec. 33.05. Certificate of occupancy. An ordinance to amend Section of the Saint Paul LegislaUve � ORDINANCE CITY OF SAINT PAUL, MINNESOTA , THE COUNCIL OF THE CITY OF Section Section 33.05 of the Saint Paul Green Sheet# Date : DOES ORDAIN: is hereby amended to read as follows: (A) Use or Occupancy.• No buildin or structure in Group A(Assembly), B(Business), $-4M (Mercantile), E(Education), F(F tory), I(Institutional), H(Hazardous), R-1 (Multifamily Residential), nuisance d lling as defined in, and to the extent and for the periods required, in Chapter 42 of the Legisl ive Code, or S(Storage) occupancies shall be used or occupied, and no change in the e� ing occupancy classification of a building or stnxcture or portion thereof sha11 be made� tl the fire marshai has issued a certificate of occupancy therefar as provided herein exce t for ellin units occu ied b an owner. (B) Change in Us Changes in the character or use of a building shall not be made without the approval of e building official and the fire marshal, and the building may be occupied for purpose in other groups provided the new or proposed use is less hazardous, based on life and fire risk han the existing use. (C) Ce ificate Issued: After final inspection by the building official, when it is found that the buildin r structure complies with the provisions of this Code, the fire marshal shall issue a certificat of occupancy. (D) Existing Buildings: Every building except one- and two-family dwellings which are no uisance dwellings as defined in, and for the periods required by, Chapter 42 of the egislative Code and residential gazages heretofore erected shall have a certificate of occupancy issued by the division of fire prevention and posted on the premises. Before such a certificate can ��j il-1S'�� q�-loss Interdepartmental Memorandum CITY OF SAINT PAUL DATE: November 18, 1998 TO: Mike Harris FROM: Phil Byrne � RE: Aitached Ordinance Mike, Steve Zaccard drafted an ordinance for you, sent it over to Gerry Strathman, who sent it to me to put in final form. This is basically his draft, with a few minor changes for clarification. I am not sure whether it meets your intent and policy purposes, because I did not go into that with Steve. But I am sure that both he and I would be happy to make additional changes to meet your intent. � ��5�-:-'� � _ t�.����� Pa�� � ORDINANCE CITY OF SAINT PAUL, MINNESOTA 10 Presented By _ 11 12 Referred To 13 An ordinance to amend Section 33.05 of the Saint Paul Legislative Code. � 15 16 17 18 19 20 21 22 23 24 25 26 3�, CouncilFile# 1� � ��S Ordinance # Green Sheet # � O � � v��ai �euen JAN 16 1999 Committee Date : THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 33.05 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 33.05. Certiticate of occupancy. 27 (A) Use or Occupancy: No building or structure in Group A(Assembly), B(Business), 28 $-�M (Mercantile), E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 29 (Multifamily Residential), nuisance dwelling as defined in, and to the extent and for the periods 30 required, in Chapter 42 of the Legislative Code, or S(Storage) occupancies shall be used or 31 occupied, and no change in the existing occupancy classification of a building or structure or 32 portion thereof sha11 be made, until the fire marshal has issued a certificate of occupancy therefor 33 as provided herein_ except for dwelling units occupied bv an owner. The word "owner" means a 34 natural person and does not include a corporation partnershi�or other entitv. 35 36 (B) Change in Use: Changes in the character ar use of a building sha11 not be made 37 without the approval of the building official and the fire marshal, and the building may be 38 occupied for purposes in other groups provided the new or proposed use is less hazardous, based 39 on life and fire risk, than the existing use. 40 41 (C) Certificate Issued: After final inspection by the building official, when it is found that 42 the building ar structure complies with the provisions of this Code, the fire marshal shall issue a 43 certificate of occupancy. 44 45 (D) Existing Buildings: Every building except one- and two-family dwellings which are 46 not nuisance dwellings as defined in, and for the periods required by, Chapter 42 of the 47 Legislative Code and residential garages heretofore erected sha11 have a certificate of occupancy 48 issued by the division of fire prevention and posted on the premises. Before such a certificate can ,��_.-----t� iz-Z-�� O l' ` I`HekAs�l��h buildings sha11 be inspected by the division and found to conforxn to the 'l \'� �SS 2 requirements of the building code at the time of construction or at the time of conversion to its 3 present use and to the provisions of the Saint Paul Legislative Code; except that energy efficient 4 standazds in rental dwellings and multiple dwellings shall be enforced on complaint basis only. 5 No building which is required to have a certificate of occupancy shall continue to be occupied 6 without such certificate. 7 8 (E) Renewal Required: An inspection shall be scheduled by the division of all buildings 9 of Group A(Assembly), E(Education), I(Institutional), H(Hazardous), and B(Business), M 10 (Mercanfile), S(Storage), F(Factory). and R(Residential� occupancies which have a certificate of 11 occupancy, 12 ��}ye��. Inspections shall be scheduled by the division on a two-yeaz cycie for a11 buildings of 13 R-1 occupancy which have a certificate of occupancy. Inspections shall be scheduled on a one- 14 year cycle for all nuisance dwellings as defined in, and during the periods required by, Chapter 15 42 of the Legislative Code. If it is found that such buildings do not conform to the applicable 16 requirements, the certificate of occupancy may be revoked and the building shall not be occupied 17 until such time as the building is again brought into compliance with such requirements. 18 19 20 21 22 23 {l� Reserved. �,1 Non-Residential Renewal Schedule. The fire marshal sha11 establish written guidelines far the renewal of non-residential occupancies based on the hazazd of the occupanc� 24 25 �al The fire marshal shall provide an annual written report of non-residential 26 inspections that includes r�oup propertv address. and inspection schedule to the 27 citv council. 28 29 (bl Revocations or condemnations. Where the certificate of occupancy has 30 been revoked. or the buiiding has been condemned. once the certificate of 31 occupancy is restored it shall be scheduled for renewal in one (1�,�, 32 33 34 35 36 37 38 39 40 41 42 43 414 45 46 47 48 49 (F) Fees for Certificate of Occupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their conshuction covered by a building permit. (2) Renewal fee for R-1 occupancies. Nine dollazs ($9.00) per residential unit, minimum fee one hundred dollars ($100.00), maximum fee three hundred seventy dollars ($370.00). The fee charged for inspections of nuisance dwellings as defined in section 42.01(2) of the Legislative Code shall be in an amount as established by the fire mazshal to recover the costs of the inspections. (3) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F (Factory), M(Mercantile), S(Storage) and B(Business) occupancies. Seven dollars ($7.00) per one thousand (1,000) square feet, minimum fee seventy-five dollars ($75.00), maximum fee three hundred seventy dollazs ($370.00). r s`fY �' P� O1-18'�� lo R I G��� Reinspection fee. The renewal fee established in subsections (2) and (3) above Q8 � �055 2 �lows for one (1) inspection and one (1) reinspection for the renewal of the 3 certificate of occupancy. A reinspection fee of fifiy (50) percent of the renewal fee 4 sha11 be levied for each additional reinspection required of nonconforming 5 occupancies. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (5) Referr-al reinspection fee. Whenever a written correction order is issued to the owner or responsible agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a reinspection shail be made. If the violation has not been corrected at the time of the reinspection, a referral reinspecfion fee of fifty dollazs ($50.00) shall be collected for every subsequent reinspection until the violation is corrected. (6) Partial certifzcate of occupancy fee. Notwithstanding subsection (1) of this paragraph (F), a fee of one hundred dollars ($100.00) will be charged for each partial certificate of occupancy requested. The issuance of a partial certificate of occupancy is at the discretion of the building official and the portion of the building covered by the certificate must be legally completed and ready to occupy along with all other life and safety requirements. (7) No entry fee. A no enriy fee of fifry dollazs ($50.00) shall be assessed to the renewal fee and collected whenever an owner or responsible agent of the owner has been notified in writing of the date and time for a certificate of occupancy renewal inspection, or any other reinspection, and the owner or responsible agent of the owner fails to notify the fire marshal's office in writing, by at least 8:00 a.m. on the date of the scheduled inspection, of an alternate date and time for the inspection or reinspection when the owner or responsible agent of the owner will appear for the inspection. (8) Discounted fee. Whenever a certificate of occupancy renewal inspection finds no violations of any applicable code, the renewal fees set forth in subsections (2) and (3) of this paragraph shall be discounted twenty-five (25) percent. (9) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Separate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. Alllate fees sha11 be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each thirty-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifty (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any other fee or payment required. 45 (G) Exceptions: The fees for the certificate of occupancy and inspection are provided in 46 section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and 47 occupied by any governmental agency, including county and state governmental agencies. The 48 City of Saint Paul, and any other agencies specifically exempted from such fees under state law, 49 sha11 be exempt from payment of such fees. � �,.�s-4� 3 ORIGINAL �� 4 5 Secrion 2 6 7 This ordinance shall take effect and be in force flurty (30) days following its passage, 8 approval and publication. Requested by Department of: By: Form Approved by City ttorney BY: ���!liv"vl�4J•��� ��'��'/� Approved by Mayor for Submission to Council By: � . �� / By: Approved by May� : Date ��'{L By: Adopted by Council: Date (\������� Adop ^ n Certified by Council cretary qp-loss Council Member Harris 12-9-98 GREEN SHEET No 60699 u��- ❑ �,� ❑ ALMO�LfE0.NACR0 ❑ _ h _� ci TOTAL # OF SIGNATURE PAGES NUMBERFOR NOUfiNG ORDER �,�„� � ❑ �.,,,,� ❑ R�I�IIMLtFAY1CF9GR ❑ 1wvoR1��RAM1) (CLIP ALL LOCATIONS ��� � An ordinance change amending the City's Certificate of Occupancy Progam in two ways: (1) by exempfing multifamily residenflal buildings that aze owner ocwpied; and (2) by providing for new inspecflon guidelines for renewal of non-residential Certificates of Occupancy to be based on the hazazd of the occupancy. - PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Why) Hss mis cersoMrm ever w«Ima unaer a cantract r« tnis departmem4 YES NO Has Mia pereoNfrm ever been a ciry empbycel YES NO Does this Pe�Mrtn P�� a sldu not normalbG� bY �Y curtent atY emGbYee4 YES NO Is this personfirtn a tarpetee vendoR VES NO Current system provides uniform inspecfion guidelines for all Certificates of Occupancy, despite the fact that inspected buildings pose varying degees of hazazd and require varying degees of resources to inspect. IF APPROVED Resources could be better focused on those buildings that pose the greatest hazazd. The fee structure could be adjusted to more appropriately distdbute the burden of inspecfion costs. Current problems with Certificate of Occupancy inspecflon system would persist. OF TRANSACTION SOURCE COST/REVRlUE BUDOETED (CIRCLE ONE) ACTNRYNUMBER VES NO � 1 Z 3 4 5 6 ORIGINAL Council File # � i � ��� Ordinance # 7 8 C 9 10 Presented By a 11 12 Refened To 13 "Sec. 33.05. Certificate of occupancy. An ordinance to amend Section of the Saint Paul LegislaUve � ORDINANCE CITY OF SAINT PAUL, MINNESOTA , THE COUNCIL OF THE CITY OF Section Section 33.05 of the Saint Paul Green Sheet# Date : DOES ORDAIN: is hereby amended to read as follows: (A) Use or Occupancy.• No buildin or structure in Group A(Assembly), B(Business), $-4M (Mercantile), E(Education), F(F tory), I(Institutional), H(Hazardous), R-1 (Multifamily Residential), nuisance d lling as defined in, and to the extent and for the periods required, in Chapter 42 of the Legisl ive Code, or S(Storage) occupancies shall be used or occupied, and no change in the e� ing occupancy classification of a building or stnxcture or portion thereof sha11 be made� tl the fire marshai has issued a certificate of occupancy therefar as provided herein exce t for ellin units occu ied b an owner. (B) Change in Us Changes in the character or use of a building shall not be made without the approval of e building official and the fire marshal, and the building may be occupied for purpose in other groups provided the new or proposed use is less hazardous, based on life and fire risk han the existing use. (C) Ce ificate Issued: After final inspection by the building official, when it is found that the buildin r structure complies with the provisions of this Code, the fire marshal shall issue a certificat of occupancy. (D) Existing Buildings: Every building except one- and two-family dwellings which are no uisance dwellings as defined in, and for the periods required by, Chapter 42 of the egislative Code and residential gazages heretofore erected shall have a certificate of occupancy issued by the division of fire prevention and posted on the premises. Before such a certificate can ��j il-1S'�� q�-loss Interdepartmental Memorandum CITY OF SAINT PAUL DATE: November 18, 1998 TO: Mike Harris FROM: Phil Byrne � RE: Aitached Ordinance Mike, Steve Zaccard drafted an ordinance for you, sent it over to Gerry Strathman, who sent it to me to put in final form. This is basically his draft, with a few minor changes for clarification. I am not sure whether it meets your intent and policy purposes, because I did not go into that with Steve. But I am sure that both he and I would be happy to make additional changes to meet your intent. � ��5�-:-'� � _ t�.����� Pa�� � ORDINANCE CITY OF SAINT PAUL, MINNESOTA 10 Presented By _ 11 12 Referred To 13 An ordinance to amend Section 33.05 of the Saint Paul Legislative Code. � 15 16 17 18 19 20 21 22 23 24 25 26 3�, CouncilFile# 1� � ��S Ordinance # Green Sheet # � O � � v��ai �euen JAN 16 1999 Committee Date : THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 33.05 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 33.05. Certiticate of occupancy. 27 (A) Use or Occupancy: No building or structure in Group A(Assembly), B(Business), 28 $-�M (Mercantile), E(Education), F(Factory), I(Institutional), H(Hazardous), R-1 29 (Multifamily Residential), nuisance dwelling as defined in, and to the extent and for the periods 30 required, in Chapter 42 of the Legislative Code, or S(Storage) occupancies shall be used or 31 occupied, and no change in the existing occupancy classification of a building or structure or 32 portion thereof sha11 be made, until the fire marshal has issued a certificate of occupancy therefor 33 as provided herein_ except for dwelling units occupied bv an owner. The word "owner" means a 34 natural person and does not include a corporation partnershi�or other entitv. 35 36 (B) Change in Use: Changes in the character ar use of a building sha11 not be made 37 without the approval of the building official and the fire marshal, and the building may be 38 occupied for purposes in other groups provided the new or proposed use is less hazardous, based 39 on life and fire risk, than the existing use. 40 41 (C) Certificate Issued: After final inspection by the building official, when it is found that 42 the building ar structure complies with the provisions of this Code, the fire marshal shall issue a 43 certificate of occupancy. 44 45 (D) Existing Buildings: Every building except one- and two-family dwellings which are 46 not nuisance dwellings as defined in, and for the periods required by, Chapter 42 of the 47 Legislative Code and residential garages heretofore erected sha11 have a certificate of occupancy 48 issued by the division of fire prevention and posted on the premises. Before such a certificate can ,��_.-----t� iz-Z-�� O l' ` I`HekAs�l��h buildings sha11 be inspected by the division and found to conforxn to the 'l \'� �SS 2 requirements of the building code at the time of construction or at the time of conversion to its 3 present use and to the provisions of the Saint Paul Legislative Code; except that energy efficient 4 standazds in rental dwellings and multiple dwellings shall be enforced on complaint basis only. 5 No building which is required to have a certificate of occupancy shall continue to be occupied 6 without such certificate. 7 8 (E) Renewal Required: An inspection shall be scheduled by the division of all buildings 9 of Group A(Assembly), E(Education), I(Institutional), H(Hazardous), and B(Business), M 10 (Mercanfile), S(Storage), F(Factory). and R(Residential� occupancies which have a certificate of 11 occupancy, 12 ��}ye��. Inspections shall be scheduled by the division on a two-yeaz cycie for a11 buildings of 13 R-1 occupancy which have a certificate of occupancy. Inspections shall be scheduled on a one- 14 year cycle for all nuisance dwellings as defined in, and during the periods required by, Chapter 15 42 of the Legislative Code. If it is found that such buildings do not conform to the applicable 16 requirements, the certificate of occupancy may be revoked and the building shall not be occupied 17 until such time as the building is again brought into compliance with such requirements. 18 19 20 21 22 23 {l� Reserved. �,1 Non-Residential Renewal Schedule. The fire marshal sha11 establish written guidelines far the renewal of non-residential occupancies based on the hazazd of the occupanc� 24 25 �al The fire marshal shall provide an annual written report of non-residential 26 inspections that includes r�oup propertv address. and inspection schedule to the 27 citv council. 28 29 (bl Revocations or condemnations. Where the certificate of occupancy has 30 been revoked. or the buiiding has been condemned. once the certificate of 31 occupancy is restored it shall be scheduled for renewal in one (1�,�, 32 33 34 35 36 37 38 39 40 41 42 43 414 45 46 47 48 49 (F) Fees for Certificate of Occupancy: (1) Original issue, new buildings. There shall be no fee charged for an issuance of the certificate of occupancy for new buildings at the completion of their conshuction covered by a building permit. (2) Renewal fee for R-1 occupancies. Nine dollazs ($9.00) per residential unit, minimum fee one hundred dollars ($100.00), maximum fee three hundred seventy dollars ($370.00). The fee charged for inspections of nuisance dwellings as defined in section 42.01(2) of the Legislative Code shall be in an amount as established by the fire mazshal to recover the costs of the inspections. (3) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F (Factory), M(Mercantile), S(Storage) and B(Business) occupancies. Seven dollars ($7.00) per one thousand (1,000) square feet, minimum fee seventy-five dollars ($75.00), maximum fee three hundred seventy dollazs ($370.00). r s`fY �' P� O1-18'�� lo R I G��� Reinspection fee. The renewal fee established in subsections (2) and (3) above Q8 � �055 2 �lows for one (1) inspection and one (1) reinspection for the renewal of the 3 certificate of occupancy. A reinspection fee of fifiy (50) percent of the renewal fee 4 sha11 be levied for each additional reinspection required of nonconforming 5 occupancies. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (5) Referr-al reinspection fee. Whenever a written correction order is issued to the owner or responsible agent of the owner for a violation of this code and after a reasonable time for compliance has elapsed, a reinspection shail be made. If the violation has not been corrected at the time of the reinspection, a referral reinspecfion fee of fifty dollazs ($50.00) shall be collected for every subsequent reinspection until the violation is corrected. (6) Partial certifzcate of occupancy fee. Notwithstanding subsection (1) of this paragraph (F), a fee of one hundred dollars ($100.00) will be charged for each partial certificate of occupancy requested. The issuance of a partial certificate of occupancy is at the discretion of the building official and the portion of the building covered by the certificate must be legally completed and ready to occupy along with all other life and safety requirements. (7) No entry fee. A no enriy fee of fifry dollazs ($50.00) shall be assessed to the renewal fee and collected whenever an owner or responsible agent of the owner has been notified in writing of the date and time for a certificate of occupancy renewal inspection, or any other reinspection, and the owner or responsible agent of the owner fails to notify the fire marshal's office in writing, by at least 8:00 a.m. on the date of the scheduled inspection, of an alternate date and time for the inspection or reinspection when the owner or responsible agent of the owner will appear for the inspection. (8) Discounted fee. Whenever a certificate of occupancy renewal inspection finds no violations of any applicable code, the renewal fees set forth in subsections (2) and (3) of this paragraph shall be discounted twenty-five (25) percent. (9) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owner makes application for certificate renewal after the expiration date of such certificate. Separate late fees shall also be charged and collected whenever the owner or responsible agent for the owner pays late any other fees due and payable under this section. Alllate fees sha11 be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each thirty-day period or portion thereof which has elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee exceed fifty (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any other fee or payment required. 45 (G) Exceptions: The fees for the certificate of occupancy and inspection are provided in 46 section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings owned and 47 occupied by any governmental agency, including county and state governmental agencies. The 48 City of Saint Paul, and any other agencies specifically exempted from such fees under state law, 49 sha11 be exempt from payment of such fees. � �,.�s-4� 3 ORIGINAL �� 4 5 Secrion 2 6 7 This ordinance shall take effect and be in force flurty (30) days following its passage, 8 approval and publication. Requested by Department of: By: Form Approved by City ttorney BY: ���!liv"vl�4J•��� ��'��'/� Approved by Mayor for Submission to Council By: � . �� / By: Approved by May� : Date ��'{L By: Adopted by Council: Date (\������� Adop ^ n Certified by Council cretary qp-loss Council Member Harris 12-9-98 GREEN SHEET No 60699 u��- ❑ �,� ❑ ALMO�LfE0.NACR0 ❑ _ h _� ci TOTAL # OF SIGNATURE PAGES NUMBERFOR NOUfiNG ORDER �,�„� � ❑ �.,,,,� ❑ R�I�IIMLtFAY1CF9GR ❑ 1wvoR1��RAM1) (CLIP ALL LOCATIONS ��� � An ordinance change amending the City's Certificate of Occupancy Progam in two ways: (1) by exempfing multifamily residenflal buildings that aze owner ocwpied; and (2) by providing for new inspecflon guidelines for renewal of non-residential Certificates of Occupancy to be based on the hazazd of the occupancy. - PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Why) Hss mis cersoMrm ever w«Ima unaer a cantract r« tnis departmem4 YES NO Has Mia pereoNfrm ever been a ciry empbycel YES NO Does this Pe�Mrtn P�� a sldu not normalbG� bY �Y curtent atY emGbYee4 YES NO Is this personfirtn a tarpetee vendoR VES NO Current system provides uniform inspecfion guidelines for all Certificates of Occupancy, despite the fact that inspected buildings pose varying degees of hazazd and require varying degees of resources to inspect. IF APPROVED Resources could be better focused on those buildings that pose the greatest hazazd. The fee structure could be adjusted to more appropriately distdbute the burden of inspecfion costs. Current problems with Certificate of Occupancy inspecflon system would persist. OF TRANSACTION SOURCE COST/REVRlUE BUDOETED (CIRCLE ONE) ACTNRYNUMBER VES NO � 1 Z 3 4 5 6 ORIGINAL Council File # � i � ��� Ordinance # 7 8 C 9 10 Presented By a 11 12 Refened To 13 "Sec. 33.05. Certificate of occupancy. An ordinance to amend Section of the Saint Paul LegislaUve � ORDINANCE CITY OF SAINT PAUL, MINNESOTA , THE COUNCIL OF THE CITY OF Section Section 33.05 of the Saint Paul Green Sheet# Date : DOES ORDAIN: is hereby amended to read as follows: (A) Use or Occupancy.• No buildin or structure in Group A(Assembly), B(Business), $-4M (Mercantile), E(Education), F(F tory), I(Institutional), H(Hazardous), R-1 (Multifamily Residential), nuisance d lling as defined in, and to the extent and for the periods required, in Chapter 42 of the Legisl ive Code, or S(Storage) occupancies shall be used or occupied, and no change in the e� ing occupancy classification of a building or stnxcture or portion thereof sha11 be made� tl the fire marshai has issued a certificate of occupancy therefar as provided herein exce t for ellin units occu ied b an owner. (B) Change in Us Changes in the character or use of a building shall not be made without the approval of e building official and the fire marshal, and the building may be occupied for purpose in other groups provided the new or proposed use is less hazardous, based on life and fire risk han the existing use. (C) Ce ificate Issued: After final inspection by the building official, when it is found that the buildin r structure complies with the provisions of this Code, the fire marshal shall issue a certificat of occupancy. (D) Existing Buildings: Every building except one- and two-family dwellings which are no uisance dwellings as defined in, and for the periods required by, Chapter 42 of the egislative Code and residential gazages heretofore erected shall have a certificate of occupancy issued by the division of fire prevention and posted on the premises. Before such a certificate can ��j il-1S'�� q�-loss Interdepartmental Memorandum CITY OF SAINT PAUL DATE: November 18, 1998 TO: Mike Harris FROM: Phil Byrne � RE: Aitached Ordinance Mike, Steve Zaccard drafted an ordinance for you, sent it over to Gerry Strathman, who sent it to me to put in final form. This is basically his draft, with a few minor changes for clarification. I am not sure whether it meets your intent and policy purposes, because I did not go into that with Steve. But I am sure that both he and I would be happy to make additional changes to meet your intent.