06-1129Amended II17107
ORDINANCE
CITY OF SAINT �UL, MINNESOTA
Presented By:
� An Ordinance Creating a Fire CeRificate of Occupancy Program
3 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
5 Section 1
Council File # 06-1129
Green Sheet # 3035371
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� Title VI of the Saint Paul Legislative Code `Building and Housing" is amended to include the following chapter:
9 Fire Certificate of Occupancy
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>> Secfion 1. Fire Certificate of Occupancy Requirement.
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i 3 All existing buiidings in the City of Saint Paul are required to have and maintain a fire certificate of occupancy, issued
t4 by tbe fire marshal. The certificate shall be an indication that the building meets, at the time of insuection, all relevant
u codes to maintain the health, safety and welfare of the building's occupants and the general public. Tt shall be a
] 6 misdemeanor to rent or lease, or permit the occupancy of, a building or structure or portion thereof which does not have
t 7 a fire certificate of occupancy.
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Section 2. Exception of Owner Occupied Buildings.
Owner-Occupied single-family houses and owner-occupied duplexes shall be exempted from the requirement to have
and maintain a fire certificate of occupancy.
5ection 3. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings
indicated in this section.
(a) "Authorized agent." An individual(s) with legal authority and capable of executing documents for the sale of
the building(s) and authoriry over the proceeds of such sale.
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3z (b) "Building." Any structure intended for supporting or sheltering any use or occupancy, includine the land
33 surrounding the structure. If the buildin� is a multi-unit residential dwelline a hotel or motel or a commercial
3a or office buildine the term "buildine" for purooses of this ordinance means onlv the portion of the buildin�
35 within or outside the structure in which a nuisance is maintained or nermitted• such as a dwellin¢ unit room
36 suite of rooms office common azea storaee area �azage or pazkin�area
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38 (c) "Certificate of Occupancy." A document issued by the CiTy of Saint Paul Building Official under the authority
39 of both state and ciTy building codes indicating a newly constructed or substantially rehabilitated sriucture is, at
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40 the time of insnection, code compliant, habitable and otherwise meets all requirements for its intended�use. t� 29
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(d) "Commercial building." Any nonresidential structure, the surrounding land and accessory use structures.
(e) "Dwelling." A building that contains one, two or multiple dwelling units, intended or designed to be used,
rented, leased, let or hired out to be occupied for living purposes.
a� (fl "Family." One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally
48 cazed for children together with not more than two (2) persons not so related, living together in the whole or
49 part of a dwelling comprising a single housekeeping unit.
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(g) "Fire Certificate of Occupancy." A document or emblem issued by the City of Saint Paul Fire Mazshal
indicating the existing structure complies with all state and local safety codes allowing its use as a commercial
building or for residentia] occupancy.
55 (h) °Fire Marshal." The City of Saint Paul Fire Marshal and his or her designee or designees, and shall include
55 any enforcement officer under his or her supervision or direction, or other duly authorized representative. The
5� fire certificate of occupancy program shall be issued under the authority of the fire marshal.
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59 (i) "Interested a�rty " For pumoses of section 6 of this ordinance "interested pariy" means anv known lessee or
6o tenant of a buildine or affected oortion of a buiidinQ; or anv known aeent of an owner, lessee or tenant or any
6� other known person who maintains or permits a nuisance.
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53 (-ij �"Nuisance Activity." Two 2) or more �behavioral incidents within a oeriod of rivelve (12) months as
6a described in Minnesota Statute 617.81, subdivision 2, or Two (2) or more violations within a period of twelve
65 (12) months of arr}� nuisance provisions of the Saint Paul Legislative Code.
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��"Owner." The person, firm, corporation or other entiry listed in the records on file in the recorder's of6ce as
holding fee title to the building, and includes the owner's authorized agent.
(-1F} �"Owner occupied" refers to one- and two-unit residential dwellings in which the owner resides�k
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73 (� �2 "Partial Fire Certificate of Occupancy." A document issued by the City of Saint Paul Fire Marshal
7a indicating that a portion of an existing structuie complies with all state and ]ocal safety codes allowing its use as
75 a commercial building or for residential occupancy. 'I'he partial fire certificate of occupancy shall describe
�6 specifically which portion of the building is approved for occupancy.
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7s (-� �"Property manager." An individual(s) with the legal authority to make and act on decisions of tenancy,
79 building maintenance and repairs relating to applicable safety codes.
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8� (-n� �"Provisionai Fire Certificate of Occupancy." A document or emblem issued by the City of Saint Paul Fire
8z Marshal to owners of one- and two-unit rental dwellings ����a«:..,..,.,. �:... ,.,.,..._,,,. .�.,, ,,..:�«:..� ,....., ..,._,.
83 _., 10 �., .: .� �!� �:4'.� ,..^.� :�..w: �:.F ... ���� �::�.. :... ...,� �,-�,-�: .,t �.,
,.� .. .. ., ,. � .. ...i::s .� ..,. _ _.,. . ,. �n 7 k L' P
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84 continued occupancv ea nding insoection of the existine structure. Buildings with a provisional fire certificate
85 of occupancy will be granted a fire certificate of occupancy upon the successful completion of fire certificate of
&6 occupancy inspection perthis chapter.
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88 (ej � The "recorder's office" is the Ramsey CounTy Department of Property Records and Taxation, or its division
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89 which maintains title and property records, and any successor agency or department thereof. �` � 1Z.�
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9� (t� �"Safery code" or "safeTy codes" include any fue, housing, health, safety, zonin or other similar code, law and
98 ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the
99 City of Saint Paul, or any lawful agency or department thereof, which aze applicable to a� buildine in
� oo such city. Safety code includes, without any limitation of the foregoing sentence as a result of this specification,
]ol the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code.
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t t4 3) Commeicial buildings and xesidential occupancies which haue current Fire Prevention issued
I 15 certificates of occupancy on or after January 1, 2007 shall be subject to the ongoing requirement to
1 t 6 maintain a fire certificate of occupancy. These buildings shall be issued fire certificates of occupancy
� 1� and shall be subject to periodic inspection based on the date of the building's last complete certificate
t� 8 of occupancy inspection, subject to the terms of this chapter_
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t2o 4) One- and two-unit rental dwellings which aze currently registered and certified as rental properties
I2t under the requirements of this code on January 1, 2007 shall receive provisional fire certificates of
t2z occupancy. These properties shall be issued fire certificates of occupancy upon the successful
t 23 completion of a fire certificate of occupancy inspection.
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t25 5) A building which has been registered as a vacant building under chapter 43 ofthe Legislative Code that
t25 subsequently received a certificate of code compliance under section 33.06 of the Legislative Code
tz� shall be issued a fire certificate of occupancy concurrently with the certificate of code compliance.
{-gj �"Rental dwelling unit" Any room or rooms, or space, in any dwelling designed or used for residential
occupancy by one (1) or more persons who aze not the owner or a member of the owner's family.
f q} �"Residenrial occupancy" is occupancy in a building or portion thereof, for residentia] purposes, used or
intended to be used for living, sleeping, andlor cooking or eating purposes.
Section 4. Certification Process.
(a) Buildings and Occupancies Reguiring a Fire Certificate of Occupancy.
1) Buildings which receive a certificate of occupancy from the city's building official upon completion of
construction or major rehabilitation shall simultaneously receive a fire ceftificate of occupancy from the
fire marshal if their use or occupancy so requires.
Buildings which have a change in use or occupancy and become subject to the fire certificate of
occupancy requirement.
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i 29 (b) Information and Application. Owners of all buildings subject to the fire ceRificate occupancy requirement shall
I3o apply for a fire certificate of occupancy. The application shall be provided by the fire mazshal and include, at a
t3t minimum, the following information:
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1)
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A description of the building;
The name, address and twentv-four (24) hour telephone numbers of the owner(s);
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3)
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The name, address and telephone numbers of the property manager(s);
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The name, address and telephone number of the refuse removal person(s) or company(s) which
supplies refuse removal services for the building; and
The fire marshal may require such additional property and property management-related information as
will promote effective enforcement of this chapter.
(c) Issuance. Upon a finding of no violations of the provisions of state and local safety codes, the fire marshal shall
issue a fue certificate of occupancy that shall contain the following:
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The ��^'a�� ^��^-�'* ^��-�-�°- t�e of occupancv, includi� number of dwellin¢, roomine or euest units;
The address of the building;
The name and address of the owner(s) and property manager(s);
A description of that portion of the building for which the certificate is issued;
A statement that the described portion of the building has been inspected for compliance with the
requirements of state and local safety codes for the group and division of occupancy and the use for
which the proposed occupancy is classified; and
The name of the fire marshal.
(d) Smoke detectors required. Where reguired, �ino fire certificate of occupancy shail be issued unless each such
building has a proper, adequate and operable smoke detector.
(e) Posting. The fire ceftificate of occupancy provided by the fire marshal shall be posted in a conspicuous place
on the building and shall not be remove except by the fire marshal.
(fl Other Violations. Issuance of a fire certificate of occupancy shall not be construed as an approval of a violation
of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority
to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Section 5. Reserved.
Section � 6. Suspension, revocation and denial.
(a) Grounds for Revocation. The fire marshal may, in writing, issue a notice to the owner(s) of the city's
suspension or revocation of a fire certificate of occupancy issued under the provisions of this code, or deny an
application therefor:
I) Whenever the certificate was issued in error, or on the basis of incorrect information supplied;
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The specific reason(s) for the city's suspension, revocation or denial of the fire certificate of
occupancy;
The effective date of the revocation, suspension or denial of the fire certificate of occupancy;
z� 1 c) A statement indicating that the commercial building or residential occupancy, or portion
2iz thereof, shall not again be used or occupied until such time as the said certificate is issued or
z t 3 renewed or suspension lifted following inspection and a determination by the fire marshal that
21a the commercial building or residential occupancy, or portion thereof, is in compliance with
z� 5 applicable safety codes under the jurisdiction of the fire marshal; and
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When the owner(s) has submitted a false, incomplete or inaccurate statement as a part of the Qlp,- ( � Z.R
application for certificate;
If the owner has failed or refused to pay fees to the ciry for inspecfions or certificates;
If it is found upon inspection of the fire mazshal that the building or occupancy is in violarion of aa�
provisions of this or other applicable safety codes, ordinances, rules and regulations;
If the owner, in a material matter, fails to comply with the regulations in section 9 of this chapter; or
If the nonresidential building or structure becomes unoccuuied;�
If a residential buildine ex is a vacant building as defined in section 43 A2 of the Saint Paul legislative
code; or
Evidence of nuisance activity which shall follow the �rocedures stated in section 6(bl Zl below.
8)
(b) Notice ofsuspension, revocation or denial.
1) When the fire marshal revokes, suspends or denies a fire certificate of occupancy for safety code
violations, the notice issued by the fire maxshal shall state:
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d) A statement indicating that the suspension, revocation, or denial may be appealed to the
legislative hearing officer within ten (10) days of issuance.
2) When the fire mazshal determines in consultation with the Citv Attorney that he or she has �ree€
evidence of nuisance activity as�e€ttie�} described in Minnesota Statues 617.81, subdivision 2, or other
violations of nuisance provisions of the Saint Paul Legislative Code are maintained or Qermitted in the
iurisdiction he or she seroes, the fire marshal shall se»c�provide the written notice as described in
pazaeraph a) by personal service or certified mail return receipt requested to the owner and interested
parties known to the fire marshal
a ) " ....... _o i, ,.."_ ,, _ o.\�� :ae..«:a.:.....w . _,.�.� .... The notice must:
a - - �-----°-�
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230 � �^ ^n`1 thA �i^ F F ��� -��o ..«.. ..«:a.«:..,.., «t,,,
_'_ " '__"_ —_' ___"'_ _' _' ""_ �_� _" ""..."' 'r».._."""' ... .........._... °� ......
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i) States that a nuisance as defined in Minnesota Statute 617.81 Subdivision 2. or other
violations ofthe nuisance orovisions ofthe Saint Paul Leeislative Code, is �eing
maintained or permitted in the building or structure and musi specify the kind or kinds
of nuisance being maintained or permitted;
ii) Summazizes the evidence that a nuisance is being maintained or permitted in the
building or structure including the date or dates on which the nuisance-related acrivity
or activities aze alleged to have occurred; and
iii) Informs the recipient that failure to abate the conduct constimting the nuisance or to
otherwise resolve the matter with the fue marshal bv enterine into an aereed upon
abatement plan within 30 days of service of the �otice �ay will result in sewieg-a
�„ ,.v:...,,.,«:,... .,. ....,..,�..., �. _...,., ,. �n recommendinP the suspension or revocation
of the fire certificate of occupancy to the city council, and/or referring the matter to the
prosecuting attorney who serves in the jurisdiction for remedies in accordance with
Minnesota Statute 617.80 et seq. which could result in enjoining the use of the
building or structure for any purpose for one year, or in the case of a tenant, could
result in cancellation of the lease.
iv) Informs the owner of the options available under Minnesota Statute Section 617.85,
which nrovides that the owner of the building which is subiect to a district court
abatement proceedin� mav file a motion before the court that has jurisdiction over the
abatement kroceedine to cancel the lease or otherwise secure restitution of the premises
from the tenant or lessee who has maintained or conducted the nuisance. The owner
mav assien to the prosecutin a�ttorney the right to file this motion.
b) If the recipient of a notice under Section 6 of this ordinance either abates the conduct
constitutin¢ a nuisance or enters into an agreed upon abatement plan within 30 davs of service
of the notice and complies within the stipulated time neriod, the fire mazshal mav not take
action to susoend or revoke the fire certificate of occupancy on the specified propertv reeazdine
the nuisance activiry described in the notice
265 c) If the recipient fails to abate the nuisance within 30 davs of service of the notice or fails to
z66 comnlv with the aereed upon abatement plan, the fire marshal will refer the matter to the Citv
267 Council recommending susqension or revocation of the fire certificate of occupancy or refer the
268 matter to the orosecutine attornev in accardance with Minnesota Statute 617 80 et sec�
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3) The notice of intent to suspend or revoke the fire certificate of occuPancv for nuisance activity shall be
served bv oersonal service or by certified mail return receipt reauested The notice shall state•
a) The s�ecific reason(s) the fire marshal recommends suspension or revocation of the fire
certificate of occupancv;
b) The date time and place of the legisiative heazing and public hearing
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(d) Appeals and Stays ofEnforcement for Revocations, Suspensions and Denials ofFire Certificates of Occupancy.
1) Voluntary vacation of premises. No suspension, revocation or denial of the fire certificate of occupancy
shall be imposed upon any owner who serves written notice upon the legislative hearing officer stating
and intent to permanently vacate the premises within thirty (30) days of the receipt of the notice of
suspension, revocation or denial. Written notice of intention to vacate, along with the date of vacation,
must be filed with the heazing officer within ten (10) days from the receipt of the notice and shall
include proof that notice of eviction was served upon the occupants of the premises.
2) Stay pending appeal. Enforcement proceedings on the suspension, revocation or denial of the fire
certificate of occupancy, or orders to corsect violations, shall be held in abeyance if the owner shall file
an appeal to the legislative hearing officer within ten (10) days of receiving the written order issued by
the enforcement officer, except in the case of an order to vacate a structure which is deemed to be in an
unsafe condition and dangerous to life or limb, the enforcement officer shall proceed to order the
building vacated until it is made safe or a final determination is made by the legislative hearing officer
allowing re-occupancy of the building. This decision shall be presented to the ciTy council for
ratification at its next available public hearing. Abeyance of enforcement proceedings shall continue
until such time as the hearing officer shall have issued a final determination or in the event the owner
should not prosecute the appeal in a timely fashion.
3 t2 (e) Reinstatement following suspension or revocation. If a fire certificate of occupancy is suspended or revoked for
3 � 3 a building, or portion thereof, that building or portion thereof, shall not be occupied unYil such time as the Sre
314 certificate of occupancy is reinstated.
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3t6 (fl Reinstatement following second suspension or revocation. If a fire certificate of occupancy is suspended or
3] � revoked for a second time within a two-year time period under the same ownership, the building for which it
318 was issued shall not again be occupied unti] such time as the following has occurred:
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320 1) The fire marshal has determined that the building is in compliance with applicable safety codes;
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2) U to a t� Aue five thousand dollar ($� ($5,000.00� performance deposit or bond has been
posted with the city; the purpose of said bond shall be to off-set potential ciTy expenses associated with
abating nuisance conditions at this property and shall be returned to owner upon completion of two (2)
yeazs with no ]egislative code violations requiring ciTy abatement; and
3) If either of the preceding two (2) suspensions or revocations within the two-year time period were
based on criminal or nuisance conduct of residential occupants, the fire marshal may reyuire that a
reputable tenant screening agency be used, that the Iandlord adhere to the guidelines and advice
required by the police department and code enforcement officials, that the leases used for rental
dwellings include provisions allowing for the immediate eviction of tenants or their guests engaged in
criminal or nuisance activity; and that the owner or property manager attend a reputable landlord
Raining.
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335 (g) Reinstatement following third suspension or revocation. If a fire certificate of occupancy is suspended or
336 revoked for a third time within a three-year time period under the same ownership, the building �en�ise for
33� which it was issued shall not again be occupied until a nuisance abatement pian is developed by the property
338 owner, reviewed by the legislative heazing officer and approved by the city council. lf a nuisance abatement
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339 plan is not developed and approved, the premise for which the fire certiFicate of occupancy was issued shall not
3ao again be used or occupied for a period of six (6) months.
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Section $ 7. Inspections.
(a) Scope of inspection. The fire marshal is authorized, in conformity with this chapter, to inspect all buildings,
whether having a fue certificate of occupancy hereunder or not. The inspection may include the building or
structure, the land upon which it is located and accessory uses or structures. All inspections authorized by this
chapter shall be limited to those which are done for the purpose of seeking compliance with applicable safety
codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the
fire marshal.
(b) Notice of violations. The fire mazshal shali give written notice to the owner of any violations of the applicable
safety codes which aze discovered during any inspection.
Section 8. Reserved.
Section 9. Regulafions.
360 (a) Notice by owner. The owner of a building for which a fire certificate of occupancy has been issued is under a
36 t continuing obligation to give writCen notice to the fire marshal of any changes in the information supplied as
362 part of the application for the certificate. This includes any changes or modifications of ownership of the
363 building, and any change in use or occupancy status of the building.
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365 (b) New owner. A new owner of a building with a fire certificate of occupancy shall file with the fire mazshal a
365 written application for a modification of the certificate if such premise is still being used or occupied under an
36� existing certificate. Such application shall be filed within thirty (30) days after such new owner obtains new
368 ownership in the building, whether or not such interest has been recorded.
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(c) Change of use. Changes in the use of a building shall not be made without the approval of the �ttil���i
axd-tke fire marshal, and the building may be occupied for other purposes provided the new or proposed use is
less hazazdous, based on life and fire risk, than the existing use. If the use or occupancy of a fire certificate of
occupancy premise chu�ges, it shall immediately be required to meet all requirements of law, inciuding the
requirement for a certificate of occupancy before being used for such new or changed use. No change in the
existing occupancy classification of a 6uilding or shucture or portion thereof shall be made, until the fire
marshal has issued a fire certificate of occupancy therefor as provided herein. Dwelling units occupied by an
owner shall be exempted from this requirement ifthe residence contains three (3) or more dwellings units.
Properties occupied by an owner shall be exempted from this requirement if the residence contains one or rivo
dwelling units. The word "owner" means a natural person, and does not include a corporation, partnership or
other entiTy.
(d) Posting. The fire certificate of occupancy shall be posted in a conspicuous place on the premises and shall not
be removed except by Yhe fire mazshal.
Section 10. Fees.
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388 (a) Original issue, new building or substantiaddy rehabilitated bui(dings. There shall be no fee charged for an�'
3s9 issuance of the fire certificate of occupancy for new buildings at the completion of their construction or
390 following substantia] rehabilitation if the city's building official issues a certificate of occupancy oz certificate
391 of code compliarice.
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393 (b) Renewal fee for residential occupancies Fourteen dollazs ($14.00) per residential unit, minimum fee one
394 hundred twenty-eight ($128.00), maximum fee five hundred seventv-six (576.001 for buildings with one
395 hundred (100) or fewer units, and a m�imum fee of seven hundred twenty dollazs ($720.00} for buildings with
396 one hundred (100) or more units. The fee chazged for inspections of nuisance dwellings as defined in section
39� 42.01(2) of the Legislative Code shall be in an amount as established by the fire marshal to recover the costs of
398 the inspections.
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(c) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F(Factory), M(Mercantile), S
(Storage) and B(Business) occupancies. Twelve dollars ($12.00) per one thousand (1,000) square feet,
minimum fee one hundred fifty-six dollazs ($156.00), masimum fee five hundred sevent�six dollars f$576A01.
for buildines with fewer than one hundred eiehteen thousand (118,0001 sctuare feet of aa�reeate floor space,
and a maYimum fee of seven hundred twenty dollars ($720.00) for buildinas with one hundred ei�hteen
thousand (I 18,000) sauaze feet or more of ag,g�eate floor space.
(d) Reinspection fee. The renewal fee established in subsections (2) and (3) above allows for one (1) inspecYion and
one (1) reinspection for the renewal of the fire certificate of occupancy. A reinspection fee of fifty (50) percent
of the renewal fee shall be levied for each additional reinspection required to demonstrate compliance with
applicable safety codes.
a i 2 (e) Referral (or complaint-based) reinspection fee. Whenever a written correction order is issued to the owner or
413 responsible agent of the owner for a violation of this code and after a reasonable time for compliance has
ala elapsed, a reinspection shall be made. If the violation has not been conected at the time of the reinspection, a
4� 5 referral reinspection fee of sixty dollazs ($60.00) shail be collected for every subsequent reinspection until the
416 violation is corrected.
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4�8 (fl Partial fire certificate ofoccupancy fee. A fee of one hundred thiriy-eight dollars ($138.00) will be charged for
4 i 9 each partial certificate of occupancy requested. The issuance of a partia] fire certificate of occupancy is at the
azo discretion of the building official and fire marshal and the portion of the building covered by the certificate
42t must be legally completed and ready to occupy along with all other life and safety requirements.
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az3 (g) Provisional fire certificate of occupancy. A fee of fifty dollars ($50.00) will be charged for each provisional
a2a certificate of occupancy. This is an annual fee until the building is granted a fire ceRificate of occupancy upon
4z5 the successful completion of fire certificate of occupancy inspection per this chapter. The value of these fees
a26 will be discounted from the cost of the first fire certificate of occupancy fee, up to a value of ene-k�ec� �
4z� dollars E$�98:8Aj $50.00 .
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4z9 (h) No entry fee. The fire mazshal shall give notice of all inspections to the building owner. If any reason exists
a3o that the inspection cannot be conducted at the idenfified time, the buitding owner, or a responsible agent of the
a3 t owner, shall contact the fire mazshal in writing, no later that 8:00 a.m. on the date of the scheduled inspection.
43z If the fire marshal does not receive such notice and is unable to conduct the inspection because the owner fails
433 to cooperate with the inspector, the owner shall be assessed a sixTy dollars ($60.00) no-enhy fee.
434
435
436
437
A38
(i) Discounted fee. Whenever a fire certificate of occupancy renewal inspection finds no violations of any safety
code, the renewal fees set forth in subsections (b) and (c) of this pazagraph shall be discounted twenty-five (25)
percent.
439
440
441
442
443
444
445
446
Title VI New Chaptec Fire Certificate of Occupancy Program
Page 10 of 12
�(� tlZ-`(
(j) Late fees. A late fee shall be chazged and collected whenever the owner or responsible agent for the owneP"
makes applicarion for renewal of the fire certificate of occupancy after the expiration date of such certificate.
Separate late fees shall also be chazged and collected whenever the owner or responsible agent for the owner
pays late any other fees due and payable under this section. All late fees sha11 be ten (10) percent of the
certificate renewal fee. A late fee shall 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 (I ) late fee exceed fifty (50) percent of the certi£cate renewal fee. The late fee(s) shall be in
addition to any other fee or payment required.
447
aa8 (k) Exceptions: The fees for the fire certificate of occupancy and inspection aze provided in chapter 33 of this code
4a9 shall be required on buildings owned and occupied by any governmental agency, including county and state
a5o governmental agencies. The CiTy of Saint Paul, and any other agencies specifically exempted from such fees
45 t under state law, shall be exempt from payment of such fees.
asz
453
454
a55
456
457
458
459
abo
461
462
463
464
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470
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474
475
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477
Section ll. Collection of Unpaid Fees.
It is the intent of the city council, by the adoption of this section, to impose and collect the costs associated with the
inspections and reinspections conducted by the city, under this chapter, to maintain the health and safety of the users of
Saint Paul's built environment. If the charges for these services aze not paid by the owner of the property in a timely
fashion, the city shall collect such costs by assessment against the real property receiving these inspection and
reinspection services, pursuant to Minnesota Statutes, Section 429.101, which authorizes the council to provide for
reinspection fees to be coliected by special assessment and allows cities to collect the costs associated with removal or
elimination of public health or safety hazards and chapter 14 of the Saint Paul City Charter.
(a) Written notice.
1) Written notica of violations. When the fire mazshal conducts an initial inspectlon of a building and
determines that violations of safeTy codes under the jurisdiction of the fire mazshal exist, the fire
marshal shall, in addition to any other action the fire marshal may undertake, serve written notice ofthe
violation in conformance with the requirements set forth in this chagter.
2) Notice for collection of inspection and reinspection shall include the following information:
a) Fee far the fire certificate of occupancy inspection and associated reinspections are the
responsibility of the building owner and shall be paid within the Yime period(s) identified in the
notice; and
a�s b) The fire marshal may require an inspection following a complaint or refertal. If the fire
4�9 marsha] finds a violation of safety codes during a referral or complaint-related inspection, the
48o fire marshal will issue correction orders. If the violation is not corrected by the compliance
48 i date provided in the notice of violation, the building owner(s) shail be assessed fees for any
482 necessary reinspections.
483
484
485
486
487
488
489
490
491
492
(b) Fee and Ziabiliry. The city shall be entitled to collect its costs of fire certificate of occupancy inspections and
reinspection. The fees associated with the fire certificate of occupancy program shall be a debt owed to the city
and shall be collected by special assessment under the authority in Minnesota Statutes, Section 429.101 and the
charter. Action under this section does not preclude any other civii or crimina] enforcement procedure.
(c) Cast,' collection.
1) Cost records. The fire marshal shall keep a record of the costs for fire certificate of occupancy services,
the name and address of the owner, the dates of the inspections, the observed violations of safeTy codes
493
494
495
496
497
498
499
500
501
5oz
503
5�4
sOs
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507
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510
51t
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sl8
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522
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527
TiUe VI New Chaptec Fire Certificate of Occupancy Program
Page 11 of 12����
and the total amount of the costs these to be collected against a particular property, and shall repo such
information to the director of financial services.
2) Resolution approving total, setting date of public heazing. On or before October 1 of each year, the
director of financial services or his or her desigiee shall notify the city council of the total cost of such
fire certificate of occupancy inspection and reinspection services performed during the previous year
and the portion of such costs to be assessed against each lot and pazcel of property that utilized these
services. Upon receipt thereof, the council shall by resolution fix a date for public hearing at which time
the council shall consider adopting and levying the service chazges. The date of public heazing shall be
at least twenTy (20) days after adoption of said resolution.
3) Notice of council heazing. Following the adoption of the resolution provided in paragraph (b) above,
the director of financial services shall publish a notice of the hearing in a daily newspaper of the city at
]east five (5) days prior to the public hearing. The notice shall state the date, time and place ofheazing,
the purpose of the heazing, identify the services provided and the property to be assessed a service
chazge therefor, and shall state the proposed rates of service charges to be considered by the council.
4) Notice to owner and interested parties. At least ten (] 0) days before the hearing, notice thereof shall be
mailed by first class mail to the owner and any interested party known to the ciTy, at his or her last
known address. Such notice shall also inform the recipient of the notice:
a)
b)
Of the procedures he or she must follow under the charter in order to appeal the assessments to
the disirict court, and
Of the provisions of Minnesota Statutes, Sections 435.193 to 435.195 and the existence of any
deferment procedure established pursuant thereto.
c) Public hearing; adoption of assessment roll. On the date of public hearing the council shall
meet to consider the adoption of the proposed service charges. The council shall heaz all
interested parties conceming the proposed charges. At such meeting or at any adjournment
thereof, the council may amend the proposed service charges, and shall, by resolution, adopt
the service charges as a special assessment against the properties which utilized excessive
inspection services. Special assessments levied hereunder shall be payable in a single
installment.
528 d) Certification to county for collection with taxes. After adoption by resolution of the service
5z9 chazges and assessment rates therefor, and no later than November I5, the city clerk shal]
53o transmit a certified copy of said resolution to the county department of property tasarion to be
53 t extended on the proper tax list of the county and collected the following year along with current
532 ta�ces. �
533
534
535
536
537
538
539
e) AppeaL W ithin twenty (20) days after adoption of the resolution adopting the service charges,
any person aggrieved may appeal to the district court in the manner set forth in chapter 14 of
the city charter.
Section 12. Illegal occupancy.
5a0 No person shall occupy any building which does not have a fire certificate of occupancy. Any unit or structure which is
54t so occupied shall be subject to the provisions of section 34.23(2) of the legislative code relating to illegai occupancy.
5az Such illegal occupancy also constitutes a hazazd to the health, safety or welfare of the occupants and the public, and
5a3 may be condemned by the appropriate enforcement officex under section 34.23 of the legislative code.
544
5a5 Section 13. Penalty.
546
Title VI New Chapter: Fire Certificate of Occupancy Program
Page 12 of 12
5a1 A violation of, or failure to comply with, any section, provision or requirement in this chapter shall be a misdeme�_
548 and shall be subject to sections I.OS and 1.06 ofthe legislative code, and to applicable state statutes. This chapter is a
549 part of the city health, safeTy, housing, building, fire prevenrion and housing maintenance codes, and a violation shall be
55o deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations.
551
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555
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557
558
559
560
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Section 14. Appeal to legislative hearing officer.
Orders of the fire marshal aze subject to section I 8.02 of the Legislative Code. Orders of the fire marshal pertaining to
revocation, suspension or denial of applicarion are also governed by section 7 of this chapter.
Section 15. Applicability of other laws.
Nothing in this chapter is intended to waive, replace or amend the applicability or e�forcement of any other law,
ordinance or regulation applicable to commercial buildings and residential dwellings, including but not limited to,
zoning, nuisance abatement, or licensing ordinances.
Section 2
This oidinance shall take effect and be in force thirty (30) days follawing its passage, approval and pubiication.
^s 7C'�E K'��'�o
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Adopted by Council: Date o�� o2D'lJ�
Adoption Certified by Council Secretary
By: /� ///�/./vt� .�Os�
Approved by Ma or: Date: � 2 q d7
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Requested by Department of:
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Approved by Mayor for Submission to Council
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; Contact Person 8 Phone:
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Marcia Mcertnond
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Doc. Type: ORDINANCE
E-0ocument Required: Y
Document Contact: �cki
Contact Phone: 6-8561
13DEC-06
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Green Sheet NO: 3035371
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3 ouncil
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An ordinance amending Title VI of the St. Paril Legislative Code "Building and Housing" to create a chapter establishing a Fire
Certificate of Occupancy Progam.
itla4ons: Approve (A) or Ke]ea (K): rersona� service contracts must wnswer me ronowmg 4tuesnons:
Planoing Commission 1, Has this personlfirm ever worked under a contract for this department?
CIBCommittee Ves No
Civil Service Commission 2. Has this person/frm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answere on separeYe sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Finaacial Mformalion:
(Explain)
Activity Number:
CosURevenue Budgetetl:
December 13, 2006 4:17 PM Page 1
Ol� �4lZ,q
City of Saint Paul
Ciry Council Reseazch Center
310 City Hall
Saint Paul, MN 55102
(651)266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE: December 15, 2006 Revised Januarv 11. 2007
TO: Councilmembers
FROM: Wyn Douglas, Council Assistant
and
Marcia Moermond, Sr. Policy Analyst
RE: Ordinance Addinb a New Chapter "Fire Certificate of Occupancy Program" to Title VI of
the Saint Paul Legislative Code `Building and Housing" (Council File #06-1129)
Summary:
This ord'mance creates the Fire Certificate of Occupancy program wherein non-owner-occupied properties
would be required to have complete and periodic inspections. Fire C of O will be the program used to
ensure non-owner-occupied buildings comply with applicable codes over time, following the issuance of
an original Certificate of Occupancy. It would apply to all properties currently holding a Certificate of
Occupancy (commercial and residential) and non-owner-occupied single-family homes and duplexes.
This represents a significant change in coverage of properties regularly inspected by the City.
Embedded in this proposal is a restructuring of the fee schedule. Residential properties with less than 100
units and commercial buildings with less than 118,000 sq. ft. face an 8% fee increase. Residential
properties with more than 100 units and commercial buildings with more than 118,000 sq. ft. face a 25%
fee increase.
The fee for the "provisional Fire Certificate of Occupancy" is proposed to be $50 annually and the
provisional certificate would be re�laced by a"regular" Fire Certificate of Occupancy when the city
inspection is successfully completed. Up to $100 in provisional fees will be discounted from the first Fire
C of O fee. The ongoing cost of being in the Fire C of O program will depend on whether the property is
rated A, B, or C under the new classification system (Council Files # 06-1120 and # 06-1130). For
buildings with an A rating, the cost of being in the Fire C of O program ($25.60 annual average) will be
compazable to rental registration ($32.00 annual average).
Schedule for Cauncil Consideration:
December 20, 2006: First Reading
January 10, 2007: Second Reading
January 17, 2007: Third Reading, Public Hearing
7anuary 24, 2007: Fourth Reading and First Possible Date for Vote
Mazch 1, 2007: First Possible Date Ordinance Would Take Effect
�-��a�
Fire Certificate of Occupancy Memq Page 2 of 13
Tezt Changes: Representing changes of language adopted from previous versions of Chapters 33 and 51,
as well as new language.
Section 1. Fire Cert�cate of Occz�pancy Requirement: Sets out the requirement for all existing buildings
to receive a Fire C of O, issued by the Fire Marshal, and declazes occupancy without such a certificate as
a misdemeanor.
Section 2. Exception of Owner Occupied Buildings: Exempts owner-occupied 1- and 2-unit residential
properties.
Section 3. Definitions.
• "Authorized agenY' drawn from Chapter 51 with no cha�ges
• `Building" new definition (which has been modified 1/10/071
"Building." Any structure intended for supporting or sheltering any use or occupancy,
including the land sunoundine the structure. If the buildin� is a multi-unit residential
dwelline a hotel or motel, or a commercial or office buildin�, the term "buildinQ" for
pumoses of this ordinance means onlv the oortion of the buildin�within or outside the
structure in which a nuisance is maintained or permitted; such as a dwellin¢ unit, room,
suite of rooms, office, common area, storaee area, ¢azage, or parkin�ea.
• "Certificate of Occupancy" new definition
• "Commercial building" new definition
• "Dwelling" new definition
• "Family" drawn from Chapter 51 with no changes
• "Fire Certificate of Occupancy" new definition
• "Fire Marshal" new definition
• "Interested gartv " For pumoses of section 6 of this ordinance "interested nartd' means anv
known lessee or tenant of a building or affected portion of a building; or anv lmown aeent of an
owner, lessee, or tenant; or anv other lmown person who maintains or permits a nuisance. �The
addition ofthis lan�uaee is intended to helpbroaden the scope o[people notified in
revocation/suspension o,�fre c ofo situations.Z
• "Nuisance Activity" new definition
• "Nuisance Activity." Two (21 or more �behavioral incidents as described in Minnesota Statute
617.81, subdivision 2, or two (2) or more violations of at� nuisance provisions of the Saint Paul
Legislarive Code. fHavzn� a threshold of2 or more instances is intended to demonstrate that the
nuisance provisions of this chapter will not be used arbitrarilv. However, tlte city can and
should continue to issue warnin�s after 1 instance so the owner is aware ojthe situationJ
• "Owner" drawn from Chapter 51 with no changes
• "Owner-Occupied" new definition (which has been modified 1/10/07)
"Owner occupied" refers to one- and two-unit residential dwellings in which the owner
resides, � .. ,H a . ,,,, ,._..,._«:,......we_e,.� ..,w:,.w ,,.He�.a..o ,.....uc., r .. w,....o,.,e.,a
�
� �. _ . ; � . .
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• "Partial Fire Certificate of Occupancy" new definition
• "Property Manager" new definition
• "Provisional Fire Certificate of Occupancy" new definition
• "Recorder's office" drawn from chapter 51 with no changes
t�,- ��z°�
Fire Certificate of Occupancy Memo, Page 3 of 13
• "Rental dwelling uniP' drawn from chapter 51 with no changes
• "Residential occupancy" new definition
• "Safety code" new definition
Section 4. Certifzcation Process.
a) Buildings and Occupancies Requiring a Fire Cert�cate of Occupancy: Applicable newly
conshucted and occupancy changing buildings must receive Fire C of O from Fue Marshal.
Buildings with Fire Prevention issued C of O are subject to the requirements of said certificate
and will be subject to inspection based on last complete C of O inspecrion. Cunent Rental
Registration properties will be issued a provisional Fire C of O and receive fixll Fire C of O upon
inspection. Vacant buildings will be issued Fire C of concurrently with C of Code Compliance.
b) Information and Application: Sets out the content requirements for Fire C of O application.
c) Issuance: Sets out the content requirements far Fire C of O and issuance requirement of "no
violations of the provisions of state and local safety codes"
d) Smoke detectors required: Drawn from Sec 51.03 with no changes.
e) Other ViolaCions: Clarifies that Fire C of O issuance is not approval of code violation.
f� Posting: Sets posting reguirement. (Note that the Citv intends to develo�an alternative to
postingthe entire fire certificate of occupanc� It is Zooking at a"sticker "perhaps similar to the
burglar alarm sticker which indicates a fire certificate of occupancy number, the buildine use
and number of units — for fire sn etv purnoses. We do not think the le¢islation needs to be
chan2ed to provide for thisJ
Section S. Reserved. (This is where the ordinance on the buzldina classification svstem will be placed
nermanently afrer adoptionJ
Section � 6. Suspension, revocation and denial.
Revocation for Safety Code, Administrative or Procedural Reasons:
(a) Grounds for Revocation: The fire marshal may issue a written notice of suspension or revocation on
the following grounds: issuance error, false, incomplete or inaccurate information, failure ar refusal
to pay fees, violation of any provisions of this or other applicable safety codes, ordinances, rules and
regulations, or building vacancy.
Chan,ee to points 6 and 7 to clanify temporarilv vacant residential should not be revoked
or suspended on that basis.
If the nonresidential building ar structure becomes unoccu iep d: or
If a residential buildin¢ e� is a vacant building as defined in section 43.02 of the
Saint Paul legislarive code
(b) Notice of suspenszon, revocation ov denial: Norices must include the specific reason, the effecrive
date, a statement prohibiting property usage unril deemed usable by the Fire Marshal and a notice of
the right to appeal. In the case of nuisance activity, the Fire Marshal must issue a written notice to the
owner idenrifying the problem and indicating the grounds for legally declaring that activity a
nuisance.
Ot�' 1�Z�1
Fire Certificate of Occupancy Memo, Page 4 of 13
The Fire Marshal may revoke a Fire Certificate of Occupancy for safety code, administrative or
procedural reasons simply by providing norice to the owner that they have committed a violation as
described above. This revocation is appealable to the Legislarive Hearing Officer who will make a
recommendation on the matter to the City Council in a public hearing.
Issuance of a waming letter mav occur after a sin¢le nuisance instance, and the ordinance is now
silent on warnine letters. A letter indicatin� intent to revoke requires proof of two disrinct instances
of events constituting a nuisance (the first of which mav be the nuisance instance which hi Qeg red a
wamine letterl. The letter of intent to revoke needs to be sent certified mail to the owners and
interested narties. At this point, the owner can choose to abate the situarion within the time period
soecified, or work with the City to develon a nuisance abatement plan. If after 30 davs (or the time
period s�ecified in the abatement vlanl the nuisance conrinues unabated, the Fire Marshal must
recommend to the CiN Council that the Fire C of O be revoked. °i«°"^ �- �..;^^^^° °^':.^'�.'�^°
n;_,, n,r....,.�..., ,...� _� �:: �v �.".� ::�«°: �. ��^�?a�.�::� : w...we �;.., ��::^� Should the owner wish to
.,, .,, .. .,.., �
appeal, a legislative hearing will be conducted to develop a recommendation for considerarion by
City Council in a Public Hearing.
�C� S2YVZCE Of tJ12720tZC6. r�crsvaur"vcrricc� T w. zT-a@'n�vfir�n u.pF�iopix�ac°r.-p'�a.ci,T' oi $aa.ic`oo ca.£a�oi o°c
. Service
must be throu�h certified mail to owners and interested ap rties•
(d) Appeals and Stays of Enforcement for Revocations, Suspensions and Denials of Fire Certi�cates of
Occupancy. Appeals may be filed within 10 days from receipt of notice of revocation, suspension or
denial. This section treats these appeals with the same process applied to condemnations under the
Legislative Code.
(e) Reinstatement following suspension or revocation. If a fire certificate of occupancy is suspended or
revoked for a building, or portion thereof, that building or portion thereof, shall not be occupied until
such time as the fire certi6cate of occupancy is reinstated.
( fl Reinstatement following second saupension or revocation.
A second reinstatement requires Fize Marshal determination that the building is code compliant and
the posting of a�.?8A8 $5,000 performance deposit returnable after two years with no same ar
similaz violations. If the revocation was based on nuisance activity, the Fire Mazshal may require
tenant screening and that the landlord adhere to the guidelines and advice required by the police
deparhnent and code enfarcement officials, that the leases used for rental dwellings include
provisions allowing for the immediate eviction of tenants or their guests engaged in criminal or
nuisance activiry; and that the owner or property manager attend a reputable landlord training.
(g) Reinstatement following third suspension or revocation. If a fire certificate of occupancy is
suspended or revoked for a third time within a three-year time period under the same ownership, the
building for which it was issued shall not again be occupied until a nuisance abatement plan is
o�- ��a�
Fire Certificate of Occupancy Memq Page 5 of 13
developed by the property ow�ner, reviewed by the legislative hearing officer and approved by the city
council. If a nuisance abatement plan is not developed and approved, the premise for which the fire
certificate of occupancy was issued shall not again be used or occupied for a period of six (6) months.
Section &7. Inspections. Authorizes Fire Marshal to inspect all commercial and non-owner-occupied
residenrial buildings and properties for the purpose of ascertaining code compliance. A norice of
violations is required following inspection.
Section 9. Regulations: Requires notice to Fire Mazshal upon change of application information. New
owners must file application with Fire Marshal within 30 days of acquisirion. Changes of use must be
approved by building official and fire marshal. Fire C of O must be posted and not removed except by
Fire Marshal
Section 10. Fees.: Inirial Fire C of O fees aze outlined below. No fee is charged for original issue to new
buildings. Reinspection fees are 5�°10 of initial inspection fees. If a code violation has not been corrected
upon resinspecrion, a$60 fee will be charged. Partial certificates of occupancy ($138) are issued at the
discretion of the building official and fire marshal. No enhy fee of $60. When renewal inspection finds
no violation, the renewal fee shall be discounted 25%. Ten percent late fees aze collected when renewal
application is submitted after expiration. Agencies exempted under state law are exempted here.
Section 11. Collection of Unpaid Fees. Allows City to collect fees not paid in a rimely manner through
property tax assessment. Requires notice to owner.
Section 12. Illegal occupancy: Prohibits occupancy of applicable buildings without Fire C of O.
Section 13. Penalty: Violation of this chapter constitutes a misdemeanor.
Section 14. Appeal to Zegislative hearing o�cer: Subjects orders of the Fire Marshal to Ch 18.02
Section 1 S. Applicability of other laws
b(
F've Certificate of Occupancy Memo, Page 6 of 13
ResearchlAdditional Information:
Number of Units and Structures
Council Reseazch esrimates of single-family and duplex rental shuctures in Saint Paul are based on 2000
Census data and NHPI Rental Registration data. Both sources show approximately 6,000 single-family
rental structures. Duplex figures, however, differ.� For the purposes of this memo, the Census figures for
rental units are used due to known consistencies in survey methodology and coverage over time.
Estimates in this report assume an 85% coverage rate for the program given that complete tracking of all
one- and two-unit rental properties is unlikely to occur during the program's implementation stage.
to,000 ,
I
�
8,000 1
6.Q00
4,000
2,000
Occupancy Type
9,000
� SSngle Family Structises O Duplex Structures
Fstimates Used in Zhis Study
io,000 -,
I
8,000 � 7,650
6,000
4,000
2,000
O SSngle Family &ructiues O D¢plex Structures I
* Detailed d¢ta far the above charts is located an Appendic A
Classification System
In order to focus inspection services toward properties needing more improvement, this proposal includes
a shift from 2-year inspection cycles for C of O properties and annual renewal for Rental Registration
properties to a tiered system based on properry condition for residenrial properties. Specifics of the
classification system and deficiency points are located in Council Files # 06-1130 and # 06-ll20.
Restructured Fee Schedule
' The most plausible explanation for the difference is the definitions used for occupancy ("owner-occupancy" in the
Census and homesteaded properties in Rental Registration) and proper[y types (e.g. town homes considexed single-
family or multi-unit, structures with split unit-occupancies counted differently). Altematively, a specification error
of inconecfly counring units rather than structures could account for this difference.
2000 Census NHPI 2004 Assessment
ExistingStock CoveredbyProgam
bt�-tt2�
Fice Certificate of Occupancy Memo, Page 7 of 13
Number of Reinspections
In a random sample of 2006 Rental Registration data, 400 properties averaged approximately 2
inspecrions annually between July 2004 and July 2006. The initial indication is that few reinspection fees
will be collected (initial inspection and first reinspection are covered in certificate of occupancy renewal
fees) given that 69% of the sample had 2 or fewer inspections annually. However, the remaining 31% of
the sample required 3 or more mspections and therefore would pay reinspection fees (currently proposed
to be 50% of a standard renewal fee). These 124 properties accounted for 1,270 reinspections (10.24 per
property).
Despite these esrimates, it is important to note the nature of these inspections in the context of proposed
property classificarions. If, upon initial inspection or after one reinspection, a property is deemed Class A,
there will normally be no reinspections without complaint. If a property is deemed Class B or C, however,
the average renewal costs may provide an incentive for property owners to be reinspected for
reclassificarion, depending on the cost of property improvements.
Appendix B outlines the average costs of renewal and reinspection to property owners, excluding any
properry improvements costs. Although it is cost effective in the long term for all property owners to
reclassify to Class A in their first year, it is unlikely that all will do so because they may not view their
property investment as long term or the cost of repairing code violarions in a Class B or C property may
exceed the financial benefit of reclassification.
The warkload projection model outlined below functions on the assumptions that initial inspections will
take 1 hour foi single-family properties, 1.5 hours foi duplex properties and reinspections will take half
the time of the initial inspections. These assumptions aze based on the 1997 Council Research study and
Z Single-family and duplex rental structures aze currently under the Rental Registration program, while structutes
with 3 or more uniYS are currently under the Certificate of Occupancy program.
On the recommendation of Fire Mazshal5teve Zaccazd, the following fee structure for Certificates of
Occupancy is proposed. According to projecrions from the Division of Fire Prevention, fees under the
updated structure will recover over 70% of inspection costs, compared to roughly 57% currently.
c�-��Z�
Fixe Certificate of Occupancy Memo, Page 8 of 13
were, at that time, deemed sound estimates by Fire Marshal Zaccazd and Chazles Vote] of Public Health
Cade Enforcement.
Revenue and Workload
Below aze the progam estimates of the income received by NHPI from the Rental Registrarion program
for the past two years and 2006 YTD.'
Year
2004
Rental
>ram Revenue
Revenue Av¢ Revenue
� 2006Projection � 5,946* � $180,461** � $30.35 �
* Property piojection taken from Rental Registration database and includes
delinquent, final notice, initial notice, renewal pending and current properties.
** Revenue projechon uses 2006 pzoperty ptojection and average revenue figure as
of 10/2S(06.
Under the Fire C of O program proposal, the total revenue projecrion from 5,100 one rental-unit structures
paying a$128 renewal fee and 1,403 two xental-unit structures paying $142 is, on average, $170,A05
annually. This figure can be considered a"bottom line" estimate for the program in that it assumes that
all 6,503 covered properties are Class A(therefore renewing least frequently) and that each has no more
than 1 reinspection annually (i.e. no reinspection fees are collected).
The difference between projected 2006 Rental Registration revenue and projected average annual
minimum revenue for the new Fire C of O program appears to give little financial incentive to implement
a new program considering that roughly 600 properties will be added to the program. Two points,
however, significantly increase the likelihood of program revenues being above the minimum estimate.
First, the 2006 Rental Registrauon revenue projection is likely high as the rate of revenue collection slows
late in the year. Secondly, given that the $170,405 figure is a cycle minimum coupled with the estimate of
31% ofproperties requiring more than 1 reinspecrion, total Fire C of O revenues are very likely to be well
above the estimate. Furthermore, the likelihood of all properties being classified to the masimum 5-yeaz
cycle is miniscule, increasing the average Fire C of O renewal frequency.
Introduction ofFroperties into Program
Annual revenue collected from the proposed
program will depend on the implementarion process.
Appendix C provides an estimate of revenue from
the proposed Fire C of O program based on non-
complaint properry introduction. In Class A it is
assumed that no more than one reinspection will
occur as there is no incentive for property owners to
seek reclassification. In Classes B and C, the
properties receiving 0 or 1 reinspection, 2
reinspecrions or 3 reinspections are distributed
according to the proportions gamered from the
NHPI database sample.
S,OOO �
a,5oo �
a,000
3,500
3,000
2,500
2,000
1,500
3 Figures obtained from Rental Registration program Supervi� 1,000
S00
Peak Workload Estimates
a,ots
Lnspections Reinspections
a�,-ltL�
Fire Ceciificate of Occupancy Memo, Page 9 of 13
Appendix D, using the same assumptions as Appendix C, provides an estimate of complaint-based
property introducfion. Based on this rate of program intake, nearly 5,000 inspection hours (composed of
the time involved in carryin� out 2,601 inspecrions and 3,269 reinspecrions) in 2,601 properties in Yeaz 1
would result in revenues approachin� 5450,000. Upon peak progam implementation, roughly 6,250
annual inspection hours accounting for 3,641 properties would result in revenues of approximately
$560,000.
Based on the estimate of 40% of an inspector's 2000 hours per yeaz being spent on site visits (800 hours),
almost 8 inspector FTEs wonld eventually be required to manage the peak 5,700 estimated inspecrion
hours needed inspect nearly 3,600 properties.
Cunently, the Division of Fire Prevention could free the equivalent of one Certificate of Occupancy
inspector through efficiency �ains from the new classificarion system. NHPI has two inspectors for the
Rental Registration program which could be transferred to Fire Prevention as Rental Registration
properties aze moved to the proposed Fire C of O program. Together, these 3 FTEs can complete roughly
2,400 hours of inspection annually.
A more gradual and revenue neutral approach to property introduction orients toward a pay-as-you-go
program wherein existing inspection staff begins introducrion of properties into the program and new staff
are hired as inspection volume increases. The gradual implementation and movement toward full property
coverage can be scaled to match budgetary and administrative parameters.
Attachments:
Appendix A: One- and two-unit Rental Structure Counts
Appendix B: Cost to Property Owners of Renewal and Reinspections for Single-Family Properties
Appendix C: Revenue projection based on 2006 C of O(3+ units) estimate, non-complaint-based properry
introduction
Appendix D: Revenue projection based on 2006 C of O(3+units) estimate, complaint-based property
introduction
Appendix A: Structure Counts
Occupancy Type
io,000 �
� 9,OOU
8,000
6,000
4,000
2,000
Single Family Structures fl Duplex Struciuces'
io,000
: ���
6,000
4,000
2,000
Fstimates Used in Tl�is Study
(}�� llL�
* Estimated from unit figures.
Existing &ock Covered by Program
I p Smgle Family Scructuces fl Doplex &rucrises =,
2000 Census NHPI 2004 Assessment
o�-t�z�
Fire Cerlificaie of Occupancy Memo, Page i l o£ 13
Appendix B:
Cost to Property Owners of Renewal and Reinspections for Single-Family Properties
Fue Certificate of Occupancy Memo, Page 12 of 13
�-112
Appendix C:
Revenue projection, 2006 C of O(3+ units) estimate, non-complaint-based property introduction
Year ] Year 2 Year 3 Year 4 Year 5
Class A
Sin Ze Famil Structures 306 306 306 306 306
In ctions 306 306 306 306 306
Reinsnections 153 153 153 1�3 153
Revenue � 539,168 $39,168 $39,168 $39,168 $39,168
DunZex Structures 84 84 84 84 84
1
are structures past their first renewat cycle
Total Ins ection Hours 158 158 158 158 158
Revenue �11,949 $11,949 $11,949 $11,949 $11,949
� TOTAL �
�Structures 3.641 � 3.64� 3.641T 3.641T 3.641�
Fire CertiFcate of Occupancy Memo, Page 133f 13 ����
Appendix D:
Revenue projection, 2006 C of O(3+ units) esrimate, complaint-based property introduction
Year 1 Year Z Year 3 Year 4 Year 5 Year 6 Year 7 Year 8
Ctass A
Sin IeFamii Structures 0 0 0 306 306 306 306 306
In ections Q � Q 306 306 306 306 306
Reins ecrions 0 0 0 153 153 153 153 153
Total In ection Hows 0 0 0 383 383 383 383 383
Revenue �0 $0 $0 $39,168 $39,168 $39,168 $39,168 $39,168
Du les Structures 0 0 0 84 84 84 84 84
Ins ections 0 0 0 84 84 84 84 84
Reins ections 0 0 0 42 42 42 42 42
Total Ins ection Hours 0 0 0 158 158 158 158 158
Revenue $0 $0 $0 $11,949 $ll,949 $11,949 $ll,949 $11,949
TOTAL
Structures 2,601 3,251 3,251 3,641 3,641 3,641 3,641 3,641
7ns ections Site Visits 2,601 3,251 3,251 3,641 3,641 3,641 3,641 3,641
Reins ections Site Visits 3,269 3,820 3,820 4,015 4,015 4,015 4,015 4,015
Total Ins ection Aours 4,642 5,718 5,718 6,258 6,258 6,258 6,258 6,258
Ins ectors Needed 5.87 7.15 7.15 7.82 7.82 7.82 7.82 7.82
Revenue $446,374 S513,228 $513,22$ $564,346 $564,346 $564,346 $564,346 $564,346
Grayed frgures are structures past their fzrst renewal cycle
Council File # 06- �\Z.
Green Sheet # '30353� �
L�7
CITY OF SAINT PAUL DOES ORDAIN:
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THE COUNCII,
AMENDED 1J10/07.
ORDINANCE
�AINT PAUL�NfI
�
An Ordinance Creating a Fire Certificate of Occupancy Progam
Secfion 1
Title VI of the Saint Paul
Fire Certificate of Occupancy
Section 1. Fire Certificate of
CITY OF
Code `Building and Housing" is amended to include the following chapter:
All existing buildings in the City of Saint Paul required to have and maintain a fire certificate of occupancy, issued
by the fire marshaL The certificate shall be an indi tion that the building meets� at the time of inspection, all relevant
codes to maintain the health, safety and welfare of the uilding's occupants and the general publia lt shall be a
misdemeanor to rent or lease, or permit the occupancy o a building or structure or portion thereof which does not have
a fire certificate of occupancy.
Section 2. Exception of Owner Occupied Buildings.
Owner-Occupied single-family houses and owner-occupied duplexes
and maintain a fire certificate of occupancy.
Section 3. Defiuitions.
be exempted from the requirement to have
Unless otherwise expressly stated, the following terms shall, far the purpose of
indicated in this section.
(a) "Authorized agent." An individual(s) with legal authoriTy and capable
the building(s) and authority over the proceeds of such sale.
(b) `Building." Any structure intended for supporting or sheltering any use or
suite of rooms, office, common area, storaee area, e�e, or parkine area.
, have the meanings
for the sale of
Title VI New Chapter. Fire Certifcate of Occupancy Program
�i; �ita�
38 (c) "CeRificate of Occupancy." A document issued by the City of Saint Paul Building O�cial under the authority
39 of both state and ciTy building codes indicating a newly constructed or substantially rehabilitated shucture is, at
ao the time of inspection, code comp3iant, habitable and otherwise meets all requirements for its intended use.
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45
Ab
(d) "Commercial building." Any nonresidential structure, the surrounding land and accessory use structures.
(e) "Dwelling." A building that contains one, two or multiple dwelling units, intended or designed to be used,
rented, leased, let or hired out to be occupied for living purposes.
a� (� "Family." One {1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally
48 cared for children together with not more than two (2) persons not so related, living together in the whole or
49 part of a dwelling comprising a single housekeeping unit.
50
51 (g) "Fire Certificate of Occupancy." A document issued by the City of Saint Paul Fire Mazshal indicating the
5z existing structure complies with all state and local safety codes ailowing its use as a commercial building or for
53 residential occupancy.
54
55 (h) "Fite Mazshal." The CiTy of Saint Paul Fire Mazsha] and his or her designee or designees, and shall include
56 any enforcement officer under his or her supervision or direction, or other duly authorized representative. The
5� fire certificate of occupancy program shall be issued under the authority of the fire marshal.
ss
59 (i) "Interested party." For pumoses of section 6 of this ordinance "interested �ariv" means an�known lessee or
5o tenant of a buildi� or affected portion of a buildin ;g or any known a�ent of an owner, lessee, or tenant: or anv
6� other known person who maintains or nermits a nuisance.
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(-ij �"Nuisance Activity." Two (2) or more �behavioral incidents as described in Minnesota Statute 617.81,
subdivision 2, ar Two (2) or more violations of a�y nuisance provisions of the Saint Paul Legislative Code.
��"Owner." The person, firm, corporation or other entity listed in the records on file in the recorder's office as
holding fee title to the building, and includes the owner's authorized agent.
(-k� �"Owner occupied" refers to one- and two-unit residential dwellings in which the owner resides�st�l}
�z f� �"Partial Fire Certificate of Occupancy." A document issued by the City of Saint Paul Fire Marshal
�3 indicating that a portion of an existing structure complies with all state and local safety codes allowing its use as
�a a commercial building or for residential occupancy. The partial fire certificate of occupancy shall describe
75 specifically which portion of the building is approved for occupancy.
76
7� (t�j � "Property manager." An individual(s) with the legal authority to make and act on decisions of tenancy,
�8 building maintenance and repairs relating to applicable safety codes.
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80 (nj (o� "Provisional Fire Certificate of Occupancy." A document issued by the City of Saint Paul Fire Mazshal to
8� owners of one- and two-unit rental dwellings �^a��°'�°° *w�'''� °°°°m�° «'-� �°:°+:°�- °^-�.��.-° � �^�,:�° .� :+'-
8 a u ,.«,,.e .,,,a ,,.,...� ....r ... ,.,,a .... ........ :.... :... ..,.,, F _ _e..:ae..,: , ,... . to temnorarilypermit continued
83 occupancY�endine inspection ofthe existine structure. Buildings with a provisional fire certificate of
8a occupancy will be granted a fire certificate of occupancy upon the successful completion of fire certificate of
85 occupancy inspection per this chapter.
86
Title V I New Chapter: Fire Certificate of Occupancy Program
Page 3 of 12 q
S� (ej jp� The "recorder's office" is the Ramsey CounTy Depar[ment of Property Records and Taxation, or its divQo�n t � L !
ss which maintains ritle and property records, and any successor agency or department thereof.
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96 {-r-� (s� "Safety code" or "safety codes" include any fue, housing, health, safery z, onin¢ or other similaz code, law and
9� ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and the
98 CiTy of Saint Paul, or any lawful agency or deparhnent thereof, which are applicable to a�welkirig buiLdine in
99 such city. Safety code includes, without any limitation of the foregoing sentence as a result of this specification,
10o the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code.
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i 13 3) Commercial buildings and residential occupancies which have current Fire Prevention issued
1 t 4 certificates of occupancy on or after January 1, 2007 shall be subject to the ongoing requirement to
1 t 5 maintain a fire certificate of occupancy. These buildings shall be issued fire certificates of occupancy
t t6 and shall be subject to periodic inspection based on the date of the building's last complete certificate
t 7 7 of occupancy inspeciion, subject to the terms of this chapter.
1t8
i 19 4) One- and two-unit rental dwellings which are currently registered and certified as rental properties
t2o under the requirements of this code on January 1, 2007 shall receive provisional fire certificates of
t2t occupancy. These properties shall be issued fire certificates of occupancy upon the successful
� z2 completion of a fire certificate of occupancy inspection.
123
t za 5) A building which has been registered as a vacant building under chapter 43 of the Legislative Code that
125 subsequently received a certificate of code comptiance under section 33.06 of the Legislative Code
i 25 shall be issued a fire certificate of occupancy concunently with the certificate of code compliance.
t27
�} �"Rental dwelling unit." Any room or rooms, or space, in any dwelling designed or used for residential
occupancy by one (1) or more persons who aze not the owner or a member of the owner's family.
{-q-} �"Residential occupancy" is occupancy in a building or portion thereof, for residential purposes, used or
intended to be used for living, sieeping, and/or cooking or eating purposes.
Section 4. Certification Process.
(a) Buildings and Occupancies Requiring a Fire Certificate of Occupancy
I)
2)
Buildings which receive a certificate of occupancy from the city's building official upon compietion of
construction or major rehabilitation shall simultaneously receive a fire certificate of occupancy from the
fire marshal if their use or occupancy so requires.
Buildings which have a change in use or occupancy and become subject to the fire certificate of
occupancy requirement.
t 28 (b) Information and Application. Owners of ail buildings subject to the fire certificate occupancy requirement shall
t29 apply for a fire certificate of occupancy. The application shall be provided by the fue marshal and include, at a
�3o minimum, the following information:
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1)
2)
A description of the building;
The name, address and twentv-four (241 hour telephone numbers of the owner(s);
Title VI New Chapter: Fire Certificate of Occupancy Program
Page 4 of 12
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The name, address and telephone numbers of the property manager(s);
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The name, address and telephone number of the refuse removal person(s) or company(s) which
supplies refuse removal services for the building; and
The fire marshal may require such additional property and property management-xelated information as
will promote effective enforcement of this chapter.
(c) Issuance. Upon a finding of no violations of the provisions of state and local safety codes, the fue mazshal shall
issue a fire certificate of occupancy that shall contain the following:
])
2)
3)
4)
The'�••�'a'^ ^—�-�-�'t °��--�'�°- t�pe of occupancy, includine number of dwelline, rooming or ¢uest units;
The address of the building;
The name and address of the owner(s) and property manager(s);
A description of that portion of the building for which the certificate is issued;
5) A statement that the described portion of the building has been inspected for compliance with the
requirements of state and local safety codes for the group and division of occupancy and the use for
which the proposed occupancy is classified; and
6) The name of the fire mazshal.
(d) Smoke detectors required. Where required, �Fno fire certificate of occupancy shall be issued unless each such
building has a proper, adequate and operable smoke detector.
(e) Posting. The fire certificate of occupancy provided by the fire marshal shall be posted in a conspicuous place
on the building and shall not be remove except by the fire marshal.
(� Other Violations. Issuance of a fire certificate af occupancy shail not be construed as an approval of a violation
of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority
to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
$¢ctlOU 5. Res¢rv¢d.
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Section � 6. Suspension, revocation and denial.
(a) Grounds for Revocation. The fire marshal may, in writing, issue a notice to the owner(s) of the city's
suspension or revocation of a fire certificate of occupancy issued under the provisions of this code, or deny an
application therefor:
1) Whenever the certificate was issued in error, or on the basis of incorrect information sugplied;
Title V1 New Chapter: Fire Cehificate of Occupancy Program
Page 5 of 12
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t sa
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When the owner(s) has submitted a false, incomplete or inaccurate statement as a part of the �. �
application for certificate;
If the owner has failed or refused to pay fees to the city for inspections or certificates;
If it is found upon inspection of the fue marshal that the building or occupancy is in violation of aa�
provisions of this or other applicable safety codes, ordinances, rules and regulations;
If the owner, in a materia] matter, fails to comply with the regulations in section 9 of this chapter; or
If the nonresidential buiiding or structure becomes unoccupied; or
If a reside�tial buildine e� is a vacant building as defined in section 43.02 of the Saint Paul legislative
code
(b) Notice of suspension, revocation or deniat.
1) When the fire mazshal revokes, suspends or denies a fire certificate of occupancy for safety code
viotations, the notice issued by the fire mazshal shall state:
a)
b)
The specific reason(s) for the ciTy's suspension, revocation or denial of the fire certificate of
occupancy;
The effective date of the revocation, suspension or denial of the fire certificate of occupancy;
208 c) A statement indicating that the commercial building or residential occupancy, or portion
209 thereof, shali not again be used or occupied until such time as the said certificate is issued or
2 t o renewed or suspension lifted following inspection and a determination by the fire marshal that
2t t the commercial building or residential occupancy, or portion thereof, is in compliance with
z i 2 applicable safety codes under the jurisdiction of the fire marshal; and
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a) : .....,. :,»�; .,..�e .��� :,,e..«:� : .. «�.o ,.,.� . , The notice must:
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d) A statement indicating that the suspension, revocation, oc denial may be appealed to the
legislative hearing officer within ten (10) days of issuance.
2) When the fire marshal has }�ree€evidence of nuisance activiTy as defined in Minnesota Statues 617.81,
subdivision 2, or other violations of nuisance provisions of the Saint Paul Legislative Code are
maintained or permitted in the jurisdiction he or she serves, the fire marshal shall see�-provide the
written notice as described in oaraeraph a), bypersona] service or certified mail, return recei�t
requested, to the owner and interested parties known to the fire mazshal
i) States that a nuisance as defined in Minnesota Statute 617.81 Subdivision 2 or other
violations of the nuisance nrovisions of the Saint Paul Leeislative Code is k�ei�g
Title VI New Chaptec Fire CeA�cate of Occupancy Program
Page 6 of 12
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maintained or permitted in the building or structure and must specify the kind or kinds
of nuisance being maintained or permitted; �. �`L�
ii) Summarizes the evidence that a nuisance is being maintained or permitted in the
building or shvcture, including the date or dates on which the nuisance-related activiTy
or activities are alleged to have occurred; and
iii) Informs the recipient that failure to abate the conduct constituting the nuisance or to
otherwise resolve the matter with the fue marshal bv enterine into an aezeed upon
abatement plan within 30 days of service of the notice � will resulY in ser
„�,+:,.o ,.e:..,e..«:,.., ,,. ..,.....e..a ,._ _e.,,.,,e in recommendine the susoension or revocation
of the fire certificate of occupancy to the citv council. or referring the matter to the
prosecuting attorney who serves in the jurisdiction for remedies in accordance with
Minnesota Statute 617.80 et seq. which could result in enjoining the use of the
building or structure for any purpose for one year, or in the case of a tenant, could
result in cancellation of the lease.
iv) Informs the owner of the options available under Minnesota Statute Section 617.85.
b) If the reci�ient of a notice under Section 6 of this ordinance either abates the conduct
constitutine a nuisance or enters into an aoreed upon abatement plan within 30 davs of service
of the notice and complies within the stinulated time period, the fire marshal may not take
action to sus�end or revoke the fire certificate of occupancv on the specified oronertv reQardin¢
the nuisance activity described in the notice.
256 c) If the recinient fails to abate the nuisance within 30 da�s of service of the notice, or fails to
257 com�ly with the�eed upon abatement plan, the fire marshal will refer the matter to the Citv
25a Council recommendine susnension or revocation of the fire certificate of occupancv or refer the
z59 matter to the nrosecutine attomeY �n accordance with Minnesota Statute 617.80 et sect
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3) The notice of intent to suspend ar revoke the fire certificate of occuoancv for nuisance activit�hall be served
by �ersonal service or bvi certified mail , return rece�t requested The notice shall state:
a) The specific reason(sl the fire mazshal recommends suspension or revocation of the fire
certificate o£ occupancv;
b) The date, time and place of the oublic hearing.
yr -
z} T '.—�-�:�
.
r.�!ee!sa�zai��n!tr.r�7sr7
(d) Appeals and Stays ofEnforcementfor Revocations, Suspensions and Denials ofFire Certificates ofOccupancy.
1) Voluntary vacation of premises. No suspension, revocation or denial of the fire certificate of occupancy
Title VI New Ghapter. Fire Certificate ofi Occupancy Program
Page 7 of 12 p
286 shall be imposed upon any owner who serves written notice upon the legislative hearing officer sta m+112 `
2S� and intent to permanently vacate the premises within thirty (30) days of the receipt of the notice of
288 suspension, revocation or denial. Written notice of intention to vacate, along with the date of vacation,
289 must 6e fited with the heazing officer within ten (1�) days from the receipt ofthe notice and shall
290 include proof that notice of eviction was served upon the occupants of the premises.
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2) Stay pending appeal. Enforcement proceedings on the suspension, revocation or denial of the fue
certificate of occupancy, or orders to correct violations, shall be held in abeyance if the owner shall file
an appeal to the legislative hearing officer within ten (10) days of receiving the written order issued by
the enforcement officer, except in the case of an order to vacate a strucmre which is deemed to be in an
unsafe condition and dangerous to life or limb, the enforcement officer shall proceed to order the
building vacated until it is made safe or a final determination is made by the legislative heazing officer
allowing re-occupancy of the building. This decision shal] be presented to the city council for
ratification at its next available public hearing. Abeyance of enforcement proceedings shall continue
untii such time as the heazing officer shall have issued a final determination or in the event the owner
should not prosecute the appeal in a timely fashion.
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303 (e) Reinstatement following suspension or revocation. If a fire certificate of occupancy is suspended or revoked for
3�4 a building, or portion thereof, that building or portion thereof, shatl not be occupied until such time as the fire
305 certificate of occupancy is reinstated.
306
307 ( fl Reinstatement following second suspension or revocation. If a fire certificate of occupancy is suspended or
308 revoked for a second time within a two-year time period under the same ownership, the building for which it
309 was issued shall not again be occupied until such time as the following has occurred:
310
3] t 1) The fire mazshal has deterrnined that the building is in compliance with applicable safety codes;
312
3� 3 2) U� to a�} twe five thousand dollar E$� 5 000.00 performance deposit or bond has been
31a posted with the city; the purpose of said bond shall be to off-set potential ciry expenses associated with
3� 5 abating nuisance conditions at this property and shali be retumed to owner upon completion of two (2)
316 years with no legislative code violations requiring city abatement; and
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3) If either of the preceding two (2) suspensions or revocations within the two-year time period were
based on criminal ar nuisance conduct of residential occupants, the fire marshal may require that a
reputable tenantscreening agency be used,thatthe landlord adhereto the guidelines and advice
required by the police deparhnent and code enforcement officials, that the leases used for rental
dwellings include provisions allowing for the immediate evicYion of tenants or their guests engaged in
criminal or nuisance activity; and that the owner or property manager attend a reputable landlord
training.
(g) Reinstatement following third suspension or revocation. If a fire certificate of occupancy is suspended or
revoked for a third time within a three-yeaz time period under the same ownership, the building �retnise for
which it was issued shall not again be occupied until a nuisance abatement plan is developed by the property
owner, reviewed by the legislative heazing officer and approved by the city council. If a nuisance abatement
plan is not developed and approved, the premise for which the fire certificate of occupancy was issued shall not
again be used or occupied for a period of six (6) months.
Section � 7. Inspectians.
(a) Scope of inspection. The fire marshal is authorized, in conformity with this chapter, to inspect all buildings,
whether having a fire ceRificate of occupancy hereunder or not. The inspection may include the building or
Title VI New Chaptec Fire Certificate of Occupancy Program
Page 8 of 12
{��- tIZ�1
33� structure, the land upon which it is located and accessory uses or structures. All inspections authorized by �s
338 chapter shail be limited to those which are done for the purpose of seeking compliance with applicable safety
339 codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the
34o fire marshal.
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(b) Notice of viotations. The fire mazshal shall give written notice to the owner of any violations of the applicable
safety codes which aze discovered during any inspection.
Section 8. Reserved.
Section 9. Regulafions.
348 (a) Notice by owner. The owner of a building for which a fire certificate of occupancy has been issued is under a
3a9 continuing obligation to give written notice to the fire mazshal of any changes in the information suppiied as
35o part of the application for the certificate. This includes any changes or modifications of ownership of the
35t building, and any change in use or occupancy status of the building.
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353 (b) New owner. A new owner of a building with a fire certificate of occupancy shall file with the fire marshal a
35a written application for a modification of the certificate if such premise is still being used or occupied under an
355 existing certificate. Such application shall be filed within thirty (30) days after such new owner obtains new
356 ownership in the building, whether or not such interest has been recorded.
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(c) Change of use. Changes in the use of a building shail not be made without the approval of the ��'�.� �:g �r sia�
a�-ttie fire marshal, and the building may be occupied for other purposes provided the new or proposed use is
less hazardous, based on life and fire risk, than the existing use. If the use or occupancy of a fire certificate of
occupancy premise changes, it shall immediately be required to meet all requirements of law, including the
requirement for a certificate of occupancy before being used for such new or changed use. No change in the
existing occupancy classification of a building or structure or portion thereof shall be made, until the fire
marshal has issued a fire certificate of occupancy therefor as provided herein. Dwelling units occupied by an
owner shall be exempted from this requirement if the residence contains three (3) or more dwellings units.
Properties occupied by an owner shall be exempted from this requirement if the residence contains one or two
dwelling units. The word "owner" means a naturai person, and does not include a corporation, part�ership or
other entity.
(d) Posting. The fire certificate of occupancy shall be posted in a conspicuous place on the premises and shall not
be removed except by the fire mazshal.
Section 10. Fees.
375
376 (a) Original issue, new building or substantially rehabilitated buildings. There shall be no fee charged for an
3'r1 issuance of ihe fire certificate of occupancy for new buildings at the completion of their construction or
3�8 following substantial rehahilitation if the city's building of£icial issues a certificate of occupancy or certificate
3�9 of code compliance.
380
38 ] (b) Renewal fee for residential occupancies. Fourteen dollars ($14.00) per residential unit, minimum fee one
382 hundred twenty-eight ($128.00), maximum fee five hundred seven -six (576.00� for buiidines with one
383 hundred (100) or fewer units, and a maximum fee of seven hundred twenty dollars ($720.00) for buildin s with
38a one hundred (100) or more units. The fee charged for inspections of nuisance dwellings as defined in section
385 42.01(2) of the Legislative Code shall be in an amount as estabiished by the fire marshal to recover the costs of
385 the inspections.
Title Vl New Chapter. Fire Ceriifirate of Occupancy Program
Page 9 of 12
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(c) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Hazardous), F(Factory), M(MercantiZe), 5
(Storage) and B(Business) occupancies. Twelve doilazs ($12.00) per one thousand (1,000) square feet,
minimum fee one hundred fifty-six doUars ($156.00), maximum fee five hundred seventv-siY dollazs ($576.00�,
for buildines with fewer than one hundred eiehteen thousand (I I8.000) squaze feet of ag reeate floor space,
and a maYimum fee of seven hundred twenty dollazs ($720.00) for buildines with one hundred eiahteen
thousand 118,000) squaze feet or more of aggregate floor snace.
(d) Reinspectionfee. The renewal fee established in subsections (2) and (3) above allows for one (1) inspection and
one (I) reinspection for the renewal of the fire certificate of occupancy. A reinspection fee of Fifry (50) percent
of the renewa] fee shall be levied for each additional reinspection required to demonstrate compliance with
applicable safety codes.
(e) Referral (or complaint-based) 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 shall be made. If the violation has not been corrected at the time of the reinspection, a
referral reinspection fee of sixty dollars ($60.00) shall be collected for every subsequent reinspection until the
violation is corrected.
(fl Partial fre cert�cate ofoccupancyfee. A fee ofone hundred thirty-eiglit dollars ($138.00) will be charged for
each partial certificate of occupancy requested. The issuance of a partial fire certificate of occupancy is at the
discretion of the building official and fire marshal 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.
4t t (g) Provisional fire certificate of occupancy. A fee of fifly dollars ($50.00) will be charged for each provisional
412 certificate of occupancy. This is an annual fee until the building is granted a fire certificate of occupancy upon
413 the successful completion of fire certificate of occupancy inspection per this chapter. The value of these fees
4 t4 will be discounted from the cost of the first fire certificate of occupancy fee, up to a value of et�e-handre� fi +
415 dollars F$�BA�A) $5� 0•00).
416
4t 7 (h) No entryfee. The fire marshal shall give notice of al] inspections to the building owner. If any reason exists
4� 8 that the inspection cannot be conducted at the identified time, the building owner, or a responsible agent of the
4I9 owner, shall contact the fire marshal in writing, no later that 8:00 a.m. on the date of the scheduled inspection.
azo If the fire marshal does not receive such notice and is unable to conduct the inspection because the owner fails
42� to cooperate with the inspector, the owner shall be assessed a sixty dollars ($60.00) no-entry fee.
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(i) Discounted fee. Whenever a fire certificate of occupancy renewal inspection finds no violations of any safety
code, the renewal fees set forth in subsections (b) and (c) of this pazagaph shall be discounted iwenty-five (25)
percent.
(j) Late fees. A late fee shall be chazged and coilected whenever the owner or responsible agent for the owner
makes application for renewal of the fire certificate of occupancy after the expiration date of such certificate.
Separate late fees shall also be chazged and collected whenever the owner or responsible agent for the owner
pays late any other fees due and payable under this section. AIl late fees shall be ten (10) percent of the
certificate renewal fee. A late fee shall accrue for each thirty-day period or portion thereof which has elapsed
afrer 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 fiHy (50) percent of the certificate renewal fee. The late fee(s) shall be in
addition to any other fee or payment required.
(k) Exceptions: The fees for the fire certificate of occupancy and inspection are provided in chapter 33 of this code
shall be required on buildings owned and occupied by any governmental agency, including counTy and state
Title VI New Chapter. Fire Certificate of Occupancy Progrem
Page 10 of 12
a38 governmental agencies. The City of Saint Paut, and any other agencies specifically exempted from sucl'i �s "Z �
439 under state law, shall be exempt from payment of such fees.
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Section 11. Collection of Unpaid Fees.
It is the intent of the city council, by the adoption of this section, to impose and collect the costs associated with the
inspections and reinspections conducted by the city, under this chapter, to maintain the health and safety of the users of
Saint Paul's built environment. If the charges for these services aze not paid by the owner of the property in a timely
fashion, the city shall collect such costs by assessment against the real property receiving these inspection and
reinspection services, pursuant to Minnesota Statutes, Secrion 424.101, which authorizes the council to provide for
reinspection fees to be collected by special assessment and allows cities to collect the costs associated with removal or
elimination of public health or safety hazards and chapter 14 of the Saint Paul CiTy Charter.
(a) Written notice.
I) Written notice of violations. When the fire mazshal conducts an initial inspection of a building and
determines that violations of safety codes under the jurisdiction of the fire marshal exist, the fire
marshal shall, in addition to any other action the fire marshal may undertake, serve written notice of the
violation in conformance with the requirements set forth in this chapter.
2) Notice for collection of inspection and reinspection shall include the following information:
a) Fee for the fire certificate of occupancy inspection and associated reinspections are the
responsibiliry of the building owner and shall be paid within the time peiiod(s) identified in the
notice; and
b) The fire marshal may require an inspection following a complaint or refenaL If the fire
marshal finds a violation of safety codes during a refetta] or complaint-related inspection, the
Sre marshal will issue correction orders. IFthe violation is not conected by the compliance
date provided in the notice of violation, the building owner(s) shall be assessed fees for any
necessary reinspections,
a�2 (b) Fee and liability. The city shall be entiUed to collect its costs of fire certificate of occupancy inspections and
4�3 reinspection. The fees associated with the fire certificate of occupancy program shall be a debt owed to the city
4�a and shall be collected by special assessment under the authority in Minnesota Statutes, Section 429.101 and the
a75 charter. Action nnder this section does not preclude any other civil or criminal enforcement procedure.
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(c) Cost, collection.
1) Cost records. T`he fire marshal shall keep a record of the costs for fire certificate of occupancy services,
the name and address of the owner, the dates of the inspections, the observed violations of safety codes
and the total amount of the costs these to be coilected against a particular property, and shall report such
information to the director of financial services.
2) Resolution approving total, setting date of pubiic hearing. On or before October 1 of each year, the
director of fmancial services or his or her designee shall notify the city council of the total cost of such
fire certificate of occupancy inspection and reinspection services performed during the previous year
and the portion of such costs to be assessed against each lot and pazcel of property that utilized these
services. Upon receipt thereof, the council shall by resolution fix a date for public heazing at which time
the council shall consider adopring and levying the service charges. The date of public heazing shall be
at least riventy (20) days after adoption of said resolution.
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Title VI New Chapter: Fire Certificate of Occupancy Program
Page 11 of 1� Z �
3) Notice of council hearing. Following the adoption of the resolution provided in paragraph (b) ab � m
the duector of financial services shall publish a notice of the heazing in a daily newspaper of the city at
least five (5) days prior to the public hearing. The notice shall state the date, time and place of hearing,
the purpose of the heuing, identify the services provided and the property to be assessed a service
charge therefor, and shall state the proposed rates of service chazges to be considered by the council.
4) Notice to owner and interested parties. At least ten (10) days before the hearing, notice thereof shall be
mailed by first class mail to the owner and any interested party known to the city, at his or her last
known address. Such notice shall also inform the recipient of the notice:
a)
b)
Of the procedures he or she must follow under the charter in order to appeal the assessments to
the district court, and
Of the provisions of Minnesota Statutes, Sections 435.193 to 435.195 and the existence of any
deferment procedure established pursuant thereto.
c) Public hearing; adoption of assessment roll. On the date of public heazing the council shall
meet to consider the adoption of the proposed service chazges. The council shall hear all
interested parties concerning the proposed chazges. At such meeting or at any adjoumment
thereof, the council may amend the proposed service charges, and shall, by resolution, adopt
the service charges as a special assessment against the properties which utilized excessive
inspection services. Special assessments levied hereunder shall be payable in a single
installment.
s t 6 d) Certification to county for collection with tases. After adoption by resolution of the service
s t 7 charges and assessment rates therefor, and no later than November 15, the city cierk shall
5 t s transmit a certified copy of said resolution to the counry deparhnent of property taxation to be
5t9 extended on the proper tax list ofthe county and collected the following year along with cunent
520 taxes.
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e) Appeal. Within twenty (20) days after adoption of the resolution adopting the service charges,
any person aggrieved may appeal to the district court in the manner set forth in chapter 14 of
the city charter.
Section 12. Illegal occupancy.
527
5z8 No person shall occupy any buitding which does not have a fire certificate of occupancy. Any unit or structure which is
5z9 so occupied shall be subject to the provisions of section 34.23(2) ofthe legislative code relating to illegal occupancy.
53o Such illegal occupancy also constitutes a hazard to the health, safety or welfare of the occupants and the public, and
531 may be condemned by the appropriate enforcement officer under section 34.23 of the legislative code.
532
533 Section 13. Penalty.
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535 A violation of, or failure to comply with, any section, provision or requirement in this chapter shall be a misdemeanor
535 and shall be subject to sections 1.05 and 1.06 of the legislative code, and to applicable state statutes. This chapter is a
53� part of the city health, safety, housing, building, fire prevention and housing maintenance codes, and a violation shall be
538 deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations.
539
5ao Section 14. Appeal to legislarive hearing officer.
54t
5az Orders of the fire mazshal aze subject to section 18.02 of the Legislative Code. Orders of the fire mazshal pertaining to
5a3 revocation, suspension or denial of application aze also governed by section 7 of this chapter.
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Section 15. Applicability of other laws.
Title VI New Chapter. Fire Cert�cate of Occupancy Program
Page '12 of 12
f5(.a. llL�
Nothing in this chapter is intended to waive, replace or amend the applicability or enforcement of any other law,
ordinance or regulation appiicable to commercial buildings and residential dwellings, including but not limited to,
zoning, nuisance abatement, or ]icensing ordinances.
Section 2
This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
Yeas Nays Absent Approved by Mayor: Date:
Ben
Bostrom
H ar ri s
Helgen
Lantry
Montgo
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
�
�
Requested by Department of:
�
by
by Mayor for Submission to Council
�
06-1129
»> "Warns, Benita B- Eagan, MN" <benita.b.warnsC�usps.qov> 1/17/2007 9:32 AM
»>
Please enter this message into the official record of the January 17, 2007 Public Hearing
for Agenda Items 16-20. These are Resolution U6-1120, and File 06-1129, U6-113U, 06-
1131, and 06-1132. Ail of these items concern proposed changes to the rental
registration process for the City of St. Paul, including establishing inspection of all single-
family and duplex rental units and instituting a points system to classify these properties.
The overall objective of this proposal is to reduce the number of code violations for rental
dwellings in St. Paul, which will improve the quality of life for residents who rent these
units. While I support this overall objective, I have some major concerns with the
changes as proposed.
My first concern is that the number of points that place properties in Class C is too low. I
believe a more appropriate cutoff is 20 points, provided that none of the individual
violations are scored 7 points or higher. With the current cutoff of 11, it is far too easy
for a few lower-point value violations to add up to 11, which would place the property in
Class C. Class C status will stigmatize a property that doesn't have any major safety or
health issues by treating it in the same manner as a property that has numerous major
problems. Class C status may discourage good tenants from considering a unit that
they otherwise would find suitable for their needs. I agree that the bar for Class A status
should be set high, but the Class B bar needs to be lowered.
My second concern is the process for conducting the inspections. Most landlords who
only manage a couple of units also have full-time jobs. Wil4 inspectors be available
during evening or weekend hours so that working people will not have to incur the
unreasonable expense of having to miss work, or use precious vacation time to meet
this new requirement? If the inspection process becomes too onerous to small-scale
landlords, most of whom live either in St. Pau1 or nearby communities, many will
consider selling out because the hassle factor is too high. St. Paul needs to encourage
loca{ ownership of rentai properties, this wiil discourage it.
My third concern is with the price for the inspections. I manage one unit on a break-
even basis. I will need to raise the rent in order to cover this new cost, as well as the
added costs of going through the very extensive list of requirements and spending a lot
of money all at once to fix stuff that doesn't put my tenant in any danger. If I don't fix
everything right now, then I will face expensive annual inspections if my property gets
placed in Class C. My tenant is low-income. I don't want to force this person to have to
move because my unit is no longer affordable.
This brings me to my next point, and that is affordability. This will have an impact on the
number of affordable housing units available in St. Paul. Landlords cannot continue to
absorb expenses and keep rents affordable.
OC�-ila-9
There is no mention in the ordinance as to the timetable for implementation, or how
selections will be made of who gets hit first. Will it be by lottery, or by the number of
complaints that have been filed? What about inspections in winter months, when
weather-related deficiencies cannot be corrected (such as painting exterior surfaces,
roofing, etc.)? Guidelines must be developed that wiil treat landiords fairly under these
circumstances.
1 recommend that the inspections for one and two-family dweilings not begin until
January 2008. Between now and then, the City needs to publicize the change, put out
the requirements list in plain language so any ordinary person can c4eariy understand
each and every item, and the City needs to provide technical assistance to landlords
who request it so they can be sure that their properties will pass the inspection.
One final note: is there evidence that the overall condition of single-fami�y and dupiex
rental units is substantially different from the condition of similar owner-occupied
properties? If we are going to enforce building codes to such a high level of detail, then
we should treat all properties the same, not single out owners of rentai properties.
Property taxes are already substantially higher for residential rental units than for similar
owner-occupied dwelling units. We all know of owner-occupied houses that are in
terrible condition. Whatever is finally adopted, it needs to treat everyone fairly. This
plan, as proposed, does not.
Benita Warns
1440 Lafond Ave.
St. Paul, MN 55104-2438