09-122Council File # 09-122
Green Sheet # 3066121
012DINANCE
OF
Presented by
�
PAUL, MINNESOTA
An Ordinance Amending Chapter 40 of the Saint Paul Legislative
Code To Clarify Certain Requirements.
4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN:
Section 1
8 Section 40.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
���LlS��p
'� � 9
!I!
5ec. 40.01. Fire certificate of occupancy requirement.
(a) All existing buildings in the city are required to have and maintain a fire certificate of occupancy,
issued by the fire mazshal. The certificate shall be an indication that the building meets, at the time
of inspection, all relevant codes to maintain the health, safety and welfare of the building's
occupants and the general publia lt shall be a misdemeanor to rent or lease, or permit the
occupancy of, a building or structure or portion thereof which does not have a fire certificate of
occupancy.
�bl Provisional Certificate of Occupancv. If an owner-occugied dwellin� changes t� a rental dwelling
unit, the owner of the dwellin must applv and nav the fee for a provisional certificate of
occupancv within thirty�30) davs of the chanae in use Failure to a�ply far a provisional certificate
of occupancv is a misdemeanor.
Section 2
24 SecriQn 40.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
25
26 Sec. 40.02. Exception of owner-occupied buildings.
27 Owner-occupied single-family houses, a� owner-occupied duplexes, and owner-occupied condominium
28 units shall be exempted from the requirement to have and maintaan a fire certificate of occupancy.
29
30 Section 3
31
32 Section 40.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
33
34
35
36
37
38
39
40
41
Sec.40.03. Definitions.
Unless otherwise expressly stated, the following terms sha11, for the purpose of this chapter, have the
meanings indicated in this section.
Authorized agent. An individual(s) with legal authority and capable of executing documents far the sale of
the building(s) and authority over the proceeds of such sale.
Building. Any structure intended for supporting or sheltering any use or occupancy, including the land
surrounding the structure. If the building is a multi-unit residential dwelling, a hotel or motel, or a
commercial or office building, the term "building" for purposes of this ordinance means only the portion of
09-122
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
the building within or outside the structure in which a nuisance is maintained ar permitted; such as a
dwelling unit, room, suite of rooms, office, common azea, storage area, garage, or parking area.
Certificate of occupancy. A document issued by the city building official under the authority of both state
and city building codes indicating a newly constructed or substantially rehabilitated struchue is, at the time
of inspection, code compliant, habitable and othenvise meets all requirements for its intended use.
Commercial buiZding. Any nonresidential structure, the surrounding land and accessory use structures.
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.
Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally
cazed for children together with not more than two (2) persons not so related, living together in the whole
or part of a dwelling comprising a single housekeeping unit.
Fire certifzcate of occupancy. A document or emblem issued by the city fire marshal indicating the
existing structure complies with all state and local safety codes allowing its use as a commercial building
or for residential occupancy.
Fire marshal. The city fire marshal and his or her designee or designees, and shall include any
enfarcement officex under his or her supervision or direction, or other duly authorized representative. The
fire certificate of occupancy program shall be issued under the authority of the fire marshal.
Interested party. For purposes of section 40.06 of this chapter "interested party" means any known lessee
or tenant of a building or affected portion of a building; or any known agent of an owner, lessee, or tenant;
or any other known person who maintains or permits a nuisance.
N uisance activity. �r..,,, im ,, e we�.....;,..-..i : ,.;a ...+,. ...:«�,;.. „ ,.a ,.c... �. i� �� .�.
u�s��°�n Acts constitutin� a nuisance under Minnesota Statute 617.81, subdivision 2, or two (2) or
moxe violations within a period of twelve (12) months of 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, ;� For our�oses of notice onlv, "owner" includes the owner's authorized
agent or other person in control of the uremises.
Owner_occupded_ ��F -� `� ��° °ra '-°T� ,.��' �Residential dwellings which are the nrincipal residence of
the o�vner of the buildine and in which the owner resides.
Partial fire certi�cate of occupancy. A document issued by the city fire marshal indicating that a portion
of an existing structure complies with all state and Jocal safety codes allowing its use as a commercial
building or far residential occupancy. The partial fire certificate of occupancy shall describe specifically
which portion of the building is approved for occupancy.
Properry manager. An individual(s) with the legal authority to make and act on decisions of tenancy,
building maintenance and repairs relating to applicable safety codes.
Provisional fire certifzcate of occupancy. A document or emblem issued by the city fire marshal t��
oF.,..,, ,7 f...,. 'r .-e.,f,.l .7.. il;
..�n�a�a �o�� r��s«„�� to temporarily permit confinued occupancy pending a code
com li� ance inspection of the existing structure. Buildings with a provisional fire certificate of occupancy
will be granted a fire certificate of occupancy upon the successfixl completion of fire certificate of
occupancy inspection per this chapter.
Recorder's office. The recorder's office is the county department of property records and taxation, or its
division which maintains title and property records, and any successor agency or department thereof.
Rental dwelling unit. Any room or rooms, or space, in any dwelling designed or used for residential
occupancy by one (1) or mare persons who are not the owner v $"'°"'�'°"' '�f R.o .....«,..-4. F,..;
Residential occupancy. Occupancy in a building or portion thereof, far residential purposes, used or
intended to be used for living, sleeping, and(or cooking or eating pwposes.
09-122
88 Safeay code or safety codes include any fire, housing, health, safety, zoning or other similar code, law and
89 ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Ramsey and
90 the City of Saint Paul, or any lawful agency or departinent thereof, which are applicable to a building in
91 such city. Safety code includes, without any limitation of the foregoing sentence as a result of this
92 specification, the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code.
93
94 Section 4
95
96 Section 40.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
ll7
118
119
Sec. 40.04. Certification process.
(a) Buildings and occupancies requiring a fire certificate of occupancy.
(1) A building or portion thereof which receive a certificate of occupancy from the city's
building official upon completion of construction or major rehabilitation shall
simultaneously receive a fire certificate of occupancy from the fire marshal if their use ar
occupancy so requires.
(2) Buildings which have a change in use or occupancy and become subject to the fire
certificate of occupancy requirement.
(3) Commercial buildings and residential occupancies which have current fire prevention issued
certificates of occupancy on or after 7anuary 1, 2007 shall be subject to the ongoing
requirement to maintain a fire certificate of occupancy. These buildings shall be issued fire
certificates of occupancy and shall be subject to periodic inspection based on the date of the
building's last complete certificate of occupancy inspection, subject to the terms of this
chapter.
(4) One- and two-unit rental dwellings which are currently registered and certified as rental
properties under the requirements of this code on January 1, 2007 shall receive provisional
fire certificates of occupancy. These propertaes shall be issued fire certificates of occupancy
upon the successful com�letion of a fire certificate of occupancy inspection.
(5) A building which has been registered as a vacant building under chapter 43 of the
Legislative Code that subsequently received a certificate of code compliance under section
33.06 of the Legislative Code shall be issued a fire certificate of occupancy concunently
with the certificate of code compliance, if their use or occupancy so requires.
Information and application. Owners of all buildings subject to the fire certificate occupancy
requirement shall apply for a fire certificate of occupancy. The application shall be provided by the
fire marshal and include, at a minimum, the following information:
(1) A description of the building;
(2) The name, address and twenty-four (24) hour telephone numbers of the owner(s);
(3) The name, address and telephone numbers of the property manager(s);
(4) The name, address and telephone number of the refuse removal person(s) or company(s)
which supplies refuse removal services for the building; and
120 (b)
121
122
123
124
125
126
127
128
129
130
131
132
(5) The fire marshal may require such additional property and property management-related
information as will promote effective enforcement of t}�is chapter.
(� Inspection Prior to obtainin� a Fire Certificate of Occupancv all buildines shall obtain a code
compliance insvection under Chapter 33.06 of this code to determine whether the buildin is in
compliance with all safety codes.
09-122
133 (ed) Issuance. Upon a finding of no violations of the provisions of state and local safety codes, the fire
134 marshal shall issue a fire certificate of occupancy that shall contain the following:
135 (1) The type of occupancy, including number of dwellin�, rooming or guest units;
136 (2) The address of the building;
137 (3) The name and address of the owner(s) and property manager(s);
138 {4) A description of that portion of the building for which the certificate is issued;
139 (5) A statement that the described portion of the building has been inspected for compliance
140 with the requirements of state and local safety codes for the � and division of
141 occupancy and the use for which the proposed occupancy is classified; and
142 (6) The name of the fire marshal.
143 (�e) Smoke detectors required. Where required, no fire certificate of occupancy shall be issued unless
144 each such building has a proper, adequate and operable smoke detector.
145 (e� Posting. The fire certificate of occupancy provided by the fire marshal shall be posted in a
146 conspicuous place on the building and shall not be remove except by the fire marshal.
147 (€� Other violations . Issuance of a fire certificate of occupancy shall not be constnxed as an approval
148 of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates
149 presuming to give authority to violate or cancel the provisions of this code or other ordinances of
150 the jurisdiction shall not be valid.
151
1�2
153
Section 5
154 Section 40.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
155
156 Sec. 40.06. Suspension, revocafion and denial.
157 (a) Grounds for revocation. The fire marshal may, in writing, issue a notice to the owner(s) and the
158 interested parties known to the fire marshal of the city's suspension or revocation of a fire
159 certificate of occupancy issued under the provisions of this code, or deny an application therefor:
160
161 ***
162
163 (�c)
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
Appeals and Stays of Enforcement for Revocations, Suspensions and Denials of Fire Certifzcates of
Occupancy.
(1) Voluntary vacation ofpremises. 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 hearing officer
within ten (10) days from the receipt of tbe notice and shall include pxoof that norice of
eviction was served upon the occupants of the premises.
Stay pending appeal. Enforcement proceedings on the suspension, revocation or denial of
the fire certificate of occupancy, or orders to correct violations, shall be held in abeyance if
the owner shall file an appeal to the legislarive 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-
09-122
179
180
181
182
183 (ed)
184
185
186 (€�
187
188
189
190
191
192
193
194
195
196 (gfl
197
198
199
200
201
202
203
204
205
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 deternunation or in
the event the owner should not prosecute the appeal in a timely fashion.
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 certificate of occupancy is reinstated.
Reinstatement following second suspension or revocation. If a fire certificate of occupancy is
suspended or revoked for a second time within a two-year time period under the same ownership,
the building for which it was issued shall not again be occupied until such time as the following has
occurred:
(1) The fire marshal has determined that the building is in compliance with applicable safety
codes; and
(2) A 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 sha11 be retumed to owner upon completion
of two (2) years with no legislative code violations requiring city abatement.
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
developed by the property owner, 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 6
206 Section 40.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
Sec. 40.07. Inspections.
(a) Scope of inspection. The fire marshal is authorized, in conformity with this chapter, to inspect all
buildings, whether having a fire 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 af violations. The fire marshal shall give written notice to the owner and any known
interested parties of axiy violations of the applicable safety codes which are discovered during any
inspection.
(c) �ldministrative Search Warrant. Access durin� reasonable times shall not be denied bv anv owner,
occupant or other person in charge of the premises. The fire marshal mav obtain a search warrant
where �robable cause exists to believe that the premises are in violation of this chapter. Provided,
however, that no search warrant is needed for entrv where an emergencv condition exists and
sufficient time to obtain a warrant is unavailable.
09-122
225
226
Section 7
227 Section 40.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
228
229 Sec.40.10. Fees.
230 (a) Original issue, new building or substantially rehabilitated buiZdings. There shall be no fee charged
231 for an issuance of the &re certificate of occupancy for new buildings at the completion of their
232 construction or following substantial rehabilitation if the city's building official issues a certificate
233 of occupancy or certificate of code compliance.
234 (b) Renewal fee for residential occupancies. Fourteen dollars ($14.00) per residential unit, minimum
235 fee one hundred twenty-eight ($128.00), maximum fee five hundred seventy-six ($576.00) for
236 buildings with one hundred (100) ar fewer units, and a maYimum fee of seven hundred twenty
23? dollars ($720.00) for buildings with one hundred (100) or more units. The fee charged for
238 inspections of nuisance dwellings as defined in section 42.01(2) of the Legislative Code shall be in
239 an amount as established by the fire marshal to recover the costs of the inspections.
240 (c) Renewal fee for A(Assembly), E(Education), I(Institutional), H(Haaardous), F(Factory), M
241 (Mercantile), S(Storage) and B(Business) occupancies. Twelve dollars ($12.00) per one thousand
242 (1,000) square feet, minimum fee one hundred fifty-six dollars ($156.00), maximum fee five
243 hundred seventy-six dollars ($576.00), for buildings with fewer than one hundred eighteen
244 thousand (ll8,000) square feet of aggregate floor space, and a maximum fee of seven hundred
245 twenty dollars ($720.00) for buildings with one hundred eighteen thousand (118,000) square feet or
246 more of aggregate floor space.
247 (d) Reinspection fee. The renewal fee established in subsections (�) and (3) above allows for one (1)
248 inspection and one (1) reinspection for the renewal of the fire certificate of occupancy. A
249 reinspection fee of fifty (50) percent of the renewal fee shall be levied for each additional
250 reinspection required to demonstrate compliance with applicable safety codes.
251 (e) Referral (or complaint-based) reinspection fee. Whenever a written correction order is issued to
252 the owner ^� -°°���°:'�,° °T°r} �F"�° ^.-m°- for a violation of this code and after a reasonable time
253 for compliance has elapsed, a reinspection shall be made. If the violation has not been corrected at
254 the time of the reinspection, a referral reinspection fee of sixty dollars ($60.00) shall be collected
255 for every subsequent reinspection until the violation is corrected.
256 (� Partial fire certificate of occupancy fee. A fee of one hundred thirty-eight dollars ($138.00) will be
257 charged for each partial certificate of occupancy requested. The issuance of a partial fire certificate
258 of occupancy is at the discretion of the building official and fire marshal and the portion of the
259 building covered by the certificate must be legally completed and ready to occupy along with a11
260 other life and safety requirements.
261 (g) Provisional ftre certificate of occupancy. A fee of fifty dollars ($50.00) will be charged for each
262 provisional certificate of occupancy. This is an annual fee until the building is granted a fire
263 certificate of occupancy upon the successful completion of fire certificate of occupancy inspection
264 per this chapter.
265 04'.......,...,....., f e,... 4.. ., .�1,.�, ..FF.(3...1,.17...-���,��n
266 (h) No entry fee. The fire marshal shall give notice of all inspections to the building owner. If any
267 reason exists that the inspection cannot be conducted at the identified time, the building owner, s�a
26g , �°:�-,° °^°�' �°'w° �.��,°- shall contact the fire marshal in writing, no later that 8:00 a.m. on
269 the date of the scheduled inspection. If the fire marshal does not receive such notice and is unable
09-122
270 to conduct the inspection because the owner fails to cooperate with the inspector, the owner shall be
271 assessed a sixty dollazs ($60.00) no-enhy fee.
272 ' .
273 ,
274 u;�,.,......va r.. e.,«. �..,, r7c�,,,..-,.e...
275 (}� Late fees. A late fee shall be charged and collected whenever the owner o^: �°:'�' °°�°�' F-
276 «� makes application for renewal of the fire certificate of occupancy after the expiration
277 date of such certificate. Separate late fees shall also be charged and collected whenever the owner
278 ,,. � r�;��� �^��*''�-*�� � pays late any other fees due and payable under this section. All
279 late fees shall be ten (10) percent of the certificate renewal fee. A late fee sha11 accrue for each
280 thirty-day period or portion thereof which has elapsed after the expiration date of the certificate or
281 the date of inspection on which the underlying fee is based. In no event shall any one (1) late fee
282 exceed fifty (50) percent of the certificate renewal fee. The late fee(s) shall be in addition to any
283 other fee or payment required.
284 (�i) Exceptions: The fees for the fire certificate of occupancy and inspection are provided in chapter 33
285 of this code shall be required on buildings owned and occupied by any governmental agency,
286 including county and state governmental agencies. The City of Saint Paul, and any other agencies
287 specifically exempted from such fees under state law, shall be exempt from payment of such fees.
288
289
290
Section 8
291 This Ordinance shall take effect and be in force thirty (30) days following passage, approval and
292 publication.
293
� �•, I
!(;
Requested by Deparhnent of:
By: /�'�/// _%'�`�"
Appzoved by the Office of Financial Seivices
By:
Adoption Certified by Co il Secretary
By: �
Approv by a D 3 �
BY�
Approved by City Attomey
Bv �(ti 1% �-IS-O
Approved by ayor or Su �ssi ounc�
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� /�a
I � S{ -Dept.
� Contact Person 8 Phone:
Bob Kessler
266-9013
�; Must Be on Council P,qenda by (Date):
Doc. Type: ORDINANCE
,6-��-09 � Green Sheet NO: 3066121
�
i ,455�g� '
Number
For
�� Routing I
1 Order �,
0
i
2
3
4
5
; E-Document Required: Y
� Document Contact: Robert Humphrey
I Contact Phone: 266-9123
7ota1 # of Sig P ages _(Clip All Locatio for Sign ature)
Action Requested:
Approval of an Ordinance amending Chapter 40 of the Saint Paul Legislative Code to clarify certain requirements.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB CommiKee
Civil Service Commission
Personai Service Contracts Must Answer the Following Questions:
1. Has fhis person/firm ever worked under a contract for this department?
Yes No
2. Has this person�rtn ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
After rivo years of experience administering the one and two unit rental structure certificate of occupancy pro�am, DSI is proposing
some housekeeping changes which will lead to greater efficiencies in the administrarion of this program.
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial I nformation:
(F�cplain)
CostlRevenue Budgeted:
Activity Number:
January 16, 2009 10:47 AM Page 1