10-625WITHDRAWN 7/07I2010
Council File # 10-625
Green Sheet # 3113156
ORDINANCE
CITY OF. SAINT-PAU,L, MINNESOTA �D
1 �Sn Ordinance Amending Chapter 40 Of The Saint Paul Legislative Code To
2 Exempt Owner Occupied Equivalent Single Family Dwellings
3 � From the Fire Certificate of Occupancy Program.
5 THEI�OUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
7 Section 1
8 Section 40.02 of the Saint Pau egislative Code is hereby amended to read as follows:
by
lo Sec. 40.02. Exception of o�
11 A. Owner-occupied
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15
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18
C
condominium units shall be
certificate of occupancy.
� buildings and owner-occuuied equivalent buildines.
houses, owner-occupied duplexes, and o�vner-occupied
�mpted from the requirement to have and maintain a fire
19 Sec.40.03. Definitions. �
z0 Unless otherwise expressly stated, the following terms s for the purpose of this chapter, have the
21 meanings indicated in this section.
22 Authorized agent. An individual(s) with legal authority and pable of executing documents for the sale of
23 the building(s) and authority over the proceeds of such sale.
24 Building. Any structure intended for supporting or sheltering an use or occupancy, including the land
25 surrounding the structure. If the building is a multi-unit residentiaT wetling, a hotel or motel, or a
26 commercial or office building, the term "building" for purposes of tkt ordinance means only the portion of
2� the building within or outside the structure in which a nuisance is main ined or permitted; such as a
28 dwelling unit, room, suite of rooms, office, common area, storage area, g age, or parking area.
29 Certificate of occupancy. A document issued by the city building officiaP der the authority of both state
3o and city building codes indicating a newly constructed or substantially rehabi 'tated structure is, at the time
31 of inspection, code compliant, habitable and otherwise meets all requirements,, its intended use.
32 Commercial building. Any nonresidential structure, the surrounding land and acc so�
33 Dwelling. A building that contains one-, two- or multiple dwelling units, intended o c
3n rented, leased, let or hired out to be occupied for living purposes.
35 Family. One (1) or two (2) persons or parents, with their direct lineal descendants and
36 cared for children together with not more than two (2) persons not so related, living to;
�7 or part of a dwelling comprising a single housekeeping unit.
3R Fire certificate ofoccupancy. A document or emblem issued by the city fire mazshal i
39 existing structure complies with all state and local safety codes allowing its use as a ce
40 or for residential occupancy.
use structures.
;igned to be used,
:d or legally
in the whole
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10-625
41 Fire marshal. The city fire marshal and his or her designee or designees, and shall include any
42 ei�forcement officer under his or her supervision or direction, or other duly authorized representative. The
43 fire�rtificate of occupancy program shall be issued under the authority of the fire marshal.
44 Interes`[ed parry. For purposes of section 40.06 of this chapter "interested party" means any known lessee
a5 or tenanf�f a building or affected portion of a building; or any known agent of an owner, lessee, or tenant;
46 or any othen,lrnown person who maintains or permits a nuisance.
47 Nuisance actzl�i�ty. Acts constituting a nuisance under Minnesota Statute 617.81, subdivision 2, or two (2)
48 or more violatio�s within a period of twelve (12) months of nuisance provisions of the Saint Paul
49 Legislative Code.
5o Owner. The person; �fiam, corporation or other entity listed in the records on file in the recorder's office as
51 holding fee title to the l�xilding. For purposes of notice only, "owner" includes the owner's authorized agent
52 or other person in controP�i�the premises.
53 Owner-occupied. Residentia`1 dwellings which are the principal residence of the owner of the building and
54 in which the owner resides. '`
55 Owner-occupied eauivalent. A sin�le family residential dwelline which is the equivalent of an owner
56 occupied bulldmg. ln evaluahnQ �hether a smgle Yamily residential dwellinQ is owner-occupied
5� equivalent, the Deparhnent of Safetv'and Inspections shall consider the following;
58 1. Whether the resident of'the dwelling is a former owner of the dwelline.
59 2. Whether the dwellin ig s being used for student housing ^
60 3. Whether there are renters or tenants in the dwelline.
61 4. Whether the resident is dependent upon the owner for financial support and/or is payin¢ rent
62 to the owner.
63 5.
64 A determ
65 officer us
66 Partial fire cenifzcate of occupaney. A document issued`'l�y the city fire marshal indicating that a portion
67 of an existing structure complies with all state and local saf�ty codes allowing its use as a commercial
68 building or for residential occupancy. The partial fire certifica�e�of occupancy shall describe specifically
69 which portion of the building is approved for occupancy. ����
7o Froperty manager. An individual(s) with the legal authority to m�ak�c�and
�1 building maintenance and repairs relating to applicable safety code
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72 Provisional fire certifzcate of occupancy. A document or emblem iss ed 9
73 temporarily permit continued occupancy pending a code compliance in�E
�a Buildings with a provisional fire certificate of occupancy will be granted�,
75 upon the successful completion of fire certificate of occupancy inspection
76 Recorder's office. The recorder's office is the county department of prope
77 division which maintains title and property records, and any successor agF
act on decisions of tenancy,
y the city fire mazshal to
;tion of the existing siructure.
fire certificate of occupancy
this chapter.
ecords and talcation, or its
or department thereof.
�8 Rental dwelling unit. Any room or rooms, or space, in any dwelling designed o� used for residential
79 occupancy by one (1) or more persons who are not the owner. y
�.
8o Residential occupancy. Occupancy in a building or portion thereof, for residenrial'purpose;
81 intended to be used for living, sleeping, and/or cooking or eating purposes. �\
8z Safety code or safety codes include any fire, housing, health, safety, zoning or other`�imi]
83 and ordinance, promulgated or enacted by the United States, the State of Minnesota, the�o
84 and the City of Saint Paul, or any lawful agency or department thereof, which aze applicab�
85 in such city. Safety code includes, without any limitation of the foregoing sentence as a resL
86 specification, the provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative
used or
r code, law
nty of R�msey
to a building
��of this �
�ade. .
2�
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10-625
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88
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90 This
91 publi
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30) days following its passage, approval and
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Adoption Certified by Council Secretary
By:
Requested by Deparhnent oE ��
!✓��
By: /'Q
'� d
Approved by the Office of Financial
By:
Ap ve by City Att�
By: ��r„� � vt
Approve M or ub � s
By:
Approved by Mayor: Date
By:
Adopted by Council: Date
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sh �
SI SvcNi. v� oawiy a
� Contact Pe on & Phone:
I Bob Ke ler
266-901
I Must Be on Counc Agen
�, Doc. Type: ORDINANCE"�
25MAY2010 I Green Sheet NO: 3113156
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Assign
by (Date): Number
For
Routing
OrUer
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� E-DOCUmert Required: Y �
�� Document Contact: Robert
' Contact Phone: 266-9123
ToWI # of Signature Pages _ (Clip
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for Signature)
euvu ��cYu a�ca. �
j Approva] of an Ordinance amending Chap� 40 of the Sain[ Paul Legislative Code to exempt owner occupied equivalent single
�i family dwellings from the Fire Certificate of cupancy program.
�
�—. —. . — — — — — - - - -
� Recommendations. Approve (A) or Re}ect (R):
j Planning Commission
', CIB Comm�ttee
'� Civil Secvice Commissian
Personal Service ContraMS Must Answer the Following Questions:
�� as this persoNfirm ever worked under a contrad for this department?
� s No
2. Has is person/firtn ever been a city employee?
Yes �
3. Does th�ersoNfirm possess a skill not normally possessed by any
current a . mployee?
Yes No �
Expiain all yes a wers on separate sheet and attach to green sheet.
�; Initiating Problem, issues, OppoKUnity (Who, What, When, Wfiere, Why): �
I This legislation would allow DSI to grant, based on five critera, a sfructure an e
I and grant these properties owner occupied equivalency. DSI's decision would be
I
to the Fire Certificate of Occupancy program i,
ble to the legislative hearing officer. '
Ad�antageslfApproved:
---I
i Disadvantages If Approved:
' Disadvantages if Not Approved:
' Total Amount of
Transaction:
Funtling Source:
Financial informafian:
(F�cplain)
CosfJRevenue Budgeted:
Activity Number.
May 25, 2010 1:01 PM Page 1