95-1481 L L. Council File # 9,3
n. 1 . ' r. Ordinance #
Green Sheet # V 000g
ORDINANCE
C OF SAINT PAUL, MINNESOTA
s
Presented By
Referred To Committee: Date
1 piers
2 An ordinance amending Saint Paul Legislative Code Chapter 33, entitled
3 "Building Code and Inspection" by amending Section 33.02 pertaining to the
4 "Minnesota State Building Code - Adoption" by adding language clarifying the
5 scope of structures requiring a certificate of occupancy and increasing the
6 authority of the fire marshall to revoke certificates of occupancy and by
7 amending Section 33.05 pertaining to "Certificates of Occupancy" by adding
8 language clarifying and increasing the scope of structures which require a
9 certificate of occupancy; deleting language requiring inspections of certificate
10 structures every two years; increasing fees for certificate inspections; adding
11 language authorizing Referral Reinspection Fees, Certificate Reinstatement Fees
12 No Entry Fees and Discounted Fees.
13
14
15 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
16
17 Section 1.
18
19 That Saint Paul Legislative Code Section 33.02 be amended to read as follows:
20
21 Sec. 33.02. Minnesota State Building Code -- Adoption.
22
23 (a) Pursuant to Minnesota Statutes, Sections 16B.59 through 16B.73, the Minnesota
24 State Building Code, as adopted pursuant to laws of Minnesota, is hereby adopted by
25 reference.
26
27 (b) The following appendix is not a mandatory part of the Minnesota State Building
28 Code, but is adopted by reference for the City of Saint Paul and is incorporated into this
29 chapter as if set out in full: Uniform Building Code Appendix Chapter 70.
30
31 (c) Chapter 5230 of the Minnesota Rules, "Steamfitters Rules and Code for Power
32 Piping Systems," as amended, is adopted by reference by the City of Saint Paul and
33 incorporated into this chapter as if set out in full and shall be the minimum standard used by
34 the building official in the inspection of high- pressure piping system materials and
35 construction.
36
37 (d) Section 307 of the Uniform Building Code, a part of the Minnesota State Building
38 Code in Minnesota Rule 1300.1200, is amended for the City of Saint Paul to read as follows:
39
40 Sec. 307.(a) Use or Occupancy. No building or structure of Group A
41 (Assembly), E (Education), I (Institutional), H (Hazardous), B
1 (Business), F (Factory), M (Mercantile), S (Storage), or R -1 (Multi- g j /if f
2 family residential), , shall be used or occupied,
3 and no change in the existing occupancy classification of a building or
4 structure or portion thereof shall be made until the fire marshal has P 5
5 issued a certificate of occupancy therefor as provided herein.
6
7 (b) Change in Use. Changes in the character or use of a building shall
8 not be made except as specified in Section 502 of this code.
9
10 (c) Certificate Issued. After final inspection by the building official
11 when it is found that the building or structure complies with the
12 provisions of this code and other laws which are enforced by the code
13 enforcement agency, the fire marshal shall issue a certificate of
14 occupancy which shall contain the following:
15
16 (1) The certificate of occupancy number.
17
18 (2) The address of the building.
19
20 (3) The name and address of the owner.
21
22 (4) A description of that portion of the building for which the
23 certificate is issued, if not for the entire building.
24
25 (5) A statement that the described portion of the
26 building complies with the requirements of this
27 code for the group and division of occupancy and
28 the use for which the proposed occupancy is
29 classified.
30
31 (6) The name of the fire marshal, or his/her designated agent.
32
33 Temporary Certificate. If the building official finds that no substantial hazard
34 will result from the occupancy of any building or portion thereof before the same is
35 completed, he /she may issue a temporary certificate of occupancy for the use of a
36 portion or portions of a building or structure prior to the completion of the entire
37 building or structure. Such a temporary certificate of occupancy shall remain in force
38 and effect for a period not to exceed twelve (12) months, unless otherwise designated
39 by the building official upon inspection and a determination of need.
40
41 Posting. The certificate of occupancy shall be posted on the premises and shall
42 not be removed except by the fire marshal.
43
44 Revocation. The fire marshal may, in writing, suspend or revoke a certificate of
45 occupancy issued under the provisions of this code whenever the certificate was issued
46 in error, or on the basis of incorrect information supplied, or when it is determined lzy
47 the fire marshall that a use of the building or structure or portion thereof may
48 constitute a nuisance as described in Minn. Stat. § 617.81, subd. (2), or is in violation
49 of any ordinance or regulation or any provision of this the Saint Paul Legislative or
50 Administrative code.
51
2 Section 2. P. 33F 5 15/I/
3
4 That Saint Paul Legislative Code Section 33.05 be amended to read as follows:
5
6 Sec. 33.05. Certificate of occupancy.
7
8 (A) Use or Occupancy: No building or structure in Group A (Assembly), B (Business),
9 B -4M (Mercantile), E (Education), F (Factory) I (Institutional), H (Hazardous), of R -1 (Multi -
10 family residential) or S (Storage' occupancies shall be used or occupied, and no change in the
11 existing occupancy classification of a building or structure or portion thereof shall be made
12 until the fire marshal has issued a certificate of occupancy therefor as provided herein.
13
14 (B) Change in Use: Changes in the character or use of a building shall not be made
15 without the approval of the building official and the fire marshal, and the building may be
16 occupied for purposes in other groups provided the new or proposed use is less hazardous,
17 based on life and fire risk, than the existing use.
18
19 (C) Certificate Issued: After final inspection by the building official, when it is found
20 that the building or structure complies with the provisions of this Code, the fire marshal shall
21 issue a certificate of occupancy.
22
23 (D) Existing Buildings: Every building except one- and two - family dwellings and
24 residential garages heretofore erected shall have a certificate of occupancy issued by the
25 division of fire prevention and posted on the premises. Before such a certificate can be issued,
26 such buildings shall be inspected by the division and found to conform to the requirements of
27 the building code at the time of construction or at the time of conversion to its present use
28 and to the provisions of the Saint Paul Legislative Code; except that energy efficient standards
29 in rental dwellings and multiple dwellings shall be enforced on complaint basis only. No
30 building which is required to have a certificate of occupancy shall continue to be occupied
31 without such certificate.
32
33 (E) Renewal Required: An annual inspection shall be made scheduled by the division
34 of all buildings of Group A (Assembly), E (Education), I (Institutional), H Hazardous), and B
35 (Business), M (Mercantile), S (Storage), F (Factory) occupancies which have a certificate of
36 occupancy, excepting light hazard occupancy which shall be inspeeted scheduled for
37 inspection every two (2) years. Inspections shall be required -of scheduled by the division on a
38 two -year cycle for all buildings of R -1 occupancy which have a certificate of occupancy. If it
39 is found that such buildings do not conform to the applicable requirements, the certificate of
40 occupancy may be revoked and the building shall not be occupied until such time as the
41 building is again brought into compliance with such requirements.
42
43 (F) Fees for Certificate of Occupancy:
44
45 (1) Original issue, new buildings. There shall be no fee charged for
46 an issuance of the certificate of occupancy for new buildings at
47 the completion of their construction covered by a building
48 permit.
49
50 (2) Renewal fee for R - occupancies. Nine dollars ($9.00) per
51 residential unit, minimum fee one hundered
1 ($74100.00), maximum fee $250.00)
2 three hundred seventy dollars ($370.00). r o{ r
3
4 (3) Renewal fee for A (Assembly), E (Educational), I (Institutional),
5 H (Hazardous), F (Factory), M (Mercantile), S (Storage) and B
6 (Business) occupancies. Seven dollars ($7.00) per one thousand
7 (1,000) square feet, minimum fee seventy -five dollars ($75.00),
8 maximum fee ($250.00) three hundred
9 seventy dollars ($370.00).
10
11 (4) Reinspection fee. The renewal fee established in subsections (2)
12 and (3) {4) above allows for one (1) inspection
13 and one (1) reinspection for the renewal of the certificate of
14 occupancy. A reinspection fee of ten (10) fifty (50) percent of
15 the renewal fee shall be levied for each additional reinspection
16 required of nonconforming occupancies.
17 - - -- • . . - - . - - -
..
18 fee
19
20 al Referral Reinspection Fee. Whenever a written correction order
21 is issued to the owner or responsible agent of the owner for a
22 violation of this code and after a reasonable time for compliance
23 has elapsed, a reinspection shall be made. If the violation has
24 not been corrected at the time of the reinspection, a Referral
25 Reinspection Fee of fifty dollars ($50.00) shall be collected for
26 every subsequent reinspection until the violation is corrected.
27
28 (AGM Partial certificate of occupancy fee. Notwithstanding subsection
29 (1) of this paragraph (F), a fee of one hundred dollars ($100.00)
30 will be charged for each partial certificate of occupancy
31 requested. The issuance of a partial certificate of occupancy is at
32 the discretion of the building official and the portion of the
33 building covered by the certificate must be legally completed and
34 ready to occupy along with all other life and safety requirements.
35
36 fl) No Entry Fee. A No Entry Fee of fifty dollars ($50.00) shall be
37 assessed to the Renewal Fee and collected whenever an owner or
38 responsible agent of the owner has been notified in writing of
39 the date and time for a certificate of occupancy renewal
40 inspection, or any other reinspection, and the owner or
41 responsible agent of the owner fails to notify the fire marshal's
42 office in writing, by at least 8:00 a.m. on the date of the
43 scheduled inspection, of an alternate date and time for the
44 inspection or reinspection when the owner or responsible agent
45 of the owner will appear for the inspection.
46
47 al Discounted Fee. Whenever a certificate of occupancy renewal
48 inspection finds no violations of any applicable code, the renewal
49 fees set forth in subsections 2 and 3 of this paragraph shall be
50 discounted twenty -five (25) percent.
51
1 (9,) Late Fees. A late fee shall be charged and collected whenever 95 /if/
2 the owner or responsible agent for the owner makes application
3 for certificate renewal after the expiration date of such certificate ) . r
4 Separate late fees shall also be charged and collected whenever
5 the owner of responsible agent for the owner pays late any other
6 fees due and payable under this section. All late fees shall be
7 ten (10) percent of the certificate renewal fee. A late fee shall
8 accrue for each thirty day period or portion thereof which has
9 elapsed after the expiration date of the certificate or the date of
10 inspection on which the underlying fee is based. In no event
11 shall any one late fee exceed fifty (50) percent of the certificate
12 renewal fee. The late fee(s) shall be in addition to any other fee
13 or payment required.
14
15 (G) Exceptions: The fees for the certificate of occupancy and inspection are provided
16 in section 33.04(H)(4)(c) and paragraph (F) of this section shall be required on buildings
17 owned and occupied by any governmental agency, including county and state governmental
18 agencies. The City of Saint Paul, and any other agencies specifically exempted from such fees
19 under state law, shall be exempt from payment of such fees.
20
21 Section 3.
22
23 That these deletions shall become effective thirty (30) days after passage, approval and
24 publication.
25
26
27
m►o► imurn
JAN 27 1996
Yeas Nays Absent Requested by Department of:
Blakey ✓
Harris t
" I ;! 2L . rn ✓
ueran 1......,- Meg
Rettman
Thune 4.,
✓ BY L" 0 a_
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Adopted by Council: Date ,.n \U ' \9C\ Form Approved by City Attorney
Adoption Certified by C o uncil Secretary / /� / �� -
P Y Y By : �i�i C.✓G -✓G 1-2-2 l� 5S
v. 3 11 By: . - - - -- - - U. Ad.-A. j Approved by Mayor for Submission to
Approved b�ayo�. Dat ( / r % Council
By: a& (iitt d / By:
DEPARTMENT/OFFICE/COUNCIL DATE INmATED N° 3 0 0 0
Fire &- Safety Services
GREEN SH _ r
CONTACT PERSON & PHONE MImAL DATE I--
03 DEPARTMENT DIRECTOR r ® CRY COUNCIL
Steve Zaccard 228 -6201 [JCRYATTCRNEY �CmCLER •
MUST BE ON COUNCIL AGENDA SY (DATE) ijouvki [J BUDGET DIRECTOR El FIN. & MGT. SERVICES DIR. j
' 4.-. r ORDER Q MAYOR (OR ASSISTANT)
{
TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Pass an ordinance providing for increasing existing Certificate of Occupancy
reinspection fee, adding new inspections'fees and providing a discounted fee
for immediate code compliance.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MST ANSWER THE FOLLOWING QUESTIONS:
PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this personRlmi ever worked under a contract for this department?
_ CIS CORTEE YES NO
MM
2. Has this person/firm ever been a city employee?
_ STAFF YES NO
DISTRICT COURT 3. DOee this personRiml possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separate Sheet and attach to green sheet
•
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Some property owners require more city inspection services for renewal of tee
Certificate of Occupancy, while others don't. Higher. users should pay a
higher fee for that use, while property owners who maintain their property,
requiring less city inspection services, should pay less. Reinspection fees
will result in some quicker code compliance.
ADVANTAGES IF APPROVED:
Faster code compliance. More costs borne by property owners using more
inspection service.
•
DISADVANTAGES IF APPROVED:
None 1411"6
{
DEC 3 1995
}
DISADVANTAGES IF NOT APPROVED:
Property owners who maintain their property and use less inspection
services will continue to pay as much as those who don't.
TOTAL AMOUNT OF TRANSACTION $ 0 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE None re ACTIVITY NUMBER 05110
FINANCIAL INFORMATION: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE:GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Budget Director
3. City Attorney 3. City Attorney
4. Mayor (for contracts over $15,000) 4. Mayor /Assistant
5. Human Rights (for contracts over $50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the #of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order of importance, whichever Is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the Issue M question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s) your project/request supports by listing
the BUDGET, SEPARATIION). (SEE O COMP COMPLETE UST IN INSTRUCTIONAL AL MANMANUAL)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the cityt liability for workers compensation claims, taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this Is simply an annual budget procedure required by law /
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projed/request produce it It is passed (e.g., traffic delays, noise,
tax increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service? Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are in general you must answer two questions: How much is 11
going to cost? Who is going to pay?