1.1                          A bill for an act 
  1.2             relating to the State Building Code; defining certain 
  1.3             terms; providing for designation of certain building 
  1.4             officials; changing certain requirements and 
  1.5             procedures; extending the existence of an advisory 
  1.6             council; amending Minnesota Statutes 2000, sections 
  1.7             16B.60, subdivision 3, and by adding subdivisions; 
  1.8             16B.61, subdivision 1; 16B.65; and 16B.76, subdivision 
  1.9             1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 16B.60, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [MUNICIPALITY.] "Municipality" means a city, 
  1.14  county, or town meeting the requirements of section 368.01, 
  1.15  subdivision 1, the University of Minnesota, or the state for 
  1.16  public buildings and state licensed facilities.  
  1.17     Sec. 2.  Minnesota Statutes 2000, section 16B.60, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 12.  [DESIGNATE.] "Designate" means the formal 
  1.20  designation by a municipality's administrative authority of a 
  1.21  certified building official accepting responsibility for code 
  1.22  administration. 
  1.23     Sec. 3.  Minnesota Statutes 2000, section 16B.60, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 13.  [ADMINISTRATIVE AUTHORITY.] "Administrative 
  1.26  authority" means a municipality's governing body or their 
  1.27  assigned administrative authority. 
  2.1      Sec. 4.  Minnesota Statutes 2000, section 16B.61, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
  2.4   16B.59 to 16B.75, the commissioner shall by rule establish a 
  2.5   code of standards for the construction, reconstruction, 
  2.6   alteration, and repair of buildings, governing matters of 
  2.7   structural materials, design and construction, fire protection, 
  2.8   health, sanitation, and safety, including design and 
  2.9   construction standards regarding heat loss control, 
  2.10  illumination, and climate control.  The code must also include 
  2.11  duties and responsibilities for code administration, including 
  2.12  procedures for administrative action, penalties, and suspension 
  2.13  and revocation of certification.  The code must conform insofar 
  2.14  as practicable to model building codes generally accepted and in 
  2.15  use throughout the United States, including a code for building 
  2.16  conservation.  In the preparation of the code, consideration 
  2.17  must be given to the existing statewide specialty codes 
  2.18  presently in use in the state.  Model codes with necessary 
  2.19  modifications and statewide specialty codes may be adopted by 
  2.20  reference.  The code must be based on the application of 
  2.21  scientific principles, approved tests, and professional 
  2.22  judgment.  To the extent possible, the code must be adopted in 
  2.23  terms of desired results instead of the means of achieving those 
  2.24  results, avoiding wherever possible the incorporation of 
  2.25  specifications of particular methods or materials.  To that end 
  2.26  the code must encourage the use of new methods and new 
  2.27  materials.  Except as otherwise provided in sections 16B.59 to 
  2.28  16B.75, the commissioner shall administer and enforce the 
  2.29  provisions of those sections.  
  2.30     Sec. 5.  Minnesota Statutes 2000, section 16B.65, is 
  2.31  amended to read: 
  2.32     16B.65 [BUILDING OFFICIALS.] 
  2.33     Subdivision 1.  [APPOINTMENTS DESIGNATION.] The governing 
  2.34  body of By July 1, 2001, each municipality shall, unless other 
  2.35  means are already provided, appoint designate a building 
  2.36  official to administer the code.  A municipality may designate 
  3.1   no more than one building official responsible for code 
  3.2   administration defined by each certification category 
  3.3   established in rule.  Two or more municipalities may combine in 
  3.4   the appointment designation of a single building official for 
  3.5   the purpose of administering the provisions of the code within 
  3.6   their communities.  In those municipalities for which no 
  3.7   building officials have been appointed designated, the state 
  3.8   building official, with the approval of the commissioner, may 
  3.9   appoint building officials to serve until the municipalities 
  3.10  have made an appointment.  If unable to make an appointment, the 
  3.11  state building official may use whichever state employees or 
  3.12  state agencies are necessary to perform the duties of the 
  3.13  building official until the municipality makes a temporary or 
  3.14  permanent designation.  All costs incurred by virtue of an 
  3.15  appointment by the state building official or these services 
  3.16  rendered by state employees must be borne by the involved 
  3.17  municipality. and receipts arising from the appointment these 
  3.18  services must be paid into the state treasury and credited to 
  3.19  the special revenue fund.  
  3.20     Subd. 2.  [QUALIFICATIONS.] A building official, to be 
  3.21  eligible for appointment designation, must be certified and have 
  3.22  the experience in design, construction, and supervision which 
  3.23  the commissioner deems necessary and must be generally informed 
  3.24  on the quality and strength of building materials, accepted 
  3.25  building construction requirements, and the nature of equipment 
  3.26  and needs conducive to the safety, comfort, and convenience of 
  3.27  building occupants.  Each building official must be certified 
  3.28  under this section, except that the qualifications outlined in 
  3.29  this section are not mandatory regarding any building official 
  3.30  in any municipality engaged in the administration of a building 
  3.31  code on May 27, 1971, and continuing that function through July 
  3.32  1, 1972 No person may be designated as a building official for a 
  3.33  municipality unless the commissioner determines that the 
  3.34  official is qualified as provided in subdivision 3.  
  3.35     Subd. 3.  [CERTIFICATION.] The commissioner shall:  
  3.36     (1) prepare and conduct written and practical examinations 
  4.1   to determine if a person is qualified pursuant to subdivision 2 
  4.2   to be a building official; 
  4.3      (2) accept documentation of successful completion of 
  4.4   testing programs developed by nationally recognized testing 
  4.5   agencies, as proof of qualification pursuant to subdivision 2; 
  4.6   or 
  4.7      (3) determine qualifications by both clauses (1) and (2).  
  4.8      Upon a determination of qualification under clause (1), 
  4.9   (2), or both of them, the commissioner shall issue a certificate 
  4.10  to the building official stating that the official is 
  4.11  certified.  Each person applying for examination and 
  4.12  certification pursuant to this section shall pay a nonrefundable 
  4.13  fee of $70.  The commissioner or a designee may establish 
  4.14  classes categories of certification that will recognize the 
  4.15  varying complexities of code enforcement in the municipalities 
  4.16  within the state.  Except as provided by subdivision 2, no 
  4.17  person may act as a building official for a municipality unless 
  4.18  the commissioner determines that the official is qualified.  The 
  4.19  commissioner shall provide educational programs designed to 
  4.20  train and assist building officials in carrying out their 
  4.21  responsibilities. 
  4.22     The department of employee relations may, at the request of 
  4.23  the commissioner, provide statewide testing services. 
  4.24     Subd. 4.  [DUTIES.] Building officials shall, in the 
  4.25  municipality for which they are appointed designated, attend to 
  4.26  be responsible for all aspects of code administration for which 
  4.27  they are certified, including the issuance of all building 
  4.28  permits and the inspection of all manufactured home 
  4.29  installations.  The commissioner may direct a municipality with 
  4.30  a building official to perform services for another 
  4.31  municipality, and in that event the municipality being served 
  4.32  shall pay the municipality rendering the services the reasonable 
  4.33  costs of the services.  The costs may be subject to approval by 
  4.34  the commissioner.  
  4.35     Subd. 5.  [REMOVAL FROM OFFICE OVERSIGHT COMMITTEE.] Except 
  4.36  as otherwise provided for by law the commissioner may, upon 
  5.1   notice and hearing, direct the dismissal of a building official 
  5.2   when it appears to the commissioner by competent evidence that 
  5.3   the building official has consistently failed to act in the 
  5.4   public interest in the performance of duties.  Notice must be 
  5.5   provided and the hearing conducted in accordance with the 
  5.6   provisions of chapter 14 governing contested case proceedings.  
  5.7   Nothing in this subdivision limits or otherwise affects the 
  5.8   authority of a municipality to dismiss or suspend a building 
  5.9   official at its discretion, except as otherwise provided for by 
  5.10  law.  (a) The commissioner shall establish a code administration 
  5.11  oversight committee to evaluate, mediate, and recommend to the 
  5.12  commissioner any administrative action, penalty, suspension, or 
  5.13  revocation with respect to complaints filed with or information 
  5.14  received by the commissioner alleging or indicating the 
  5.15  unauthorized performance of official duties or unauthorized use 
  5.16  of the title certified building official, or a violation of 
  5.17  statute, rule, or order that the commissioner has issued or is 
  5.18  empowered to enforce.  The committee consists of five certified 
  5.19  building officials, at least two of whom must be from 
  5.20  nonmetropolitan counties.  Committee members must be compensated 
  5.21  according to section 15.059, subdivision 3.  The commissioner's 
  5.22  designee shall act as an ex-officio member of the oversight 
  5.23  committee.  
  5.24     (b) If the commissioner has a reasonable basis to believe 
  5.25  that a person has engaged in an act or practice constituting the 
  5.26  unauthorized performance of official duties, the unauthorized 
  5.27  use of the title certified building official, or a violation of 
  5.28  a statute, rule, or order that the commissioner has issued or is 
  5.29  empowered to enforce, the commissioner may proceed with 
  5.30  administrative actions or penalties as described in subdivision 
  5.31  6 or suspension or revocation as described in subdivision 7.  
  5.32     Subd. 6.  [ADMINISTRATIVE ACTION AND PENALTIES.] The 
  5.33  commissioner shall, by rule, establish a graduated schedule of 
  5.34  administrative actions for violations of sections 16B.59 to 
  5.35  16B.75 and rules adopted under those sections.  The schedule 
  5.36  must be based on and reflect the culpability, frequency, and 
  6.1   severity of the violator's actions.  The commissioner may impose 
  6.2   a penalty from the schedule on a certification holder for a 
  6.3   violation of sections 16B.59 to 16B.75 and rules adopted under 
  6.4   those sections.  The penalty is in addition to any criminal 
  6.5   penalty imposed for the same violation.  Administrative monetary 
  6.6   penalties imposed by the commissioner must be paid to the 
  6.7   special revenue fund.  
  6.8      Subd. 7.  [SUSPENSION; REVOCATION.] Except as otherwise 
  6.9   provided for by law, the commissioner may, upon notice and 
  6.10  hearing, revoke or suspend or refuse to issue or reissue a 
  6.11  building official certification if the applicant, building 
  6.12  official, or certification holder: 
  6.13     (a) violates a provision of sections 16B.59 to 16B.75 or a 
  6.14  rule adopted under those sections; 
  6.15     (b) engages in fraud, deceit, or misrepresentation while 
  6.16  performing the duties of a certified building official; 
  6.17     (c) makes a false statement in an application submitted to 
  6.18  the commissioner or in a document required to be submitted to 
  6.19  the commissioner; or 
  6.20     (d) violates an order of the commissioner.  
  6.21     Notice must be provided and the hearing conducted in 
  6.22  accordance with the provisions of chapter 14 governing contested 
  6.23  case proceedings.  Nothing in this subdivision limits or 
  6.24  otherwise affects the authority of a municipality to dismiss or 
  6.25  suspend a building official at its discretion, except as 
  6.26  otherwise provided for by law. 
  6.27     Subd. 6 8.  [VACANCIES.] In the event that a certified 
  6.28  designated building official vacates that position is vacant 
  6.29  within a municipality, that municipality shall appoint designate 
  6.30  a certified building official to fill the vacancy as soon as 
  6.31  possible.  The commissioner must be notified of any vacancy or 
  6.32  designation in writing within 15 days.  If the municipality 
  6.33  fails to appoint designate a certified building official within 
  6.34  90 15 days of the occurrence of the vacancy, the state building 
  6.35  official may make the appointment or provide state employees to 
  6.36  serve that function as provided in subdivision 1 until the 
  7.1   municipality makes a temporary or permanent designation.  
  7.2   Municipalities must not issue permits without a designated 
  7.3   certified building official.  
  7.4      Subd. 7 9.  [CONTINUING EDUCATION.] Subject to sections 
  7.5   16B.59 to 16B.75, the commissioner may by rule establish or 
  7.6   approve continuing education programs for municipal building 
  7.7   officials dealing with matters of building code administration, 
  7.8   inspection, and enforcement.  
  7.9      Effective January 1, 1985, Each person certified as a 
  7.10  building official for the state must satisfactorily complete 
  7.11  applicable educational programs established or approved by the 
  7.12  commissioner every three calendar years to retain certification. 
  7.13     Each person certified as a building official must submit in 
  7.14  writing to the commissioner an application for renewal of 
  7.15  certification within 60 days of the last day of the third 
  7.16  calendar year following the last certificate issued.  Each 
  7.17  application for renewal must be accompanied by proof of 
  7.18  satisfactory completion of minimum continuing education 
  7.19  requirements and the certification renewal fee established by 
  7.20  the commissioner.  
  7.21     For persons certified prior to January 1, 1985, the first 
  7.22  three-year period commences January 1, 1985. 
  7.23     Sec. 6.  Minnesota Statutes 2000, section 16B.76, 
  7.24  subdivision 1, is amended to read: 
  7.25     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
  7.26  advisory council consists of the following members: 
  7.27     (1) the commissioner of administration or the 
  7.28  commissioner's designee representing the department's building 
  7.29  codes and standards division; 
  7.30     (2) the commissioner of health or the commissioner's 
  7.31  designee representing an environmental health section of the 
  7.32  department; 
  7.33     (3) the commissioner of public safety or the commissioner's 
  7.34  designee representing the department's state fire marshal 
  7.35  division; 
  7.36     (4) the commissioner of public service or the 
  8.1   commissioner's designee representing the department's energy 
  8.2   regulation and resource management division; and 
  8.3      (5) one member representing each of the following 
  8.4   occupations or entities, appointed by the commissioner of 
  8.5   administration: 
  8.6      (i) a certified building official; 
  8.7      (ii) a fire service representative; 
  8.8      (iii) a licensed architect; 
  8.9      (iv) a licensed engineer; 
  8.10     (v) a building owners and managers representative; 
  8.11     (vi) a licensed residential building contractor; 
  8.12     (vii) a commercial building contractor; 
  8.13     (viii) a heating and ventilation contractor; 
  8.14     (ix) a plumbing contractor; 
  8.15     (x) a representative of a construction and building trades 
  8.16  union; and 
  8.17     (xi) a local unit of government representative. 
  8.18     (b) For members who are not state officials or employees, 
  8.19  terms, compensation, removal, and the filling of vacancies are 
  8.20  governed by section 15.059.  The council shall select one of its 
  8.21  members to serve as chair. 
  8.22     (c) The council expires June 30, 2001 2003. 
  8.23     Sec. 7.  [EFFECTIVE DATE.] 
  8.24     Section 6 is effective June 30, 2001.