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Ordinance No. 1190 03-08-2004I II III ORDINANCE NO. 1190-5 OFFICIAL TITLE AND SUMMARY Title AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED `BLTILDING CODE", BY AMENDING SECTIONS 206.01.01, 206.01.02, 206.01.03, 206.03.01, 206.03.02, 206.03.03, 206.04, 206.05.01, 206.07.07, 206.09.02, AND 206.09.05 Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 206 of the code of ordinances of the City of Fridley, Minnesota, entitled "Building Code" is hereby amended to adopt by reference the 2000 Minnesota State Building Code, the International Building Code, the National Electrical Code, amendments to referenced State Rules Chapter 1306, and certain state amended rules and appendices. The ordinance also adopts the state recommended schedule of fees for building permits, electrical permits, moving permits, wrecking permits, investigation and inspection fees. Water and sewer fees and land alteration permit plan check fees are also increased. Finally the ordinance adopts the Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Building Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the city clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 8Tx DAY OF MARCH, 2004. ��� SCOTT J. L — MAYOR ATTEST: DEBRA A. SKOGEN CITY CLERK First Reading: February 23, 2004 Second Reading: March 8, 2004 Publication: March 18, 2004 ORDINANCE NO. 1190 AN ORDINANCE AMENDING CHAPTER 206. BUILDING CODE ADOPTING THE 2001 MINNESOTA STATE BUILDING CODE THE CITY COUNCIL DOES HEREBY ORDAIN THAT CHAPTER 206 OF THE FRIDLEY CITY CODE IS HEREBY AMENDED AS FOLLOWS: 206. BUILDING CODE 206.01. BUILDING CODE 1. Buildin_� Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.75 �, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby adopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as completely as if set out here in full. 2. The following chapters of the Minnesota State Building Code including the following chapters of Minnesota Rules are adopted by the City: A. Chapter 1300 - Minnesota Building Code. B. Chapter 1301 - Building Official Certification. C. Chapter 1302 - State Building Construction Approvals. D. Chapter 1303 — Minnesota Provisions; E�. Chapter 1305 - Adoption ofthe 2000 International 1O°'' TTr�� � Building Code �r�'���'�r� ^„„°r�'�° �� ii �� r�;. ; r r r�o+or+;,,r .,r,a r,,,-,-o,.+;,,r.,i �.,,.;i;+;o� > > i�� i � r�;. ; r rr c,,,,r,a rr,-.,r�,,.;���nt�er �� > > i�� i c uo,-,,,,�r,. � in� i ti r�;. ; r 1 cr,,.r�.,,a��� > > ic� �o na;r;,,.,,,,, ni,,,,.i.;r,. �;.,+,,,-o� � iti� � i r�;. ; r rr na�,,.��.r� �� > > F�. Chapter 1306 - Special Fire Protection Systems (Ord 1159) Section 1306.0020. Municipal Option, Subp. 3; and E.1 G�. Chapter 1307 - Elevators and Related Devices H. Chapter 1309 — Adoption of the 2000 International Residential Code; L Chapter 1311 — Adoption of the 2000 Guidelines for the Rehabilitation of Existin� Buildin�s; JF. Chapter 1315 — Adoption of the 2000 � National Electrical Code K�. Chapter 1325 - Solar Energy Systems L�. Chapter 1330 - Fallout Shelters Ordinance No. 1190 M�. Chapter 1335 - Floodproofing Regulations ���€�34�---���� r +���� N. Chapter 1341 — Minnesota Accessibilit.� O�. Chapter 1346 —Adoption of the Minnesota State '°O1 T Tr�� � Mechanical Code P� Chapter 1350 - Manufactured Homes (��F. Chapter 1360 - Prefabricated Buildings R9. Chapter 1361 - Industrialized/Modular Building Sg. Chapter 1370 - Storm Shelters T� Chapter 4715 - Minnesota Plumbing Code U�. Chapters 7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code � n,a,,.;r;�+,-.,+;,,r n�+;,,r.,i n��or,a;,.o� �. . rri,o � n,,.r ;r,. ,.i,.,�+o,- „�+i,o ,.,,,ao ; .,,a„�+o,a .r ;+i,,,,,+ ,.i,.,r,.o i.� +i,o r;+�,• ���or � 2cr�v� �vz� 8-.�l�vpz^c cz �� �.,,..,. .,+;,,r .,r,� !�,-.,,�;r,. � 34. Organization and Enforcement. Page 2 A. Application, Administration and Enforcement. The a�plication, administration and enforcement of the code shall be in accordance with Minnesota Rule Chabter 1300. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes 16B.62, Subd. 1, when so established by this ordinance. 'T'��e�g��t�er �� +'�° '�,,;'�';r� T';� ; r�' .,+,-.,+o,-,-;+,,,-;.,1 1;,�.;+� ,. .�,�.;++o,� l.� TR;,, „+., C+.,+„+o� B. The Building Inspection Division shall be the Building Code Department of the City of Fridley. The Administrative authority shall be a State Certified Building OfficiaL (Minnesota Statute 16B.65) C. The City Manager shall be the Appointing Authority and designate the Building Official for the jurisdiction of Fridley. (Re£ 961) 206.02. CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. 206.03. PERMITS AND FEES The issuance of permits, and collection of fees shall be as authorized in Minnesota Statute 16B.62 subdivision 1, r� � tiu �n , r,a ., ,;,ao,a �,- ;r ri,.,�� i„�+i,o i oo� rrr;� ..,�, u,,;i,a;r,, r,,,a�� �� . . . . , ... ese�g�otr�s�-�"r,a r«- T.�ne�.�� Ordinance No. 1190 Page 3 2. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69) and Minnesota Rules Chapter 1300. The fee schedules shall be as follows: A. Plan Review Fees. (1) When a plan or other data are submitted for review, the plan review fee shall be 65% of the buildin�,�permit fee. ��e��e���° �'�.,�� �-� �.,;,a .,+ +�,o +;,ro „� �„�.,r;�;r,. ��.,r� r,a ,.;�,..,+;,, � (2) Where plans are incorporated or changed so as to require additional plan review an additional plan review fee shall be charged. (3) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned or destroyed. The building official may extend the time for action by the applicant once for a period not exceeding 180 days upon request by the applicant. (4) Permit and Plan Review Refund Policy. The Buildin� Official may authorize refunding of any fee hereunder which was erroneousl�paid or collected. The Buildin� Official maX authorize refundin� of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Buildin� Official may authorize refundin� of not more than 80% of the plan review fee paid when an a�plication for a permit for which a plan review fee has been paid is withdrawn or cancelled before an.� reviewin� is done. The Buildin� Official shall not authorize refundin_� of an.�paid exce�t on written a�plication filed by the ori_i� nal permitee not later than 180 days after the date of the fee pavment. �eee�ssrsr��s�r�. . � w���!eserr�re��:�se�s!�eeee��see��s�r�!�sr�rer� .� • •� B. Building Permit Fees. (Ref. 901) TOTAL VALUATION ....................FEE $ 1.00 to $ 500.00 ..........................$23.50 $ 501.00 to $2,000.00 .......................$23.50 for the first $500.00 plus $3.05 for each additional $100.00 or fraction thereof, to and including $2,000.00 $ 2,001.00 to $25,000.00 ...................$69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 ..................$391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 ................$643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 Ordinance No. 1190 Page 4 $100,001.00 to $500,000.00 ..............$993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00...........$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00andup ........................$5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: Inspections outside of normal business hours (minimum charge - two hours) Re-inspection fees assessed under provisions of Section 108.8. Inspections for which no fee is specifically indicated (minimum charge — one half hour) Additional plan review required by changes, additions or revisions to Approved plans (minimum charge — one half hour) $50.00 4�99 per hour* $50.00 4�99 per hour* $50.00 4�99 per hour* $50.00 4�99 per hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both Residential Mobile Home Installation Actual Costs** � 11 11 � � � Surcharge On Residential Building Permits. A surcharge of $5.00 shall be added to the permit fee charged for each residential building permit that requires a State licensed residential contractor. **Actual costs include administrative and overhead costs. C. Plumbing Permit Fees. (Ref. 901) FEE Minimum Fee $15 .00 or 5% of cost of improvement, whichever is _ re� ater �9-99 Each Fixture ............................................ $10.00 �99 Old Opening, New Fixture ........................ $10.00 4:89 Beer Dispenser . ........................................ $10.00 �99 Blow Off Basin ........................................ $10.00 �99 Catch Basin ............................................. $10.00 �99 Rain Water Leader ................................... $10.00 �99 Sump or Receiving Tank .......................... $10.00 �99 Water Treating Appliance ...................... $35.00 �-99 Water Heater-Electric ............................... $35.00 �99 Water Heater-Gas .................................. $35.00 �9-99 Backflow Preventer .......................................... $15.00 OTHER .............................. Commercial 1.25% �,� of value of fixture or appliance Ordinance No. 1190 Other Inspections and Fees: Inspections outside of normal business hours. (minimum charge - two hours) Re-inspection fees assessed under provisions of Section 108.8 . Inspections for which no fee is specifically indicated (minimum charge — one half hour) Additional plan review required by changes, additions or revisions to Approved plans (minimum charge — one half hour) Page 5 $50.00 4�99 per hour* $50.00 4�99 per hour* $50.00 4�99 per hour* $50.00 4�99 per hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ............. Actual Costs** **Actual costs include administrative and overhead costs. D. Mechanical Permit Fees. (Ref. 901) FEE (1) Residential Minimum Fee $15 .00 or 5% of cost of improvement, whichever is _ re� ater �5-99 Furnace ......................................... $35.00 �99 GasRange ............................................... $10.00 GasDryer ................................................ $10.00 Gas Piping ...............................................$10.00 Air Conditioning ...................................... $25.00 OTHER ........................1 % of value of appliance (2) Commercial Minimum Fee ................................ $35.00 �5-99 All Work .................1.25% of value of appliance Other Inspections and Fees: Inspections outside of normal business hours (minimum charge - two hours) Re-inspection fees assessed under provisions of Section 108.8. Inspections for which no fee is specifically indicated (minimum charge — one half hour) Additional plan review required by changes, additions or revisions to Approved plans (minimum charge — one half hour) $50.004�99 per hour* $50.004�99 per hour* $50.004�99 per hour* $50.004�99 per hour* Ordinance No. 1190 Page 6 *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ............. Actual Costs** **Actual costs include administrative and overhead costs. E. Electrical Permit Fees. (1) Payment of Fees All electrical inspection fees are due and payable to the City of Fridley at or before commencement of the installation and shall be forwarded with the request for inspection. (2) Fee Schedule Fees shall be paid according to the following schedule: (a) Minimum Fees. ((1))ResidentiaL Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one (1) inspection only .................. $20.00 Minimum fee for installations requiring two inspections shall be ..................... $40.00 (Re£ 901) ((2)) NonresidentiaL Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one (1) inspection only .................. $25.00 Minimum fee for installations requiring two inspections shall be .................... $50.00 (b) Services, changes of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 0 to and including 200 ampere capacity .......................................................... $30.00 For each additional 100 ampere capacity or fraction thereof ............................ $ 8.00 (c) Circuits, installations, additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment served, except as provided for in (a) through (i). 0 to and including 100 ampere capacity ........................................................... $ 6.00 For each additional 100 ampere capacity or fraction thereof ............................ $ 4.00 ((1)) Maximum fee on a single family dwelling shall not exceed $85.00 if not over 200 ampere capacity. This includes service, feeders, circuits, fixtures and equipment. This maximum fee includes not more than two 2€etr�-f�} inspections. Ordinance No. 1190 Page 7 ((2)) Maximum fee on an apartment building shall not exceed $35.00 per dwelling unit for the first 40 units and $30.00 per dwelling unit for the balance of units. The fee for the service and feeders in an apartment building shall be in accordance with 2b and 2c of the schedule, and shall be added to the fee for circuits in individual apartments. The maximum fee for an apartment applies only to the circuits in the apartment. A two-family unit (duplex) maximum fee per unit as per single family dwelling. (Re£ 901) ((3)) The ma�mum number of 0 to 100 ampere circuits to be paid on any one athletic field lighting standard is ten (10). (Re£ 901) ((4)) The fee far mobile homes shall be in accordance with 2b and 2c of the fee schedule. (Re£ 901) ((5)) In addition to the above fees: ((a)) A charge of $2.00 will be made for each lighting standard. ((b)) A charge of $3.00 will be made for each traffic signal standard. Circuits originating within the standard will not be used when computing the fee. ((6)) In addition to the above fees, all transformers and generators for light, heat and power shall be computed separately at $5.00 per unit plus $3.00 per 10-Kilovolt amperes or fraction thereof. ((7)) In addition to the above fees, all transformers for signs and outline lighting shall be computed at $5.00 per unit .(Re£ 901) ((8)) In addition to the above fees (unless included in the ma�mum fee filed by the initial installer) remote control, signal circuits and circuits of less than 50 volts shall be computed at $6.00 per each ten (10) openings or devices of each system plus $.50 foreach opening. (d) For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00, up to and including $30,000 of electrical estimate, plus 1/10 of 1% of any amount in excess of $30,000 to be paid by persons or firms requesting the review. (e) When re-inspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not subject to an appeal pending before the Board or any court, a re-inspection fee of $25.00 for residential and $30.00 for nonresidential, may be assessed in writing by the inspector. (Re£ 901) ( fl For inspections not covered herein, or for requested special inspections or services, the fee shall be $50.00 �-�?99 per hour, including travel time, plus $.40 per mile traveled, plus the reasonable cost of equipment or material consumed. This Section is also applicable to inspection of empty conduits and such other jobs as determined by the City. (Re£ 901) Ordinance No. 1190 Page 8 (g) For inspection of transient projects including but not limited to carnivals and circuses, the inspection fees shall be computed as follows: (Re£ 901) ((1)) Power supply units, according to 2B of the schedule. A like fee will be required on power supply units at each engagement during the season, except that a fee of $50.00 �-�?99 per hour will be charged for additional time spent by the inspector, if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. (Re£ 901) ((2)) Rides, devices, or concessions, shall be inspected at their first appearance of the season and the inspection fee shall be $25.00 per unit. In addition to the fee for the power supply units, there shall be a general inspection for each engagement during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the inspector and make application for inspection a minimum of 14 days before its engagement in Fridley. When the inspector is not notified at least 48 hours in advance, a charge of $100.00 will be made in addition to all required fees. (h) For purposes of interpretation of the provisions of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations and scope of words and terms used in this Chapter. (i) In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be computed at $25.00. Reinforcing steel for swimming pools requires a rough-in inspection. (3) Minor Repair Work Defined. Minor repair work as used in Minnesota Statutes, Section 326.244 shall mean the adjustment or repair and replacement of worn or defective parts of electrical fixtures, switches, receptacles and other equipment provided that such minor repairs are made in compliance with accepted standards of construction for safety to life and property as defined in Minnesota Statutes, Section 326.243 and do not require replacement of the wiring to them. The City's inspectors or agents may inspect any such minor repairs at the request of the owner or person making such repairs. (4) Condemnation of Hazardous Installations. When an electrical inspector finds that a new installation or part of a new installation that is not energized is not in compliance with accepted standards of construction as required by Minnesota Statutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplying part thereof is such as to seriously and proximately endanger human life and property if it was to be energized, order with the approval of the Building Inspector, immediate condemnation of the installation or noncomplying part. When the person responsible for making the installation condemned hereunder is notified, they shall promptly proceed to make the corrections cited in the condemnation order. (Re£ 901) Ordinance No. 1190 Page 9 (5) Disconnection of Hazardous Installation: If while making an inspection, the electrical inspector finds that a new installation that is energized is not in compliance with accepted standards of construction as required by Minnesota Statutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplying part thereof is such as to seriously and proximately endanger human life and property, order immediate disconnection of the installation or noncomplying part. When the person responsible for making the installation ordered disconnected hereunder is notified, they shall promptly proceed to make the corrections cited in this disconnect order. (Re£ 901) (6) Corrections of Noncomplying Installations. When a noncomplying installation whether energized or not, is not proximately dangerous to human life and property, the inspector shall issue a correction order, ordering the owner or contractor to make the installation comply with accepted standards of construction for safety to life and property, noting specifically what changes are required. The order of the inspector shall specify a date of not less than 10 nor more than 17 calendar days from the date of the order. F. Moving of Dwelling or Building Fee. The permit fee for the moving of a dwelling or building shall be in accordance with the following schedule: For Principle Building into City.......... For Accessory Building into City........ For Moving any building out of City... For moving through or within the City G. Wrecking Permit Fee. $ 300.00 $ 42.00 $ 20.00 $ 20.00 (1) For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on the cubical contents thereof and shall be at the rate of one dollar and twenty-five cents ($1.25) for each one thousand (1000) cubic feet or fraction thereof. (2) For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of six dollars ($6.00) for each five hundred dollars ($500.00) or fraction thereof. (3) In no case shall the fee charged for any wrecking permit be less than twenty dollars ($20.00). Ordinance No. 1190 I. H. Water and Sewer Fees. (Ref. 901) Page 10 Hydrant Rental Agreement - Service Charge ................................................................... $50.00 (for use of hydrant only - City does not supply hose e��) Water Usage Metered ............................................................. $ 1.25 �99/1,000 gallons used Minimum.............................................................................................. $10.00 Tanker.................................................................................................. $10.00 per fill Water Taps .............................$400.00 plus cost per square foot for the area to be restored. Permanent Street Patch — First 5 sq. yds. Over 5 sq. yds ..............$300.00 $30.00 per sq.yd. Temporary Street Patch (Nov. 1 through May 1) First5 sq. yd ........................................................................................$400.00 Over5 sq. yd ......................................................................................... $40.00 per sq. yd. plus cost of permanent street patch r°�*�r�*;�r „°r ��„�r° ��* �� � +� �.o o�+�ro,a Water Meter Repair - Weekend & Holidays ................................................................... $125 .00 Water Connections Permit ..................................................................................... $50.00 �5-99 Sewer Connections Permit ..................................................................................... $50.00 �5-99 �e� °"�-o=�zip� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e c n n Inspection Fee for Water/Sewer Line Repair ................................................................... $40.00 Land Alterations, Excavating, or Grading Fees including Conservation Plan Implementation Fees. (Ref. 901, 1012) 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 cubic yards ......................................................................................... for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards ..................................................................................... for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards ....................................................................................... for the first 10,000 cubic yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof. . $40.00 . $47.50 . $47.50 $167.00 $273.00 100,001 cubic yards or more ..................................................................................................$662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof. Ordinance No. 1190 Land Alteration Plan-Checking Fees: 50 cubic yards or less .................................................................................................... 51 to 100 cubic yards .................................................................................................... 101 to 1,000 cubic yards ............................................................................................... 1,001 to 10,000 cubic yards ........................................................................................... 10,001 to 100,000 cubic yards ....................................................................................... for the first 10,000 cubic yards plus $24.50 for each additional 10,000 cubic yards or fraction thereof. Page 11 No Fee $23.50 $37.00 $49.25 $49.25 100,001 to 200,000 cubic yards .............................................................................................$269.75 for the first 100,000 cubic yards plus $13.25 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more ..................................................................................................$402.25 for the first 200,000 cubic yards plus $7.25 for each additional 10,000 cubic yards or fraction thereof. J. Pollution Monitoring Registration Fee. (Ref. 929, 947) 1. Each pollution monitoring location shall require a site map, description and length of monitoring time requested. (For matter of definition pollution monitoring location shall mean each individual tax parcel.) There shall be an initial application and plan check fee of Twenty-Five Dollars ($25). 2. The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 3. An initial registration fee of Fifty Dollars ($50) is due and payable to the City of Fridley at or before commencement of the installation. 4. An annual renewal registration fee of Fifty Dollars ($50) and annual monitoring activity reports for all individual locations must be made on or before September first of each year. If renewal is not filed on or before October first of each year the applicant must pay double the fee. 5. A final pollution monitoring activity report must be submitted to the City within (30) days of termination of monitoring activity. (Re£ 961) 206.04. INVESTIGATION FEES Should any person begin work of any kind such as hereinbefore set forth, or for which a permit from the Building Code Department is required by this Chapter without having secured the necessary permit therefore from the Building Code Department either previous to or during the day where such work is commenced, or on the next succeeding business day when work is commenced on a Saturday, Sunday or a holiday, they shall, when subsequently securing such permit, be required to pay an investigation fee equal to the permit fee and shall be subject to all the penal provisions of said Code. (Re£ 901) Ordinance No. 1190 206.05. REINSPECTION FEE Page 12 A re-inspection fee of fiftv ��e� dollars ($50.00 4�99) per hour shall be assessed for each inspection or re-inspection when such portion of work for which the inspection is called for is not complete or when corrections called for are not made. (Re£ 901) 2. This Section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the permit card is not properly posted on the work site, or the approved plans are not readily available for the inspection, or for failure to provide access on the date and time for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 4. Where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Re£ 961) 206.06. CERTIFICATE OF OCCUPANCY Except for single family residential structures, a Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, shall be obtained from the City: A. Before any structure for which a building permit is required is used or occupied. A temporary Certificate of Occupancy may be issued when the building is approved for occupancy but the outside development is partially uncompleted. (Re£ 901) B. Or before any nonconforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall be made to the City when the structure or use is ready for occupancy and within ten (10) days thereafter the City shall inspect such structure or use and if found to be in conformity with all provisions of this Chapter, shall sign and issue a Certificate of Occupancy. A Certificate of Compliance shall be issued to all existing legal nonconforming and conforming uses which do not have a Certificate of Occupancy after all public health, safety, convenience and general welfare conditions of the City Code are in compliance. 4. No permit or license required by the City of Fridley or other governmental agency shall be issued by any department official or employee of the City of such governmental agency, unless the application for such permit or license is accompanied by proof of the issuance of a Certificate of Occupancy or Certificate of Compliance. Change in Occupancy: A. The City will be notified of any change in ownership or occupancy at the time this change occurs for all industrial and commercial structures within the City. B. A new Certificate of Occupancy or Compliance will be issued after notification. A thirty-five dollar ($35.00) fee will be assessed for this certificate. Ordinance No. 1190 6. Existing Structure or Use: Page 13 A. In the case of a structure or use established, altered, enlarged or moved, upon the issuance and receipt of a Special Use Permit, a Certificate of Occupancy shall be issued only if all the conditions thereof shall have been satisfied. B. Whenever an inspection of an existing structure or use is required for issuance of a new Certificate of Occupancy, a thirty-five dollar ($35.00) fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use shall not be occupied until such time as the structure or use is again brought into compliance with such requirements. 206.07. CONTRACTOR'S LICENSES It is deemed in the interest of the public and the residents of the City of Fridley that the work involved in building alteration and construction and the installation of various appliances and service facilities in and for said buildings be done only by individuals, firms and corporations that have demonstrated or submitted evidence of their competency to perform such work in accordance with the applicable codes of the City of Fridley. 2. The permits which the Building Inspector is authorized to issue under this Code shall be issued only to individuals, firms or corporations holding a license issued by the City for work to be performed under the permit, except as hereinafter noted. Requirements. Application for license shall be made to the Building Code Department and such license shall be granted by a majority vote of the Council upon proof of the applicant's qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damages and certificates of Worker's Compensation insurance as required by State law and if applicable, list a Minnesota State Tax Identification number. (Re£ 901) 4. Fee. The fee for each license required by the provision of this Section shall be thirty-five dollars ($35.00) per year. Expiration. All licenses issued under the provisions of this Section shall expire on April 30th, following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration then all rights granted by such license shall cease and any work performed after the expiration of the license shall be in violation of this Code. 6. Renewal. Persons renewing their license issued under this Section after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed. Ordinance No. 1190 Page 14 7. Specific Trades Licensed. Licenses shall be obtained by every person engaging in the following businesses or work in accordance with the applicable Chapters of the City of Fridley. A. General contractors in the business of nonresidential building construction and residential contractors with an exempt card from the State. B. Masonry and brick work. C. Roofing. D. Plastering, stucco work, sheetrock taping. E. Heating, ventilation and refrigeration. F. Gas piping, gas services, gas equipment installation. G. Oil heating and piping work. H. Excavations, including excavation for footings, basements, sewer and water line installations. I. Wrecking of buildings. Sign erection, construction and repair, including billboards and electrical signs. K. Blacktopping and asphalt work. L. Chimney sweeps. Employees and Subcontractors. A license granted to a general contractor under this Section shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work which is classified and listed in this Code providing that each person performing such work is in the regular employ and qualified under State law and the provisions of this Building Code to perform such work In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors on any work shall be required to comply with the Sections of this Code pertaining to license, insurance, permit, etc., for their particular type of work (Re£ 901) 9. Suspension and Revocation Generally. The City Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Section, whose work is found to be improper or defective or so unsafe as to jeopardize life or property providing the person holding such license is given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and they fail or refuse to appear at the said hearing, their license will be automatically suspended or revoked five (5) days after date of hearing. 10. Time of Suspension. When a license issued under this Section is suspended, the period of suspension shall be not less than thirty (30) days nar more than one (1) year, such period being determined by the City Council. 11. Revocation, Reinstatement. When any person holding a license as provided herein has been convicted for the second time by a court of law for violation of any of the provisions of this Code, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. Ordinance No. 1190 Page 15 12. Permit to Homeowner. The owner of any single family property may perform work on property which the owner occupies so long as the work when performed is in accordance with the Codes of the City and for such purpose a permit may be granted to such owner without a license obtained. All rental property permits shall be obtained by licensed contractors. 13. State Licensed Contractor's Excepted. Those persons who possess valid State licenses issued by the State of Minnesota shall not be required to obtain a license from the City; they shall, however be required to file proof of the existence of a valid State license together with proof of satisfactory Worker's Compensation and Public Liability insurance coverage. (Re£ 901) 14. Public Service Corporations Excepted. Public service corporations shall not be required to obtain licenses for work upon or in connection with their own property except as may be provided by other Chapters. 15. Manufacturers Excepted. Manufacturers shall not be required to obtain licenses for work incorporated within equipment as part of manufacturing except as may be provided by other Sections of this Code. 16. Assumption of Liability. This Section shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing the above described work for damages to persons or property caused by any defect therein; nor shall the City of Fridley be held as assuming any such liability by reason of the licensing of persons, firms or corporations engaged in such work. 206.08. UTILITY EXCAVATIONS (SEWER & WATER) 1. Permit Required. Before any work is performed which includes cutting a curb or excavation on or under any street or curbing a permit shall be applied for from the City and shall pav a permit fee as provided in Chapter 11. The Public Works Department shall verify the location of the watermain and sanitary sewer connections before any excavation or grading shall be permitted on the premises. The permit shall specify the location, width, length and depth of the necessary excavation. It shall further state the specifications and condition of public facility restoration. Such specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of work Concrete curb and gutter or any street patching shall be constructed and inspected by the City, unless specified otherwise. 2. Deposit - Required. A. Where plans and specifications indicate that proposed work includes connection to sanitary sewer, watermain, a curb cut or any other disruption that may cause damage to the facilities of the City, the application for permit shall be accompanied by a two hundred dollar ($200.00) cash deposit as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition. B. The requirement of a cash deposit shall not apply to any public utility corporation franchised to do business within the City. Ordinance No. 1190 Page 16 Maximum Deposit. No person shall be required to have more than four hundred dollars ($400.00) on deposit with the City at any one time by reason of this Section; provided that such deposit shall be subjected to compliance with all the requirements of this Section as to all building permits issued to such person prior to the deposit being refunded. 4. Inspections. A. Before any backfilling is done in an excavation approved under this division the City shall be notified for a review of the conditions of construction. B. During and after restoration the City Engineer or a designated agent shall inspect the work to assure compliance. (Re£ 901) Return of Deposit. The Public Works Director shall authorize refundment of the deposit when restoration has been completed to satisfactory compliance with this Section. 6. Forfeiture of Deposit. Any person who fails to complete any of the requirements shall forfeit to the City such portion of the deposit as is necessary to pay for having such work done. 206.09. BUILDING SITE REQUIREMENTS General. In addition to the provisions of this Section, all building site requirements of the City's Zoning Code Chapter 205 and additions shall be followed before a building permit may be issued. 2. Utilities and Street Required. No building permit shall be issued for any new construction unless and until all utilities are installed in the public street adjacent to the parcel of land to be improved and the rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available. Manufactured Home �� Prohibitions. Except in a manufactured home � or manufactured �e�l� home park, the removal of wheels from any manufactured home � or the remodeling of a manufactured home � through the construction of a foundation or the enclosure of the space between the base of the manufactured home � and the ground, or through the construction of additions to provide extra floor space will not be considered as conforming with the City's Building Code in any respect and will therefore be prohibited. 4. Equipment and Material Storage. No construction equipment and/or material pertaining to construction shall be stored on any property within the City without a valid building permit. When construction is completed and a Certificate of Occupancy has been issued, any construction equipment or materials must be removed within thirty (30) days from the issuance date on the Certificate of Occupancy. Ordinance No. 1190 Page 17 Construction Work Hours. It shall be unlawful for any person or company acting as a contractor for payment, to engage in the construction of any building, structure or utility including but not limited to the making of any excavation, clearing of surface land and loading or unloading materials, equipment or supplies, anywhere in the City except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays �r�' '°��' '��'��'�� �. However, such activity shall be lawful if an alternate hours work permit therefore has been issued by the City upon application in accordance with requirements of the paragraph below. It shall be unlawful to engage in such work or activity on Sunday or any legal holiday unless an alternate hours work permit for such work has first been issued. Nothing in this Chapter shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 6. Alternate Hours Work Permit. Applications for an alternate hours work permit shall be made in writing to the Public Works Director and shall state the name of the applicant and the business address, the location of the proposed work and the reason for seeking a permit to do such work, as well as the estimated time of the proposed operations. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the times indicated. 7. Safeguards. Warning barricades and lights shall be maintained whenever necessary for the protection of pedestrians and traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians. 206.10. DRAINAGE AND GRADING Investigation. After a building permit has been applied for and prior to the issuance of said permit, the City shall thoroughly investigate the existing drainage features of the property to be used. 2. Obstruction of Natural Drainage Prohibited. No building permit shall be issued for the construction of any building on which construction or necessary grading thereto shall obstruct any natural drainage waterway. Undrainable Lands. No building permit shall be issued for the construction of any building upon ground which cannot be properly drained. 4. Protection of Existing Drainage Installations. A. Where application is made for a building permit and subsequent investigation shows that the property to be occupied by said building is adjacent to a portion of a public road or street containing a drainage culvert, catch basin, sewer, special ditch or any other artificial drainage structures used for the purpose of draining said property and/or neighboring property, the applicant shall specifically agree in writing to protect these waterways in such a way that they shall not be affected by the proposed building construction or grading work incidental thereto. Ordinance No. 1190 Page 18 B. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. Stormwater run-off from a developed site will leave at no greater rate or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloped land for a 24-hour storm with a 1-year return frequency. Detention facilities shall be designed for a 24-hour storm with a 100-year return frequency. All run-off shall be properly channeled into a storm drain water course, ponding area or other public facility designed for that purpose. A land alteration permit shall be obtained prior to any changes in grade affecting water run-off onto an adjacent property. Order to Regrade. The City may order the applicant to regrade property if existing grade does not conform to any provision of this Section, if the grade indicated in the preliminary plan has not been followed, or if the grade poses a drainage problem to neighboring properties. 206.11. WATERS, WATERWAYS Definition. As used in this Section, the term waters and/or waterways shall include all public waterways as defined by Minnesota Statutes, Section 105.38 and shall also include all bodies of water, natural or artificial, including ponds, streams, lakes, swamps and ditches which are a part of or contribute to the collection, runoff or storage waters within the City or directly or indirectly affect the collection, transportation, storage or disposal of the storm and surface waters system in the City. 2. Permit Required. No person shall cause or permit any waters or waterways to be created, dammed, altered, filled, dredged or eliminated, or cause the water level elevation thereof to be artificially altered without first securing a permit from the City, State or watershed management organization as appropriate. Application for Permit. Applications for permits required by the provisions of this Section shall be made in writing upon printed forms furnished by the City Clerk. 4. Scope of Proposed Work. Applications for permits required by this Section shall be accompanied with a complete and detailed description of the proposed work together with complete plans and topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water handling facilities. Fees. A fee of twenty-five dollars ($25.00) shall be paid to the City and upon the filing of an application for a permit required by the provisions of this Section to defray the costs of investigating and considering such application. 206.12. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Ordinance No. 1190 Page 19 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF MARCH 2O04. ,,���� SCOTT J. D, MAYOR ATTEST: DEBRA A. SKOGEN, TY CLERK First Reading: February 23, 2004 Second Reading: March 8, 2004 Publication: March 18, 2004