CHAPTER 9 INDEX
BUILDING, CONSTRUCTION, FIRE, OTHER CODES
SECTION 9.01 BUILDING CODE
9.08 THRU 9.99 RESERVED FOR FUTURE USE
Subd. 1. Code Adopted by Reference. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Section 16B.59 to 16B.75, including all of the amendments, rules, and regulations established, adopted, and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted by the City. The Minnesota State Building Code is hereby incorporated by reference in this ordinance as if fully set out herein.
Subd. 2. Application, Administration, and Enforcement. The application, administration, and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subd. 1, when so established by the City.
The code enforcement agency of this municipality is called the City of Sauk Rapids Building and Assessing Department.
Subd. 3. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes Section 16B.62, subdivision 1. Permit fees shall be assessed for work governed by the code in accordance with the City’s Fee Schedule. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes Section 16B.70.
Subd. 4. Violations and Penalties. The Building Official designated by the City shall have the authority to issue Stop-Work Orders and administrative penalties for violations of this code. In addition, a violation of this code is a misdemeanor.
Subd. 1. Adoption of the 2007 Minnesota State Fire Code.
A. The 2007 Minnesota State Fire Code, as adopted pursuant to Minnesota Statute 299F.011, is hereby adopted as the Fire Code for the City of Sauk Rapids for the purpose of prescribing regulations governing conditions hazardous to life or property from fire, hazardous materials, or explosives. The provisions of the 2007 Minnesota State Fire Code, appendices B, C, D, F, H, and I thereto, the International Fire Code published by the International Code Council Inc., (Falls Church, Virginia) and any and all amendments and changes thereto adopted by the Minnesota Commissioner of Public Safety through the Division of Fire Marshal and set forth in Minnesota State Rules and Regulations of the Department of Public Safety, Fire Marshal Division, chapter 7511 except as modified or amended by this article, are hereby adopted by reference and made a part of this article as if set forth herein. One copy of this code shall be marked as the official copy and shall be on file in the office of the fire marshal.
B. The fire marshal shall prepare fire prevention policies for the interpretation and efficient administration of this code, which policies shall not require approval of the City Council. A copy of said policies shall be maintained on file in the office of the fire marshal.
C. If there is conflict between or among any of the provisions or policies of the above mentioned codes, standards or policies, the following orders of precedence shall apply:
1. The City’s 2007 fire prevention code.
2. The Minnesota State Fire Code.
3. Standards of the National Fire Protection Association or other nationally recognized fire-safety standards as are approved by the fire marshal.
Subd. 2. Definitions.
(a) Wherever the word “jurisdiction” is used in the 2007 Minnesota State Fire Code, it shall mean the City of Sauk Rapids.
(b) Whenever the term “this code” is used in the 2007 Minnesota State Fire Code or this ordinance, it shall mean the code adopted pursuant to this ordinance.
Subd. 3. Amendments to the Minnesota State Fire Code.
A Section 314 of the 2007 Minnesota State Fire Code is amended to add a new section 314.5 to read: Solid Fuel Burning Appliances in Exhibit Halls and Assembly Occupancies. Use of solid fuel burning appliances for display purposes is prohibited in assembly occupancies other than cooking fuel as described in NFPA 101, 2000 Edition, Section 12.7.1.4. Solid fuel burning appliances may be defined as any appliance that uses decomposition of cellulose material, hydrocarbon solids, animal fat or proteins to produce heat or leaves an ash residue. This would include plant products or materials, wood, coal, mesquite, etc.
B. Section 314 of the 2007 Minnesota State Fire Code is amended to add a new section 314.6 to Read: Compressed flammable gas cylinders and flammable or combustible liquids. Compressed flammable gas cylinders and flammable or combustible liquids used for display purposes are prohibited within exhibit hall and assembly occupancies.
C. Section 505.1 of the 2007 Minnesota State Fire Code Address Numbers is amended by adding the following language: New and existing buildings and buildings under construction or demolition shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Buildings with multiple tenants/addresses shall place approved numbers or addresses on front and rear doors identifying each address. These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm).
Exception: R-3 Occupancies shall have a minimum of 4 inches high with a minimum stroke width of 0.5 inches (12.7 mm).
D. Section 903.4.1 of the 2007 Minnesota State Fire Code Sprinkler System Monitoring and Alarms is amended by adding the following language: Manual Alarm, automatic alarm, water flow alarm, supervisory alarm, and trouble signals shall be distinctly different and shall be automatically transmitted to an approved listed Central Station as defined by NFPA 72, unless otherwise approved by the fire official.
Exceptions 1 and 2 will remain as published.
E. Section 3308.2.2 of the 2007 Minnesota State Fire Code Proximate Audience Displays is amended by adding the following language: Indoor displays of fireworks, pyrotechnics and open flame performances to proximate audiences are prohibited within the City.
F. Section 105.1.1 of the 2007 Minnesota State Fire Code is hereby replaced in its entirety with the following language:
1. Permit required. No person shall engage in any activity, operation, practice or function listed below without first having obtained a permit from the Fire Marshal. Permits shall be kept on the premises designated therein at all times and shall be readily available for inspection.
a. Installation and removal of all fire suppression systems.
b. Installation and removal of all fire alarm, monitoring, or related systems.
c. Installation and removal of underground or aboveground tanks for the storage or use of flammable or combustible liquids, or gas or any hazardous material.
d. Installation of Spray booths or spray areas involving spraying or dipping operations utilizing flammable or combustible liquids and spray booths involving the application of powders by powder spray guns, electrostatic powder spray guns, fluidized beds, or electrostatic fluidized beds.
e. The installation /operation of tents and membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet as required by Section 2401.2 of the Minnesota State Fire Code.
f. Installation of Smoke removal systems.
g. Storage of explosives, black powder, and blasting agents.
h. Use of explosives.
i. Fireworks sales, displays and pyrotechnic special effects material.
j. For any open burning.
k. flammable fluids dispensing.
2. The fees for such permits shall be in an amount set forth in the City’s Fee Schedule.
Subd. 4. Enforcement.
The Fire Marshal or their designate is authorized to enforce the provisions of the Minnesota State Fire Code and this ordinance.
Subd. 5. Penalties.
A person who violates the provisions of the Minnesota State Fire Code or this ordinance after being given written notice shall be guilty of a misdemeanor. Each day’s violation after notice thereof shall constitute a separate offense.
Subd. 6. New Materials, Processes or Occupancies That May Require Permits.
The Building Inspector, the Chief of the Fire Department, and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the Code and Standards. The Chief shall post such list in a conspicuous place in the office of the Chief, and distribute copies thereof to interested persons.
Subd. 7. Repeal of Conflicting Ordinances.
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code and Standards hereby adopted are repealed.
Subd. 8. Validity.
The City Council hereby declares that should any section, paragraph, sentence or word of this Section of the City Code of Ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid.
Subd. 1. Purpose. The City recognizes a
need for an organized inspection program and proper distribution of
residential rental units within the City in order to establish and enforce
minimum standards for rental units to meet City and State safety, health, fire,
and zoning codes within the City and to provide a more efficient system to
ensure that rental property is properly maintained. The City
recognizes that the most efficient system to provide for rental inspections is
the creation of a program requiring the registration and license of all
residential rental units within the City so that
orderly inspections can be undertaken. To further the safety, health, fire,
and zoning standards adopted by the City, inspections
will consist of performance standards and density standards, as outlined in
this section.
Subd. 2. Definitions.
a. The
term “residential rental property” means any building, structure, room,
enclosure, or mobile home including the real property upon which it is located
and which surrounds it, which is rented or offered for rent as living quarters.
Residential rental property does not mean hospital units, nursing home units,
or hotels or motels with daily rental units, all of which shall be specifically
exempt from registration and license under this Section.
b. The
term “person” includes natural persons as well as business entities, whether
one or more.
c. The
term “inspector” means any person designated by the City to perform inspections and determine
compliance with the applicable rules, standards, statutes and ordinances.
Subd. 3 Standards.
The 2006 International Property Maintenance
Code as amended by the City of Sauk Rapids and as from time to time amended or
modified, is hereby adopted by reference and is made a part of this Section, so
far as it applies to rental property, as if fully set out at length.
Subd. 4. Registration and License
Requirements. It
is unlawful for any person to hereafter occupy, allow to be occupied, advertise
for occupancy, solicit occupants of, or let to another person for occupancy any
residential rental property within the City for which an application for
license has not been properly made and filed with the City of Sauk Rapids and
for which there is not an effective license issued by the City. Initial
application and renewal shall be made upon forms furnished by the city for such
purpose and shall specifically require the following minimum information:
a. Name,
address and phone number of the property owner and, if owner is not a natural
person, the name, address and phone number of a designated agent for the owner.
b. The
name, phone number, and address of any person authorized to make or order made
repairs or services for the property, if in violation of City or State Codes,
if the person is different than the owner.
c. The
street address of the rental property.
d. The
number and types of units within the rental property (dwelling units or
sleeping rooms).
e. Evidence
that all unpaid or delinquent real estate taxes, assessments and municipal
service charges on the subject real estate are paid and are current for the
applicable period.
A rental property
owner and/or the designated agent must notify the City in writing within 15
calendar days after any change in the above information.
Subd. 5. Fees &
Penalties. There
shall be a license fee for the initial license, a renewal fee every two years
thereafter. The fee shall be based upon
the number of units in the case of multiple unit dwellings. There shall also be
a provisional license fee. All fees
shall be established by resolution of the Council. Penalties for failure to comply with any
portion of these rules, standards, statutes, and ordinances will be established
by resolution of the Council.
Subd. 6. Manner of
Registration, Licensing and Renewal.
a. Initial application for license of
property which is not licensed as residential
rental property on the
effective date of this Section, or for licensed residential rental property
when there is a change in type of occupancy, shall be made by personally filing
an application for license with the City of Sauk Rapids before the property is
used as residential rental property or before use as a new type of occupancy.
b. If
there is a change in the type of occupancy from the type stated on the
registration statement, a new registration statement and license will be
required.
c. All
licenses for residential rental properties shall be valid for two (2) years. At
least sixty (60) days prior to the expiration of a residential rental license,
a renewal application must be made in the same manner as the initial
application.
Subd. 7. Method and
Manner of Certification. Upon receipt of an
initial application, the City shall forward a copy to the Building Official,
who shall then, within twenty (20) working days, perform an inspection of the
property to determine whether such property complies with the provisions of
applicable rules, standards, statutes and ordinances. The inspector shall make a report thereon. No
license shall be issued if the premises and building do not fully comply with
all the provisions of the applicable rules, standards, statutes and ordinances
which pertain to such dwelling units.
Subd. 8. Method of
Correction. Whenever
an inspector determines that any residential rental property fails to meet the
requirements set forth in the applicable rules, standards, statutes or
ordinances; the inspector shall issue a correction notice setting forth the
violations and ordering the occupant, owner and/or owner’s designated agent to
correct such violations. This notice and order shall:
a. Be in written form;
b. Describe the location and nature of the
violation;
c. Establish a reasonable time for the
correction of any violation;
d. Be
served upon the owner, the owner’s designated agent and/or the occupant as the
case may require. Such notice shall be deemed to be properly served if a copy
thereof is:
(1)
Served upon the owner, designated agent and/or occupant personally; or
(2)
Sent by certified mail, return receipt requested.
Failure to correct
violations within the time period stated in the correction order shall result
in an administrative penalty to be set by Council resolution, as well as other
sanctions provided by law or this ordinance.
If the correction order relates to actions or omissions of the occupant,
and the occupant fails to make the necessary correction, the licensee may be
required to remedy the condition by whatever means necessary. No adverse action shall be taken against a
licensee for failure to remedy a condition during the pendency of a bona fide
eviction proceeding being pursued diligently by the licensee.
Subd. 9. Transfer of
Property. To
transfer the license from one property owner to another, the licensee shall
give written notice, including the name and address of the transferee, to the
City of Sauk Rapids of the proposed transfer, within thirty-days (30) after
such transfer. The transferee must make
application with the City for a transfer of the license within thirty-days (30)
after the transfer of property. Failure
to make application within the specified time limit shall result in automatic
forfeiture of the license. Relicensing
of any property for which the license has been forfeited shall require
application for a new license. Issuance
of any license when there is a transfer of property shall require the property
to be in compliance with all requirements of the applicable rules, codes,
statutes and ordinances.
Subd. 10. License
Suspensions and Revocation.
a. Any
license may be revoked or suspended at any time during the life of said license
for grounds including, but not limited to the following:
(1) False
or misleading information given or provided in connection with the license
application or renewal;
(2) Failure
to pay any fee herein provided for;
(3) Failure
to correct violations in the time period prescribed;
(4) Violations
committed or permitted by the licensed owner and/or the owner’s designated
agent, of any rules, codes, statutes and ordinances relating to, pertaining to,
or governing the license and the premises;
(5) Violations
as specified in the Crime Free Multi-Housing provisions of this ordinance.
b. A
suspended or revoked license shall be reinstated when the circumstances leading
to the suspension have been remedied and a reinstatement fee as set by Council
resolution has been paid.
c. If
the circumstances leading to the suspension have not been remedied within six
months of notification, the rental license shall be revoked.
Subd. 11. Prohibited
Acts. Whoever
does any of the following shall be guilty of a misdemeanor:
a. No
License. Allows occupancy of a residential rental property prior to the
issuance of a license by the City and payment of all applicable fees.
b. Over
Occupancy. Permits a residential rental property to be occupied by more persons
than the residential rental property is certified for.
c. Occupying
Vacated Units. Occupies or allows occupancy of a residential rental property
that was posted and ordered to be vacated.
d. Occupying
Uncertified Bedrooms. Occupies or allows occupancy of a room as a bedroom in a
residential rental property that is not certified as a bedroom and does not
qualify as a bedroom.
e. Inspections.
Failings to allow timely inspection of a licensed or potential residential
rental property, governed by this Chapter.
Subd. 12. Limitation
of Rental Housing Density in Certain Residential Districts.
a. Limitation
in R-1: Single Family Residence District. In the R-1: Single Family
Residence zoning district of the City, no more than fifteen percent (15%),
rounded to the nearest whole unit, of the lots on any block shall be eligible
to obtain certification and a license as a residential rental property. This
shall include homes in which roomers or boarders are taken in by a resident
family. Licenses will be issued on a first come first served basis. If the
density of residential rental properties is reached on a block, once a
previously residential rental property is no longer licensed as a residential
rental property, another property on the block in question becomes eligible to
be a residential rental property. If a residential rental property license has
been suspended or revoked, the appeals period or time for correction must lapse
before another property becomes eligible for a residential rental property
license.
A block is defined as a group of properties
bounded entirely by streets, public land, railroad rights of way, zoning
district lines, corporate limit lines, or physical features such as rivers,
provided that final delineation of a block shall be made by City’s Community
Development Director. When a block is longer than 500 lineal feet or has more
than 13 lots, there shall also be a 250-foot setback between licensed rentals
in addition to the density requirement. When determining the number of eligible
properties on a block, the number shall be the lowest number that results in
15% or more of the residential lots, whether vacant or developed, being rented.
The following table indicated how may lots are able to be certified as rental
based on the number of lots that exist on a block.
|
Lots |
Rentals |
|
Lots |
Rentals |
|
Lots |
Rentals |
|
1-9 |
1 |
|
37-43 |
6 |
|
70-76 |
11 |
|
10-16 |
2 |
|
44-49 |
7 |
|
77-83 |
12 |
|
17-23 |
3 |
|
50-56 |
8 |
|
84-89 |
13 |
|
24-29 |
4 |
|
57-63 |
9 |
|
90-96 |
14 |
|
30-36 |
5 |
|
64-69 |
10 |
|
97-103 |
15 |
In
cases in which one portion of the block is in the R-1 Single Family Residence
District and another portion of the block is in a different zoning district,
only the portion of the block in the R-1 zone is subject to this regulation.
b. Exceptions.
This limitation shall not apply to state licensed residential facilities and to
residential rental properties which are validly licensed as of the date of
adoption of this ordinance.
c. Planned
Unit Development (PUD) District. A person may apply for a PUD to operate a
residential rental property that would otherwise exceed the density limitation
established in the R-1 Single Family Residence District.
Subd. 13. Maintenance
of Records. All records, files, and documents pertaining
to the Rental License Program shall be maintained for five years after the
license expiration, in the office of the City of Sauk Rapids and made available
to the public as allowed or required by the applicable laws, rules, codes,
statutes or ordinances.
Subd. 14. Appeals.
The City Council shall
hear appeals arising from a correction order or a determination by the
Community Development Director related to density and shall make a
determination to affirm, modify or reverse, in whole or in part, such order.
Subd. 15. Appeal
Process. When it is alleged by
any person to whom a correction order or density order is directed that
such order is based upon erroneous interpretation of the applicable rules,
standards, statutes or ordinance or mistake in fact, such person may appeal the
correction order to the City Council.
Such appeal must be in
writing, must specify the grounds for the appeal, must be accompanied by any
filing fee set by Council resolution, and must be filed within twenty (20)
business days after service of the correction order. Upon receipt of the written appeal, the City
shall set a date for a hearing and give the appellant at least five (5) days
prior written notice of the date, time and place of the hearing. By mutual agreement between the appellant and
the Building Official, the five (5) day notice may be waived.
The City Council shall
hear and consider the matter within sixty-days (60) from the filing of an
appeal. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from unless the enforcement
officer certifies that such a stay would cause imminent peril to life, health,
or property.
The City Council shall
issue its recommendation to the Council and the appellant in writing within
thirty-days (30) after the hearing. The
Council shall thereafter affirm, modify or reverse the correction order upon
such terms as the Council deems necessary to accomplish the purposes of this
ordinance. A copy of the decision shall
be mailed to the appellant.
Subd. 16.
Authority. Nothing in this
Section shall prevent the City from taking action under any applicable rule,
standard, statute or ordinance for violations thereof to seek either injunctive
relief or criminal prosecution for such violations as therein provided. Nothing contained in this Section shall
prevent the City from seeking injunctive relief against a property owner or
designated agent who fails to comply with the terms and conditions of this
Section on registration and licensing including an order prohibiting the
occupancy of such rental units until violations of this Section have been
remedied by the property owner or designated agent.
Subd. 17.
Posting. Every licensee of
residential rental property shall conspicuously post a receipted copy of the
current license (in a frame with transparent cover) in a public corridor,
hallway, or lobby of the rental property for which it is issued. For other than
single family dwellings, the licensee must post the license certificate in a
frame with a transparent cover in such a manner so as to be easily viewed and
readable at or near the front entrance of the building for which it was issued.
Subd. 18. Inspection
Access. Property owners and their agents shall permit
the enforcement officer to inspect all premises governed by this ordinance to
determine if the building is operated as a rental property and/or to determine
compliance with the provisions of this section, and shall fully cooperate with
such inspections. The property owners or
their agents shall make reasonable efforts to notify tenants of planned
inspections of their rental units to the extent required by state law.
If an owner, occupant,
or other person in charge of a dwelling, dwelling unit or a multiple dwelling
fails or refuses to permit free access and entry to the structure or premises,
or any part thereof, for an inspection authorized by this section, the inspector
may obtain an order to inspect and/or a search warrant from a court of
competent jurisdiction. Property owners
shall cooperate in the execution of all administrative search warrants and
court orders, including providing access and entry to rented premises where directed to do so.
An authorized representative of the property owner shall be present on
the premises during inspections; however, failure of a property owner to comply
with this requirement shall not deprive the City of the authority to inspect.
Failure of a property
owner to obey any of the requirements of this subdivision shall subject the
property owner to suspension or revocation of license, in addition to other
remedies and/or penalties provided by law.
Any such suspension or revocation shall continue until the inspection
sought has been completed, any violations satisfactorily remedied and any
outstanding fees or penalties have been paid.
Subd. 19. Applicable
Laws. Licensees shall be subject to all applicable
rules, standards, statutes and ordinances; and this Section shall not be
construed or interpreted to supersede any other such applicable rules,
standards, statutes or ordinances.
Subd. 20. Tenant
Identification. Licensees are required to provide names of
tenants occupying rental property when the City of Sauk Rapids, or a Police
Officer submits a written request.
Subd. 21. Tenant Requested Inspection. A tenant may at any time request an inspection
of the rental property in which they currently reside. A fee for such inspection shall be imposed on
the tenant only if the Council finds, by a preponderance of the evidence that
the request made was frivolous or in bad faith.
Subd. 22. Rules, Policies and Procedures. The City Council may
adopt from time to time, by resolution, rules, policies and procedures for the
implementation of this section.
Violation of any such rule, policy or procedure by a property owner
shall be considered a violation of this ordinance.
Subd. 23. Criminal Background Checks.
a. Purpose. The Sauk Rapids City
Council has determined that there are persons residing in rental property in
Sauk Rapids engaging in criminal activity and disorderly conduct that results
in a hostile environment for other Sauk Rapids citizens living near or close to
the rental property. It is the declared
purpose and intent of this section to protect and preserve the City’s
neighborhoods and the public health, safety and welfare of its citizens by
providing a system at the local level for criminal history/background investigation
of prospective tenants.
b. Frequent
Police Calls. Notwithstanding any
finding of the Housing Inspector for other violations of this Ordinance, any
rental property that receives more than three (3) police calls per unit within
a twelve (12) month period, or receives twenty-four (24) police calls or complaints
within a twelve (12) month period for the building, whichever number is less,
may be subject to license suspension, license termination, license non-renewal,
civil penalties, and/or the requirement that property management procedures for
the rental property be modified. The
City Council will consider such penalties and/or actions after providing
written notice and an opportunity to be heard to the owner of the rental
property.
c. Background
Investigations for Prospective Residents.
The
Sauk Rapids Police Department may conduct criminal history/background
investigations on prospective tenants in rental property in the City of Sauk
Rapids upon request by the owner or manager of the rental property. No such investigations shall be conducted
using the State Criminal Justice Data Communications Network (CJDN), and no
information obtained from the CJDN shall be disseminated unless the landlord
presents an Informed Consent/Waiver form signed by the prospective tenant. The Informed Consent/Waiver form must meet
the requirements of Minnesota Statutes Section 13.05, Subd. 4 (d). Each request must be on a form approved or
provided by the Sauk Rapids Police Department.
The applicant shall pay a fee as established by Council resolution or
ordinance.
SECTION 9.04 ACCESSIBILITY CODE
Subd. 1. Application, Administration, and Enforcement. The application, administration, and enforcement of the code shall be in accordance with the Minnesota Rule Chapter 1300. The Code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, Subd. 1, when so established by the City.
The code enforcement agency of this municipality is called the City of Sauk Rapids Building and Assessing Department.
Subd. 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes Section 16B.62, subdivision 1. Permit fees shall be assessed for work governed by the code in accordance with the City’s Fee Schedule. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes Section 16B.70.
Subd. 3. Violations and Penalties. The Building Official designated by the City shall have the authority to issue Stop-Work Orders and administrative penalties for violations of this code. In addition, a violation of this code is a misdemeanor.
Subd. 4. Building Code for Accessibility. The Minnesota State Building Code for Accessibility, established pursuant to Minnesota Statutes Sections 16B.59 to 16B.75, and known as Minnesota Rules Chapter 1341, is hereby adopted as the Accessibility Code in this municipality.
SECTION 9.05 SWIMMING POOL ENCLOSURE
Subd. 1. Definition. For the purposes of this Section an outdoor swimming pool is defined as any permanent or temporary structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing, used in connection with a single family dwelling and having a depth of more than twenty-four (24) inches at any point and a surface area exceeding one hundred fifty (150) square feet.
Subd. 2. Fencing Required Around Outdoor Swimming Pools.
A. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least four (4), but not more than eight (8), feet high and shall be located no less than four (4) feet from the edge of the pool. The bottom of the fence or wall shall be less than four (4) inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self-closing and self-latching lockable gates in good working condition.
B. The enclosure for outdoor swimming pools may utilize a wall or walls of a house or building as part thereof provided the wall or walls are at least six (6) feet high and the enclosure is completed by a fence or wall conforming to the provisions of Subparagraph A hereof.
C. All persons owning or operating an outdoor swimming pool shall comply with this Section within ninety (90) days from the date of publication.
Subd. 3. Prerequisites to Issuance of Building Permit. A building permit shall not be issued for any swimming pool unless the plans for such pool provide for an enclosure as required by this Section.
Subd. 4. Responsibilities of Owner and Occupant. It shall be the responsibility of both the property owner and the occupant of the premises to install and maintain the fences, locks, latches, and gates in good condition and proper working order when water is in the pool, either or both may be deemed in violation of this Section for failure to do so.
Subd. 5. Exceptions. This Section does not apply to: (1) above-ground outdoor swimming pools having at least four foot high, vertical or outward inclined sidewalls provided sole access is by means of a removable ladder, ramp, or stairs, which must be removed when the pool is not in use, or other secured ladder, ramp, or stairs as approved by the City Building Inspector; (2) swimming pools which are wholly enclosed within a building or structure.
SECTION 9.06 HOUSE AND LOT NUMBERING
Subd. 1 House Numbers. The houses and lots along the streets and avenues of the City of Sauk Rapids shall be numbered. The number of any and every house or lot shall be determined by adding together its block number as determined by Subdivision 2 and the tract number as determined according to Subdivision 3 of the tract upon which the same or major portion thereof is situated.
Subd. 2 Block Number. For each and every block, the block number used along streets shall be determined by multiplying one hundred by the number or name of the avenue on the westerly side of such block or if there be no avenue or no avenue number, then by a number one less than the avenue on the easterly side of said block; for each and every block, the block number used along avenues shall be determined by multiplying one hundred by the number of the street along the side of such block nearest to Division Street, numbering north and south from said Division Street, or if there be no street or street named by number, along such side of the block, then by a number one less than the number of the street on the side of the block farthest from Division Street.
Subd. 3 Tract Numbers. Along every street and avenue adjoining any block there shall be a tract number for every 15 feet or major fraction thereof of frontage, which number shall be determined as follows: On the northerly side of the streets and westerly side of the avenues odd numbers only be used as tract numbers. On the southerly side of the streets and easterly side of the avenues even numbers only shall be used as tract numbers. The tract numbers nearest the line mentioned in Subdivision 2 hereof shall be one and two respectively.
Subd. 4 Numbers to be Maintained. Every owner or occupant of any building in the City of Sauk Rapids, used or occupied as a dwelling house, or as a place of business, shall cause the correct number thereof as determined by this ordinance to be placed and maintained thereon in such a manner that it may be read from the adjacent street. Such numbers shall be placed on all building heretofore erected or may be hereafter erected, at or before the time the same is occupied.
Subd. 5 Number Requirements. All figures used in such numbers shall be perfectly formed, neat and permanent, and shall be a minimum height of two (2) inches and position as to be plainly visible and legible from the street or avenue fronting the property.
SECTION 9.07 ELECTRICAL INSTALLATIONS
Subd. 1. ADOPTED BY REFERENCE: The Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 326B, Sections 326B.31 to 326B.399. The Minnesota Electrical Act is hereby incorporated into this ordinance as if fully set out herein. The Minnesota State Building Code incorporates by reference the National Electrical Code pursuant to Minn. R. 1315.0020. All such codes incorporated herein by reference constitute the electrical code of the City of Sauk Rapids.
Subd. 2. INTERPRETATION: For the purpose of interpretation of the provisions of the Electrical Code, 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 Code.
Subd. 3. ELECTRICAL INSPECTOR:
A. Position Created: There is hereby created the office of Electrical Inspector. Such Electrical Inspector shall be subject to the orders and supervision of the City Council. The duties of the Electrical Inspector may be delegated by contract.
B. Duties:
1. Supervision: The Electrical Inspector shall regulate, determine and have general supervision over all electrical apparatus and machinery and the placing and attaching of electric light and power, telephone, telegraph and all other electric wires of any other nature whatsoever, now or hereafter placed, in or in any manner directly attached to any building, tent or other temporary structure within the City limits.
2. Inspections: The Electrical Inspector shall inspect and re-inspect all such electrical apparatus, machinery and wires so as to prevent fires, accidents or injuries to persons or property, and shall cause all such electrical apparatus, machinery and wires to be so constructed, placed, supported and guarded as not to cause fire or accident, or endanger life or property.
3. Scope: Any and all such electrical apparatus, machinery and wires now existing or hereafter constructed and placed shall be subject to such supervision and inspection.
C. Authority: The Electrical Inspector is hereby vested with full authority to enter any building or premises and any manhole or subway at any reasonable time in the discharge of the duties of Electrical Inspector and to enforce compliance with the terms of this Chapter.
Subd. 4. AFFIDAVIT:
A. Affidavit Required; Exception:
1. No person shall enter upon the erection, construction, alteration or change of any electrical installation, work or wiring until an affidavit has been obtained from the office of the Clerk-Treasurer properly filled out and filed with the Electrical Inspector. When required, plans and specifications for the proposed work must be filed with the Inspector before the work is started and during the progress of said work if major changes are instituted.
2. No affidavits shall be required for installations operated and maintained by public utilities in the exercise of their utility functions or for minor repairs, etc., which shall mean the adjustment or repair and replacement of worn or defective parts of electrical fixtures, switches and receptacles; provided, that such minor repairs are made in compliance with accepted standards of construction for safety to life and property, and do not require replacement of wiring to them.
B. Term: If authorized work under an affidavit is not commenced within twelve (12) months after the filing of same or if after partial completion the work is discontinued for a period of one year, the affidavit shall become void and no work shall be done there under until a new affidavit is filed with the Inspector.
C. State License Required; Exception:
1. No affidavit for the erection, construction, alteration or change of any electrical work or wiring shall be accepted from any person unless he/she has a proper valid and subsisting bonded master electrician's license issued by the State Board of Electricity, State of Minnesota. No holder of any such license shall allow his/her name to be used by any other party for the purpose of doing work or filing an affidavit.
2. A person who is capable of doing so may do electrical work in a single-family dwelling owned and occupied by such person as such person's homestead, provided such person fulfills all of the other provisions of this Chapter.
D. False Statements: No person shall make any false statements in connection with the filing of any affidavit with the Inspector.
Subd. 5. INSPECTIONS:
A. Inspection Required: No electrical work or wiring for which an affidavit is issued or required shall be considered complete until inspected and approved by the Inspector.
B. Request For Inspection: The electrical contractor shall file a request for inspection with the Electrical Inspector before any electrical work done by such contractor is covered up or concealed and shall file a request for final approval within forty eight (48) hours after completion of any electrical work done by said electrical contractor.
C. Installations Complete: Before any electric work or wiring, done under affidavits hereafter filed, shall be approved or any certificate of acceptance of the same shall be granted, the said electric work or wiring must be complete.
Subd. 6. INSPECTION FEES:
See MN State Statute 326B.37
Disposition Of Funds: Ten/Fifteen percent (10%--2011, 15%--2012 &thereafter) of the fees shall be withheld by the City for expenses incurred. The balance shall be paid to the Inspector.
Subd. 7. ELECTRICAL AFFIDAVIT FEE SCHEDULE:
See MN State Statute 326B.37
Subd. 8. EXISTING BUILDINGS MOVED, REMODELED OR REPAIRED; COMPLIANCE REQUIRED:
When a building is altered by substantial remodeling, a change in the type of occupancy (or legalizing thereof), an increase in the number of dwelling units therein, by moving the building, or by extensive fire repairs, the wiring system shall also be remodeled to conform to the provisions of the Electrical Code. Permanent service connection will not be released to the local utility on moved buildings until wiring is completed and passes inspection, unless a separate temporary affidavit is filed, in which case temporary service will be released after inspection of service installation.
Subd. 9. TEMPORARY AFFIDAVITS:
The Electrical Inspector may, in his/her discretion, allow a temporary affidavit for a period not to exceed ninety (90) days for the temporary use of electric wiring not in full compliance with the requirements of the Electrical Code. In such cases, this affidavit shall state the methods and materials to be employed and the date upon which such temporary affidavit shall expire and the said temporary wiring removed.
Subd. 10. UNAUTHORIZED CONCEALMENT:
No person having charge of the construction, alteration or repair of any building, nor any other person, shall cover or conceal or cause to be so covered or concealed, any wiring for which an affidavit has been filed or required before the said wiring has been inspected and approved, without having officially notified the Electrical Inspector at least forty eight (48) hours previously.
Subd. 11. DISTURBING WIRING:
No unauthorized person shall cut, disturb, alter or change or cause to be cut, disturbed, altered electric wire cutout, fuse, apparatus, machinery or material or changed any in such a manner as to render the same inoperative, defective or not in accordance with the provisions of the Electrical Code.
Subd. 12. CONDEMNING DEFECTIVE WIRES, APPARATUS, MATERIALS:
Any and all generators, motors, wires or other machinery, apparatus or materials used for electrical purposes which may at any time become so defective as to be likely, in the opinion of the Inspector, to cause potential fires or accidents, or to endanger persons or property, shall be condemned by the Inspector upon written notice to the owner or occupant of said premises which notice shall specify the defective portions of said writing, etc., and the reason for condemnation thereof. When, in the Inspector's opinion, it is deemed necessary, in order to prevent such accident or danger, said Inspector is authorized to disconnect such wires or apparatus or to cause the same to be disconnected from service. Upon such condemnation, the person owning or using the same shall immediately cause the same to be put into safe condition according to said notice.
Subd. 13. RECONNECTING CONDEMNED WIRING OR APPARATUS:
If any person owning or using any electric wires, generators, motors or any other electrical apparatus or material of any other nature whatsoever, which has been condemned by the Inspector, shall fail to have the same put in safe condition and accepted by the Inspector within forty eight (48) hours after the same has been condemned, or within such other reasonable length of time as shall be prescribed by the Inspector, then said Inspector shall remove the fuses, cut the wires or by other means completely disconnect or cause to be disconnected the condemned wires, apparatus or material from the source of electrical energy.
Subd. 14. ACCEPTANCE BEFORE RECONNECTION:
When any electric wires, generator, motors or electrical apparatus or material of any nature whatsoever have been in any manner disconnected and rendered inoperative by the Inspector, as set forth in the foregoing sections, no person shall in any manner reconnect the same or cause the same to be reconnected to any source of electrical energy, or use the same as a part of any electrical system until they have been put in safe condition and a certificate of acceptance has been issued by the Inspector.
Subd. 15. CITY ATTORNEY TO DEFEND:
The Electrical Inspector, when acting in his/her official capacity and within the scope of his/her duties, shall be considered as acting for and in behalf of the City in any lawsuit brought against the Electrical Inspector when so acting. The City Attorney shall represent and defend the Inspector until final determination of the cause.
Subd. 16. PENALTY:
A.
Violation: Every person who violates any provision of this Chapter
shall be guilty of a misdemeanor and subject to penalty as provided
in this Code.
B.
Continued Violation: After conviction for violation of any provision of
this Chapter becomes final, the continued violation of such provision
shall be and constitute a separate offense for each day such
violation shall continue to exist.
C. Noncompliance: If noncompliance by an
electrical contractor is not corrected within twenty (20) days after such
conviction becomes
final, said electrical contractor shall not thereafter qualify to receive
any additional affidavits until proper corrections have been made.