Receive Presentation on Update to Minnesota State Building Code

The purpose of this case is to present the current schedule for rulemaking authorized by the Minnesota Legislature for the Department of Labor and Industry (DLI) to update portions of the Minnesota State Building Code. It is not the intent of this case to seek official comments to forward to DLI. Staff believes, after review of the draft rules, that it is appropriate to allow the State rulemaking process determine the outcome of these items. Staff will provide a brief presentation to the City Council that will focus on the update schedule. 

This case contains a large amount of material for reference purposes. Please note that the chapters and draft rules are not included in this agenda packet due to lack of electronic media availability and file size. The full rulemaking docket can be found at http://www.dli.state.mn.us/RulemakingCCL.asp. The current discussion applies to two (2) chapters in the rulemaking process:
 

1. Chapter 1309: Adoption of the International Residential Code (IRC)
2. Chapter 1300: Administration of the State Building Code

Minnesota Statute Chapter 326B is the basis for construction codes and licensing within the State of Minnesota. The State of Minnesota has adopted the model codes of the International Code Council (ICC). The State of Minnesota then amends the model standards of the ICC to meet the local needs of the State. The State Building Code currently has adopted the 2006 ICC chapters, with a number of amendments (the number of pages of the State Building Code is significantly less than the full ICC materials).

The City is required to adopt the State Building Code per Minnesota Statute Chapter 326B. Chapter 105 of the Ramsey City Code, entitled Buildings and Building Code Regulations, incorporates the State Building Code by reference. The City has adopted the 'self-perpetuating' model, meaning that the most recent version of the State Building Code is automatically incorporated by reference upon adoption. Even without this clause, the City would be required to administer the current version of the State Building Code. The adoption in City Code by ordinance provides the City the necessary legal process to properly administer the Code.

A Hearing on the draft rules has been scheduled for December 12, 2013 for Chapter 1309 (residential code) and for January 10, 2014 for Chapter 1300 (administration).

One topic of significant discussion leading up to, and as part of the rulemaking process has been potential amendments to fire sprinkler standards. Staff will provide additional detail regarding this topic as the process unfolds and as necessary.

In previous City Council discussions regarding permit requirements and fees, a question was raised regarding a sunset clause in 2008 whereby certain communities that currently had adopted the State Building Code were no longer able to repeal the adoption of the State Building Code. This clause did not apply to Ramsey, as the community already fell within the threshold of communities that were previously required to adopt the State Building Code. Prior to 2008, the State Building Code applied statewide. In the State Building Code as it existed in 2001, an exemption existed for portions of the State Building Code for counties that were not located within the metropolitan area. As Ramsey is located in the defined metropolitan area, Ramsey was required to adopt the State Building Code prior to 2008. See the attached exhibit entitled 'Effective Dates of Minnesota Code and Rule Adoption'.

Of additional note, Staff is working on scheduling a Contractor Networking Event. The purpose of this event is three-fold; 1) provide a networking opportunity for contractors, subcontractors and City Staff, 2) provide an opportunity for local contractors and City Staff to obtain required continuing education credits, and 3) provide a forum for contractors to suggest improvements to City standards and processes. The event is also planned to have a presentation on the status of the update to the State Building Code. It is the hope that this event can parallel the update to the State Building Code by also providing an opportunity to improve the City's service delivery, based on customer feedback.

The separate chapters of the Minnesota State Building Code will be updated individually over the next twelve (12) + months.

The first chapter to be considered for update, Chapter 1309, is the section pertaining to one and two-dwelling buildings. The Hearing is scheduled for December 12, 2013.

The next chapter to be considered for update, Chapter 1300, is the administrative chapter of the Minnesota State Building Code. A hearing has been scheduled for January 10, 2014.

Review of the rulemaking process is being handled as part of normal Staff duties.

The Community Development Department is responsible for the administration of the State Building Code.

The desired outcome of this topic report is to update the City Council on the current rulemaking process related to the update to the Minnesota State Building Code.