Osseo City Zoning Code

CHAPTER 150

BUILDING REGULATIONS; CONSTRUCTION

§ 150.01 STATE REGULATIONS ADOPTED BY REFERENCE.

(A) Purpose and intent. This chapter adopts the Minnesota State Building Code and provides for the application, administration, and enforcement of the Minnesota State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in the City of Osseo; provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; creates local statutes for plumbing permit administration, plan review, and inspections; repeals all ordinances and parts of ordinances that conflict therewith.

(B) Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to M.S. Ch. 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Construction Codes and Licensing Division, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this chapter. This chapter shall perpetually include the most current edition of the Minnesota State Building Code, which is hereby incorporated in this chapter as if fully set out herein.

(Am. Ord. passed 6-10-2003; Am. Ord. 2025-02, passed 3-24-2025)

§ 150.02 APPLICATION, ADMINISTRATION, AND ENFORCEMENT.

(A) 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 incorporated limits of the city.

(B) The code enforcement agency of the City of Osseo is called the Building Department. This code shall be enforced by the Minnesota Certified Building Official designated by the City of Osseo to administer the code in accordance with M.S. § 326B.133, Subd. 1.

(Am. Ord. passed 6-10-2003; Am. Ord. 2025-02, passed 3-24-2025)

§ 150.03 PERMITS AND FEES.

The issuance of permits and the collection of fees shall be as authorized in Minn. Rules Ch. 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City of Osseo.

(Ord. 2025-02, passed 3-24-2025)

§ 150.05 BUILDING CODE OPTIONAL CHAPTERS.

Minnesota State Building Code, Ch. 1300, allows the City of Osseo to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the Building Code:

(A) Minn. Rules Part 1306.0020, Subp. 2 - Special Fire Protection Systems for Existing and New Buildings; and

(B) International Building Code (IBC), Appendix Ch. J, Grading.

(Ord. 2025-02, passed 3-24-2025)

§ 150.07 PLUMBING PERMIT ADMINISTRATION, PLAN REVIEW, AND INSPECTIONS.

(A) Application to private property. All plumbing on private property within the city must comply with the provisions of the State Building and Plumbing Code and this chapter.

(B) Plans and specifications. Prior to the installation of a system of plumbing other than for a single-family dwelling, complete plans and specifications, together with any additional information that the Building Official may require, must be submitted and reviewed by the Building Official or their designee prior to the issuance of permits and installation. Construction cannot proceed except in accordance with approved plans and specifications. Any alteration, extension, or repair of an existing system is subject to these same requirements, unless waived by the Building Official in accordance with Minn. Rules Part 1300.0215.

(C) Exceptions. Pursuant to M.S. § 326B.43, Subd. 2(n), plumbing plans and specifications for the following projects must be submitted to the Minnesota Department of Labor and Industry for a full plan review:

(1) State-licensed facilities as defined in M.S. § 326B.103, Subd. 13;

(2) Public buildings as defined in M.S § 326B.103, Subd. 11; and

(3) Projects of a special nature for which department review is requested by either the municipality or the state.

(D) Inspections. New plumbing systems or parts of existing plumbing systems that have been altered, extended, or repaired shall be inspected, tested, and approved by the Building Official or their designee in accordance with Minn. Rules Part 1300.0215 before the plumbing system is put into use. The Building Official shall perform the final inspection and witness the test. The Building Official shall approve the plumbing system if the system complies with the requirements of this code, any permit requirements, and the requirements of any approved plans and specification. Plumbing system tests shall comply with Minn. Rules Ch. 4714.

(E) Covering of work. No building drainage or plumbing system or part thereof shall be covered until it has been inspected, tested, and approved as herein prescribed.

(Ord. 2025-02, passed 3-24-2025)

§ 150.18 UTILITY EXCAVATIONS; PERMIT; DEPOSIT; INSPECTION.

(A) Permit required. Before any work is performed which includes cutting a curb or excavation on or under any street curbing a permit shall be applied for from the city. The Public Works Department shall verify the location of the water main 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. The specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of work. The permit holder and property owner shall be jointly and severally liable for any costs of restoration incurred by the city which exceed the amount of the forfeiture of deposit under division (E) of this section.

(B) Deposit required.

(1) Where plans and specifications indicate that proposed work includes connection to sanitary sewer, water main, a curb cut, or any other disruption that may cause damage to the facilities of the city, the application for a permit shall be accompanied by a cash deposit in an amount to guarantee that all restoration work will be completed and city facilities left in an undamaged condition. The city shall determine the amount of the deposit on a case by case basis.

(2) The requirement of a cash deposit shall not apply to any public utility corporation franchised to do business within the city.

(1) Before any backfilling is done in an excavation approved under this section, the city shall be notified for a review of the conditions of construction.

(2) During and after restoration, the City Engineer or a designated agent shall inspect the work to assure compliance.

(D) Return of deposit. The Public Works Director shall authorize a refund of the deposit when restoration has been completed to satisfactory compliance with this section.

(E) Forfeiture of deposit. Any person who fails to complete any of the requirements shall forfeit to the city a portion of the deposit as is necessary to pay for having the work done.

(1997 Code, § 23.07) Penalty, see § 150.99

§ 150.19 BUILDING SITE REQUIREMENTS.

(A) General. In addition to the provisions of this section, all building site requirements of Ch. 153 of this code, the city’s zoning code, shall be followed before a building permit may be issued.

(B) 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 rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available.

(C) Trailer prohibitions. Except in a trailer or mobile home park, the removal of wheels from any trailer through the construction of a foundation or the enclosure of the space between the base of the trailer 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.

(D) Equipment and material storage. No construction equipment or material pertaining to construction shall be stored on any property within the city without a valid building permit.

(E) 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, addition, 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 10:00 p.m. Nothing in this chapter shall be construed to prevent any work necessary to prevent injury to persons or property at any time.

(F) Alternate hours work permit. Applications for an alternate hours work permit shall be made in writing to the Building Official 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 that work, as well as the estimated time of the proposed operations. No permit of this type shall be issued excepting where the public welfare will be harmed by failure to perform the work at the times indicated.

(G) 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.

(1997 Code, § 23.08) Penalty, see § 150.99

§ 150.21 WATER AND WATERWAY ALTERATION; PERMIT.

(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

WATERS or WATERWAYS. Includes all waters of the state as defined by M.S. §§ 103G.005, Subd. 15 and 103G.201, as they may be amended from time to time, 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.

(B) 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.

(C) Application for permit. Applications for permits required by the provisions of this section shall be in writing upon printed forms furnished by the Administrator-Clerk-Treasurer.

(D) 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 a topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water-handling facilities.

(E) Fees. A fee, established by the Council by resolution from time to time, shall be paid to the city upon the filing of an application for a permit required by the provisions of this section to defray the costs of investigating and considering that application.

(1997 Code, § 23.10) Penalty, see § 150.99

§ 150.30 AUTHORITY TO INSPECT.

The city hereby provides for the inspection of all electrical installations, pursuant to M.S. § 326B.36, Subd. 6.