Zoneomics Logo
search icon

St Michael City Zoning Code

CHAPTER 151

BUILDING REGULATIONS

§ 151.01 MINNESOTA STATE BUILDING CODE ADOPTED.

   (A)   Adoption by reference. The Minnesota State Building Code, M.S. §§ 16B.59 through 16B.75, including all referenced amendments, rules and regulations, as the same may be amended from time to time, are hereby adopted by reference except for the optional chapters set forth therein, unless such optional chapters are otherwise specifically adopted by this chapter. The following optional provisions of the Minnesota State Building Code are hereby adopted and incorporated as part of the building code for Saint Michael: none.
   (B)   Application, administration and enforcement. The application, administration, and enforcement of the city’s building code shall be in accordance with the Minnesota State Building Code. The enforcement agency to enforce building codes shall be the City of St. Michael by and through the certified Building Official designated by the City of St. Michael. to administer the building code, pursuant to M.S. § 16B.65, subd. 1.
   (C)   Permits and fees. The issuance of permits and the collection of related fees shall be as authorized in M.S. § 16B.62, subd. 1. Permit fees shall be assessed for work governed by this chapter in accordance with the fee schedule adopted by the City of St. Michael in Chapter 39 of this code. In addition, a surcharge fee shall be collected on all permits issued for work governed by this chapter, in accordance with M.S. § 16B.70.
(Ord. 119, passed 12-22-98; Am. Ord. 0201, passed 2-12-02; Am. Ord. 0304, passed 4-8-03; Am. Ord. 0702, passed 6-26-07)

§ 151.02 BUILDING CODE REGULATIONS.

   (A)   Raising and demolition of buildings. No buildings or structures shall be raised or demolished within the city without first applying for and securing a permit therefor from the Building Official, and paying a fee in the amount duly set by the City Council from time to time.
   (B)   Plans and specifications.
      (1)   With each application for a building permit, and when required by the Building Official for enforcement of any provisions of this code, two sets of plans and specifications shall be submitted, together with a certificate of survey of the lot upon which the proposed building or construction is to be done.
      (2)   All plans and specifications, except for single-family dwellings or any other buildings the total cost of which does not exceed $30,000, or for any other building exempted by statute, shall be prepared and signed by a registered architect or a registered professional engineer duly qualified by registration as required by M.S. § 326.02.
   (C)   Certificate of survey. The certificate of survey shall provide the following information and be attested to by a registered land surveyor duly qualified by registration as required by M.S. § 326.02.
      (1)   Scale of drawing.
      (2)   Legal description.
      (3)   Dimensions of the lot and north arrow.
      (4)   Dimensions of front, rear and side yards.
      (5)   Locations of all existing buildings on the lot.
      (6)   Location of the proposed buildings or construction.
      (7)   Location of stakes established by the surveyor along each side lot line a distance of 35 feet, and 65 feet from the front lot corners. The maintenance of these stakes, once established by the surveyor, shall be the responsibility of the building permit applicant.
      (8)   Location and elevation of any existing foundation(s) and/or drain ways adjacent to the parcel.
      (9)   The location of all easements as shown on record plats.
      (10)   Grade elevations of the following points:
         (a)   Each lot corner, either existing or proposed.
         (b)   Crown of proposed streets at each lot line extended.
         (c)   Proposed lawn and driveway elevation at the street side of the building (driveway slopes shall not exceed 10% slope).
         (d)   Any catch basin or manhole.
         (e)   Any emergency overflow point.
         (f)   Top of foundation, garage floor, lowest floor, and lowest opening.
         (g)   Elevations shall be based on sea level datum, and shall be tied by the surveyor to a benchmark. The elevation shall be obtained from the developer and the approved grading plan. When there is no development grading plan, the City Engineer shall assist in establishing a benchmark elevation.
         (h)   An emergency spillway (emergency outlet) from ponding areas shall be installed a minimum of one foot below the lowest building opening and shall be designed to have a capacity to overflow water at an elevation below the lowest building opening at a rate of not less than three times the 100-year peak discharge rate from the basin or the anticipated 100-year peak inflow rate to the basin, whichever is higher as determined by the City of St. Michael Engineering Guidelines and the Comprehensive Storm Water Management Plan.
         (i)   The high water levels of the storm water ponding areas shall be based on a 100-year storm. The minimum freeboard above the established high water levels for the lowest building floor shall be two feet as determined by the City of St. Michael Engineering Guidelines.
      (11)   The proposed disposal or drainage of surface waters (drainage arrows shall indicate the direction of surface water).
         (a)   A permit is issued with the expectation that the relative elevations of the proposed lot and the established or proposed street grade shall not conflict in such a manner as to cause damage by altering the drainage or flow of surface waters to the street or nearby streets or to adjacent or nearby premises.
         (b)   All grades on drainage swales and driveways shall have a minimum of 2% slope.
         (c)   All grades shall be maximum 3:1 slope. Grades exceeding 3:1 shall require retaining walls or approved soil retention methods. When retaining walls are required, location and height shall be noted. Retaining walls in excess of four feet shall require and engineered design approved by the City Engineer.
         (d)   The City Building Official may deny a permit for the construction of a building or structure upon ground determined by the Building Official to be too low for proper drainage. In the course of construction, alteration, repair or moving of any building or structure, no obstruction, diversion, ridging or defining (temporary or permanent) of the existing channel or any natural waterway through or over which any lake, stream or surface water naturally flows shall be made without approval of the City Engineer or other city officials in possession of such information.
(Ord. 0201, passed 2-12-02; Am. Ord. 0702, passed 6-26-07)

§ 151.03 GAS FITTING AND HEATING, VENTILATION AND AIR CONDITIONING

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      GAS FITTER. Any person engaged in the business of installing, altering, repairing, testing or extending any fuel tanks, power plants, gas or oil burners, gas or oil piping, or gas appliance items or connection.
      HEATING, VENTILATION AND AIR CONDITIONING. Any person engaged in the business of installing, altering and repairing all heating, ventilation and air conditioning appliance items, connections and appendages, no matter what the fuel source.
      PERSON. Any individual, firm, partnership, association, corporation, limited liability company or other entity.
   (B)   City requirements. No person engaged in the business of gas fitter or gas fueled heating, ventilation and air conditioning within the city shall obtain a building permit from the city for each job to be performed. No such person shall be issued a building permit unless the following requirements are met:
      (1)   Such person has paid the city an annual processing fee in such amount as set by the City Council from time to time.
      (2)   Such person provides proof that a bond has been filed with the State Department of Labor and Industry as required by M.S. § 326.992.
      (3)   Such person files with the Building Official a certificated of insurance, issued by an insurance company licensed to do business in the State of Minnesota, evidencing that such person maintains public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the work of such person or the work of its subcontractors or by one directly or indirectly employed by such person. The minimum limits of coverage for such insurance shall be:
         (a)   Each claim, at least $100,000.
         (b)   Each occurrence, at least $300,000.
         (c)   Property damage, at least $100,000.
      Such insurance shall be kept current and shall provide for written notification to the city at least 15 days prior to termination, cancellation or material change.
   (C)   No person that has been issued a building permit by the city shall allow any other person to use its permit for doing any work covered by the provisions of this chapter.
   (D)   A person engaged in the business of installation, alteration or repair of non-gas heating, ventilation and air conditioning appliance items, connection or appendages may be issued a building permit by the city without showing compliance with the requirements set forth in division (B)(1) and (B)(3).
(Am. Ord. 0201, passed 2-12-02; Am. Ord. 0702, passed 6-26-07)

§ 151.04 ELECTRICAL REGULATIONS.

   (A)   Purpose; application of this section.
      (1)   The purpose of this section is to implement the provisions of the Minnesota State Building Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code.
      (2)   The provisions of this section shall apply to all installations of electrical conductors, fittings, devices, fixtures hereinafter referred to as "electrical equipment", within or on public and private buildings and premises, with the following general exceptions. The provisions of this section do not apply to the installations in mines, ships, railway cars, aircraft, automotive equipment or the installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this section.
      (3)   As used in this section, REASONABLY SAFE TO PERSONS AND PROPERTY as applied to electrical installations and electrical equipment means safe to use in the service for which the installation or equipment is intended without unnecessary hazard to life, limb or property.
      (4)   For purposes of interpretation of the provisions of this section, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions and scope of words and terms used in this section.
   (B)   Electrical inspector, qualifications and appointment.
      (1)   Creation; qualifications. There is hereby created the office of Electrical Inspector.
      (2)   The person chosen to fill the office of Electrical Inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his or her duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property; the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof; and the National Electrical Code as approved by the American Standards Association; shall have two years' experience as an electrical inspector or five years' experience in the installation of electrical equipment, or a graduate mechanical or electrical engineer with two years of practical electrical experience.
         (a)   Licensed inspector. The Electrical Inspector shall be a licensed master or journeymen electrician as defined under Minnesota Statutes.
         (b)   Duties of the Electrical Inspector. It shall be the duty of the Inspector to enforce the provisions of this section. The Inspector shall, upon application, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this section. The Inspector shall keep complete records of all permits issued, inspections and reinsertions made and other official work performed in accordance with the provisions of this section.
         (c)   No financial interest. It shall be unlawful for the Inspector to engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and the Inspector shall have no financial interest in any concern engaged in any such business.
         (d)   Authority of Electrical Inspector. The Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of his or her official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the Inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Inspector to place such equipment in safe condition. If such work is not completed within 15 days or any longer period that may be specified by the Inspector in the notice, the Inspector shall have the authority to disconnect or order discontinuance of electrical service to the electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the Fire Department, the Inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment.
   (C)   Standards for electrical equipment installation.
      (1)   All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this section and the applicable statutes of the state and all orders, rules and regulations issued by the authority thereof. All electrical equipment shall be listed and labeled by a testing agency.
      (2)   Conformity of installations of electrical equipment with applicable regulations set forth in the current National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that such installations are reasonably safe to persons and property. Noncompliance with the provisions of this section or the National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to persons and property.
      (3)   The Electrical Inspector may, with approval of the Building Official, authorize installations of special wiring methods other than herein provided for.
      (4)   Buildings or structures moved from without to within and within the limits of the city shall conform to all of the requirements of this Code for new buildings or structures.
      (5)   Existing buildings or structures hereafter changed in use shall conform in all respects to the requirements of this Code for the new use.
   (D)   Connections to installations.
      (1)   It shall be unlawful for any person to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the Electrical Inspector.
      (2)   The public or private utility providing services shall disconnect the same upon a written order from the Electrical Inspector, if the Inspector considers any electrical installation unsafe to life and property or installed contrary to this Code.
   (E)   Permits and inspectors.
      (1)   Permit required. An electrical permit is required for each installation, alteration, addition or repair of electrical work for light, heat and power within the limits of the city. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the state. Permits for the installation, alteration, addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the state or to resident owners of property where the work is to be done.
      (2)   Public service corporation exception. No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of its function as a utility, except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code.
      (3)   Ownership. Ownership of any transmission or distribution lines or appurtenances thereto, including, but not limited to, transformers, shall not be transferred by a public service corporation to any person, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the city. Such permit shall be issued only after the facilities to be transferred have been inspected and approved as provided in this section and upon payment of an inspection fee as set forth in this section of the section.
      (4)   Application and plans. Application for such permit, describing the electrical work to be done, shall be made in writing, to the city by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the electrical installation as described will be in conformity with all the legal requirements. The fees for electrical inspection as set forth in this section shall accompany such application. If applicant has complied with all of the provisions of this section, a permit for such electrical installation shall be issued.
      (5)   Concealment. All electrical installations which involve the concealment of wiring or equipment shall have a "rough-in" inspection prior to concealment, wherein the Inspector shall be duly notified in advance, excluding Saturday, Sunday and holidays.
      (6)   Inspection fees.
         (a)   Permits required. Before commencing any installation of any work regulated by this section, a permit therefore shall be secured from the Building Department and the fee for such permit paid. The fees schedule set forth in M.S. § 326B.37 is adopted by reference and incorporated herein. No such permit shall be issued to do any of the work or make any installation regulated by this section except to persons licensed to do such work under the terms of this section. Holders of a contractor's license shall not obtain permits for electrical work unless the work is supervised by them and is performed by workers employed by them or their firm.
         (b)   Fees double, when. Should any person begin work of any kind, such as set forth in this section, or for which a permit from the Electrical Inspector is required by ordinance, without having secured the necessary permit therefore from the Inspector of Buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where the work is commenced on a Saturday or on a Sunday or a holiday, he or she shall, when subsequently securing such permit, be required to pay double the fees provided for such permit.
         (c)   Additional fees and/or shortages. Additional fees and/or fee shortages must be received by the city within 14 days of written notice. If additional fees and/or fee shortages are not received within 14 days of notice, permits for electrical installations will not be accepted by the city until such time as the additional fees and/or fee shortages are received.
      (7)   Electrical inspections.
         (a)   At regular intervals, the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed under such a permit since the day of his or her last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this section, after the fee required has been paid.
         (b)   When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the Electrical Inspector and the equipment shall not be concealed until it has been inspected and approved by the Electrical Inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of the scheduled inspection; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work.
         (c)   If upon inspection, the installation is not found to be fully in conformity with the provisions of this section, the Electrical Inspector shall at once forward to the person making the installation a written notice stating the defects which have been found to exist.
(Ord. 1104, passed 7-7-11)

§ 151.05 VIOLATION AND PENALTY.

   A violation of any part of this chapter shall be a misdemeanor, pursuant to M.S. § 16B.69.
(Ord. 0702, passed 6-26-07)