HomeMy WebLinkAbout7.e. Amendment to City Code - Uniform Fire Code & State Building Codes �
I Chapter 2'
Excavations and Grading
SECTION:
9-2-1:
Uniform Building Code
Adopted
9-2-1:
Special Requirements
9-2-3:
Variances Provided
9-2-4:
Violations, Enforcement,
Penalty
9-2-1:
Uniform Building,. Code Appendix
Adopted:
Appendix
Chanter 70
entitled "Excavation and Grading."
of the
current
edition of the
Uniform Building Code is hereby
adopted by reference
and shall govern
permit issuance and regulations
for all grading
and excavatignns.
9-2-2:
S_peci,_ al Requirements: The
Building Official
may impose
additional
conditions and special regnirements consistent
with
the intent_ and
purpose of this Chapter including_
but not
limited
to fencing and-
ndscreening
screeningexcavation and grading
sites where
protection
of Public
welfare public interest and property
warrants
such action.
9-2-1 is 0 9-2-1
CHAPTER 2
EXCAVATIONS
SECTION:
9-2-1: Permit Provisions
9-2-2: Permittee Responsibility; Conditions of Permit
9-2-3: Variances Provided
9-2-4: Violations, Enforcement, Penalty
9-2-1: I'LRMI't' PROVISIONS:
A. Requirement: No person shall fill, excavate, dig or raise or lower the
grade of the surface of the earth nor open any pits or excavated areas in
the earth if the foregoing has an area of more than five hundred (504)
square feet or a depth of more than three feet (3') without first obtaining
a permit as herein provided.
B. Exceptions to Permit Requirement: The following are exceptions to the
permit requirement in subsection A:
1. Any such excavation now being lawfully operated and maintained
shall have a period of one year from and after the date of passage hereof
within which to make an application for a permit in accordance
herewith.
2. No permit shall be required of anyone filling for any purpose for
which he shall have previously applied for and obtained a dump permit.
3. No permit shall be required of anyone making any excavation or
grading for any purpose for which he shall have applied for and obtained
a sewage disposal system permit.
4. No permit shall be required for public constructing or maintaining a
road or highway.
C. Application Information: Application for a permit shall be made in
writing and the applicant shall furnish such information as shall be
required by the Council and among other things, state:
9-2-1 • 9-2-1
C) 1. The full legal description of the location of the land where the pit, fill
or excavation is, or is to be made, and also a full legal description of the
location on such land of the pit, excavation or fill.
2. The true name and address of all parties who have, or expect to have,
a proprietary interest therein.
3. The roads or highways within the City limits over which it is
anticipated material is to be normally hauled or carried to or from the pit,
excavation or fill.
4. The estimated time when filling or removing will begin and be
completed.
D. Map or Plat Filing Requirement: The City Council shall require a
topographical map of the proposed excavation pit or fill to be made and
filed with the application before acting on the same. Such map among
other things should show the confines or limits thereof together with
proposed depths of said excavation and the different parts thereof; the
location on said property of any existing or anticipated office buildings,
garages, stone crushing equipment, washing equipment or stockpiling
and loading equipment; the location of all access roads from existing
City and County roads and such other pertinent information as the City
Council deems necessary. The applicant shall also submit with his
application a layout showing the planned setbacks, slopes, screening
and grade.
E. Examination of Application: Upon receipt of an application for a permit,
the City Council shall examine the same with the purpose of protecting
and preserving the health, safety and general welfare of the inhabitants
of the City.
F. Fees: A permit fee in the sum of two hundred fifty dollars ($250.00) in
the form of a certified check or cash shall be submitted with an
application for a permit. In the case of minor excavations or fillings
where the earthly deposits removed from or filled in do not exceed ten
thousand (10,000) cubic yards per year, in any ,given calendar year, the
permit fees shall be only ten dollars (510.00). In the event application for
a permit shall be denied, the permit fee will be returned to the applicant
less any expenses incurred by the City in investigating said application.
(Ord. XVI -4, 5-18-71)
G. Renewal, Fee: Each holder of a permit under the terms of this Chapter,
except holders of permits issued for minor excavations or fillings, shall
apply to the Council for a renewal permit biennially, at least sixty (60)
days prior to the expiration date. The renewal fee shall be two hundred
fifty dollars ($250.00). (Ord. XVI -4, 5-18-71; amd. 1983 Code)
9-2-2 i • 9-2-3
9-2-2: PERMITTEE RESPONIBIL TY; CONDITIONS OF PERMIT:
The Council as a prerequisite of a permit, or after such permit has
been granted, shall require the applicant to whom such permit issues, or the
owner or user of the property on which the open pit, excavation or fill is, or is to
be, located to:
A. Comply with setback from the center of any road of a minimum of one
hundred feet (100') or from any adjoining property line of a minimum of
fifty 'feet (50'), provided, however, that the Council may vary the
minimum requirements to greater or lesser distances when conditions
warrant.
B. Slope the banks in a ratio of one to one (1:1), or less gradual, and
otherwise properly guard and keep any pit or excavation or fill in such
condition as not to be dangerous from caving or sliding banks, and
when filling or removal operations are completed permanently, slope the
banks at least in a three to one (3:1) ratio.
C. Properly fence any pit or excavation as required by the Council.
D. Properly drain, fill or level any pit or excavation, after created, so as to
make the same safe and healthful in such manner as the Council shall
determine.
E. Keep any pit, excavation or fill within the limits for which the particular
permit is granted.
F. Screen such excavation, pit or fill with suitable trees and landscaping.
G. Use such devices and methods as are practicable to control noise and
dust.
H. Take such precautions as are necessary to keep all public roads regularly
used in hauling, operating in a reasonably dust -free condition and in the
case of gravel surfaced roads, to treat such road surfaces with proper
chemicals as may be necessary to comply with the requirements of this
Section.
I. Cut all weeds about the premises.
J. Furnish a permit bond or cash deposit in such sum as the Council may
require, indemnifying the Council, conditioned on compliance with the
terms and provisions of this Chapter and the conditions of any permit
issued pursuant thereto.
9-2-3: VARIANCES PROVIDED:
Where
the Council
finds
that
hardships may result from
strict
compliance
with
these
9-2-3 0 0 9-2-4
regulations or that unusual topographical conditions exist, it may vary these
regulations so that substantial justice may be done and the public interest
secured, provided that such variation will not have the effect of nullifying the
intent and purpose of this Chapter.
9-2-4: VIOLATIONS, ENFORC1 M1;NT, t'1 NALTYs
A. Enforcement by City: The Council may, for failure of any person to
comply with any requirements made of him in writing under the
provisions of Section 9-2-2, as promptly as the same can reasonably
be done, proceed to cause such requirement to be complied with, and
the cost of such work shall be taxed against the property whereon the
pit, excavation or fill is situated; or the City may at its option proceed to
collect such costs by an action against the person to whom such permit
has been issued, and his superiors, if a bond or cash deposit exists.
(Ord. XVI -4, 5-18-71)
B. Penalty: Any person who shall refuse, neglect or fail to comply with any
requirement under the provisions of Section 9-2-2 or any of the
provisions of this Chapter, as promptly as the same can reasonably be
done, shall be guilty of a violation of this Chapter, and in addition
thereto, the failure to comply with such an order, after notice, and the
maintaining thereafter of a pit, excavation or fill shall be prima facie
evidence of negligence, in any action by a person thereafter injured or
damaged as to person or property as a result of such violation. Violators
shall be punished by a fine. of not more than five hundred dollars
($500.00) or be imprisoned in the County jail for not more than ninety
(90) days, or both. Each ten (10) days of violation shall constitute a
separate offense and shall be punished accordingly. (Ord. XVI -4,
5-18-71; amd. 1983 Code)
0 Chapter 1
^Z 7�
Building Code
SECTION:
9-1-1: State Building Code Adopted
9-1-2: Permits, Certificates, Fees
9-1-3: Violations and Penalties
9-1-1: State Building Code Adopted: The current edition of the Minnesota
State Building Code as adopted by the Minnesota Department of
Administration Building Codes Division and optional Appendix Chapter
70 of the Uniform Building Code are hereby adolted as the Building,
Code of the City.
9-1-2: Permits, Certificates, Fees:
A. Building Permits: No person shall erect, construct, enlarge, alter, . repair,
move, improve, remove, convert or demolish any building or structure in the
City or cause the same to be done, without first obtaining a separate
building permit for each such building or structure from the Building
Inspector. the--mirrtmern- #ee--#or--a3� - pex�it--shall--be--five-�crllar-4$3:9B};
�tn�ess-�v$tved-��-the-Citi-Eenrreil: --ford: ��I�-I:�; 3-�..'�5--amcl: -183-E�de3
B. Certificate of Occupancy:
1. Use or Occupancy. No building or structure in groups A. B. E. H. I and
R, ioel%ive, shall be used or occupied, and no change in the existing
occupancy classification of a building . or structure or portion thereof
shall be made until the Building Official has issued a certificate of
occupancy therefor as provided herein
9-1-1 • 9-1-2
CHAPTER 1
BUILDING CODE
SECTION:
9-1-1: State Building Code Adopted
�.. 9-1-2: Permits, Certificates, Fees
9-1-3: Violations and Penalties
9-1-1: STATE BUILDING CODE, ADOPTF.U: The Minnesota State
Building Code and its Appendix "A" and Appendix "B" is hereby'
adopted as the Building Code of the City.' (Ord. XVI11.1,
12-18-73)
-- 9-1-2: PE11MITS, CE110'IFICATEN, FIGS:
A. Building Permits; No person shall erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish any building or structure in
the City or cause the same to be done, without first obtaining a separate
building permit for each such building or structure from the Building
Inspector. The minimum fee for any permit shall be five dollars ($5.00),
unless waived by the City Council. (Ord. XVIII.2, 5-1-75; amd. 1983
Code)
B. - Certificate of Occupancy:`
1. Use or Occupancy. No building or structure in groups A to 1,
inclusive, shall be used or occupied, and no change in the existing
`--' occupancy classification of a building or structure or portion thereof
shall be made until the Building Official has issued a certificate of
occupancy therefor as provided herein.
2. Certificate Issued. After final inspection when it is found that the
building or structure complies with the provisions of this Chapter, the
Building Official shall issue a certificate of occupancy which shall
contain the following:
1. M.S.A. §§16.$3 et seq.
9-1-2 • 9-1-3
132) a. The building permit number.
b. The address of the building.
c. The name and address of the owner.
d. A description of that portion of the building for which the
certificate is issued.
e. A statement that the described portion of the building
complies with the requirements of this Chapter for group of occupancy
in which the proposed occupancy is classified.
f. The name of the Building Official.
3. Temporary Certificate. A temporary certificate of occupancy may be
issued by the Building Official for the use of a portion or portions of a
building or structure prior to the completion of the entire building or
structure.
4. Posting. The certificate of occupancy shall be posted in a
conspicuous place on the premises and shall not be removed except by
the Building Official. (Ord. XVIII.2, 5-1-75)
C. Fees: The City Council shall, by resolution, adopt a fee schedule.
9-1-3: VIOLATIONS AND PENALTIES: It shall be unlawful for any
person to erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain any building or
structure in the City, or cause the same to be done, contrary to or in violation of
any of the provisions of this Chapter. (Ord. XVIIIA, 12-18-73)
Any person violating any of the provisions of this Chapter shall be deemed
guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this Chapter is committed,
continued or permitted, and upon conviction of any such violation such person
shall be punishable by a fine of not more than five hundred dollars ($500.00), or
by imprisonment for not more than ninety (90) days, or by both such fine and
imprisonment. (Ord. XVIIIA, 12-18-73; amd. 1983 Code)
Chapter 1 Zl Vie-
Fire Code
SECTION:
6-1 -1: Uniform Fire Code Adopted
6-1-2: Enforcement and Administration of Code
6-1-3: Definitions
6-1-4: New Materials, Processes, Occupancies
6-1-5: -Storage Limits for Hazardous Substances
6-1-6: Penalties
6-1-1: Uniform Fire Code Adopted: There is hereby adopted by the City
Council for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that certain Code
known as the current edition of the Minnesota Uniform Fire Code as
adoRted by the Minnesota State Fire Marshal's Office, save and except
such portions as are hereinafter deleted, modified or amended by this
Chapter, of which Code not less than three (3) copies have been and
are now filed in the office of the Clerk and the same are hereby
adopted and incorporated as fully as if set out at length herein, and
from the date on which this Chapter shall take effect, the provisions
thereof shall be controlling within the limits of the City.
6-1-5: Storage Limits for Hazardous Substances:
B. Liquified Petroleum Gases, Bulk Storage: the--1}wits--re€efxed-ta-in-eeEian
2-01(}Sfa}-e#�-t-hc�-Mtt�eset�--U+�}fErrn►--mire-�-0de;--rg---w-1�-i�-h--bd-1-k--stoFage--of ;
liE}x�ied-petroleirrn-has-is--res��ted;-ere--hereby-esal�Eished-a-foflo�vs Area
�vesE-o-€-,�4lFro$-flvoe e--*i+h4-a-tire-4C- -i-t-y.
1. Bulk storglae limited to 500 gallon water capacity maximum in residential
installations and 1.000 gallon water capacity maximum in -non-residential
installations excepting installations necessary to industrial
operations.
2. Separation from house and structures a minimum of jorty (401 Jeet,
setback from property lines a minimum of ten (1) feet separation from
other L.P.or combustible liquid tanks a minimum of fifty, (50) feet with
staggered alignment of neighboring tanks.
3. Storage tanks must be installed by a dealer or supplier with
demonstrated competency under permit issued by the Building, Official.
4. Tanks must be installed on level concrete pads encompassing an area
equal to dimension of tank.
5. Tanks must be enclosed in six (6) foot high non -climbable chainlink
fence for security.
6. Tanks and equipment including but not limited to: tank, piping. valves
and regulators must be inspected on a biannual basis by a dealer or
supplier with demonstrated competency opy of inspection rgport must
be submitted to the Fire Chief or designated representative.
6-1-1 6-1-2
Y CHAPTER 1
FIRE CODE
SECTION:
6-1-1: Uniform Fire Code Adopted
6-1-2: Enforcement and Administration of Code
6-1-3: Definitions
6-1-4: New Materials, Processes, Occupancies
6-1-5: Storage Limits For Hazardous Substances
6-1-6: Penalties
6-1-1: UNIFORM FlltE COIF A1) rrm): There is hereby adopted
by the City Council for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, that
certain Code known as the 1982 Minnesota Uniform Fire Code,' save and
except such portions as are hereinafter deleted, modified or amended by this
Chapter, of which Code not less than three (3) copies have been and are now
filed in the office of the Clerk and the same are hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which
this Chapter shall take effect, the provisions thereof shall be controlling within
the limits of the City.
6-1-2: 1;N1,01101 M1;N'1' AND ADMINISTRATION OF CODE':
A. Enforcement by Fire Officials;
1. The Chief of the Rosemount Fire Department, or a representative
"�-- authorized by him, shall enforce the provisions of this Chapter.Z
2. The Chief of the Rosemount Fire Department may detail such
members of the Fire Department as inspectors as shall from time to time
be necessary. The Chief of the Fire Department may recommend the
employment of technical inspectors who, when such authorization is
made, shall be selected through an examination to determine their
fitness for the position. The examination shall be open to members and
nonmembers of the Fire Department, and appointments made after
examination shall be for an indefinite term with removal only for cause.
1. M.S.A. §§299F.02 et seq.
2. Fire Department provisions are contained in Chapter 2 of this Title.
6-1-2 0
. 6-1-5
B. Appeals: Whenever the Fire Chief shall disapprove an application or
refuse to grant a permit applied for, or when it is claimed that the
provisions of the Code do not apply or that the true intent and meaning
of the Code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the Fire Chief to the City -
Council within thirty (30) days from the date of the decision appealed.
6-1-3: DEFINITIONS:
CORPORATION Wherever the term "Corporation Counsel" is used
COUNSEL in the Minnesota Uniform Fire Code, it shall be held
to mean the Attorney for the City of Rosemount.
JURISDICTION Wherever the word "jurisdiction" is used in the
Minnesota Uniform Fire Code, it shall be held to
mean the City of Rosemount.
6-1-4: NEW MATERIALS, PROCESSES, OCCUPANCIES: The
Mayor, the Fire Chief and the Fire Marshall shall act as a
committee to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or occupancies, which
shall require permits, in addition to those now enumerated in said Code. The
Fire Marshall shall post such list in a conspicuous place in his office, and
distribute copies thereof to interested persons.
6-1-5: STOitAGI: LIMITS FO11 IIALAItDOUS SU135'rANCES:
A. Combustible Liquids In Aboveground Tanks:
1. The limits referred to in section 15.201 of the Minnesota Uniform Fire
Code in which storage of flammable or combustible liquids in outside
aboveground tanks is prohibited, are hereby established as follows: Area
west of Akron Avenue within the City.
2. The limits referred to in section 15.601 of the Minnesota Uniform Fire
Code, in which new bulk plants for flammable or combustible liquids are
prohibited, are hereby established as follows: Area west of Akron
Avenue within the City. -
B. Liquefied Petroleum Gases, Bulk Storage: The limits referred to in
19 section 20.105(a) of the Minnesota Uniform Fire Code, in which bulk
storage of liquefied petroleum gas is restricted, are hereby established as
follows: Area west of Akron Avenue within the City.
C. Explosives and Blasting Agents: The limits referred to in section
11.106(b) of the Minnesota Uniform Fire Code, in which storage of
6-1-5 0 6-1-6
C) explosives and blasting agents is prohibited, are hereby established as
follows: Area west of Akron Avenue within the City, except University
of Minnesota property.
6-1-6: PENALTIES:
A. Any person who shall violate any of the provisions of this Code hereby
adopted or fail to comply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build in violation of any
detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from
which no appeal has been taken, or who shall fail to comply with such
`-- an order as affirmed or modified by the Fire Chief, or by a court of
competent jurisdiction, within the time fixed herein, shall severally for
each and every such violation and noncompliance respectively, be guilty
of a misdemeanor, punishable by a fine of not to exceed five hundred
dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or
by both such fine and imprisonment. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue. All
such persons shall be required to correct or remedy such violations or
defects within a reasonable time. When not otherwise specified, each
ten (10) days that prohibited conditions are maintained shall constitute a
separate offense.
B. The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions. (Ord. XV11.3, 1-16-79)
986