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Ordinance 351CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.351 AN ORDINANCE AMENDING CHAPTER 7 CHANHASSEN CITY CODE, BUILDINGS AND BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 7-16 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Application, Administration and Enforcement. (a) The application, administration, and enforcement of the building code shall be in accordance with Minnesota Rules Chapter 1300. (b) The code enforcement agency of the City of Chanhassen is called the Community Development Department, Inspections Division. • (c) This code shall be enforced by the Minnesota Certified Building Official designated by the City of Chanhassen to administer the code (Minnesota Statute 1613.65 Subdivision 1). (d) The building code board of appeals shall be as appointed by resolution of the City Council (Minnesota Rules 1300.0230). (e) A violation of the code is a misdemeanor. Section 2. . Section 7-17 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Permits and Fees (a) The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 1613.62, Subdivision 1. The fees to be paid to the city for building permits and inspections shall be as established in Chapter 4 of the Chanhassen City Code. (b) An investigation fee, in addition to the permit fee, shall be collected whenever any work for which a permit is required by this code has been commenced without first obtaining said permit. The investigation fee shall be equal to the amount of the permit • fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. • (c) A re -inspection fee may be assessed for each re -inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Re -inspection fees may be assessed when the inspection record card is not readily available, approved plans are not readily available, failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. The fee shall be as established in Chapter 4 of the Chanhassen City Code. (d) Fee refunds may be authorized by the Building Official of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. Section 3. Section 7-18 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Building Code. (a) The 2003 Minnesota State Building Code, established pursuant to Minnesota Statutes 1613.59 to 1613.75, is hereby adopted as the building code for the City of Chanhassen. • The code is hereby incorporated in this ordinance as if fully set out herein. The 2003 Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300 - Administration of the Minnesota State Building Code; 2. 1301 - Building Official Certification; 3. 1302 - State Building Construction Approvals; 4. 1303 - Minnesota Provisions; 5. 1305 - Adoption of the 2000 International Building Code; 6. 1306 - Special Fire Protection Systems; 7. 1307 - Elevators and Related Devices; 8. 1309 - Adoption of the 2000 International Residential Code; 9. 1311 Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings; 10. 1315 - Adoption of the 2002 National Electrical Code; 11. 1325 - Solar Energy Systems; 12. 1330 - Fallout Shelters; 13. 1335 - Floodproofing Regulations; 14. 1341 - Minnesota Accessibility Code; 15. 1346 - Adoption of the Minnesota State Mechanical Code; 16. 1350 - Manufactured Homes; • 17. 1360 - Prefabricated Structures; 18. 1361 - Industrialized/Modular Buildings; 19. 1370 - Storm Shelters (Manufactured Home Parks); 2 20. 4715 - Minnesota Plumbing Code; • 21. 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code (b) The City of Chanhassen adopts by reference the following optional chapter of the 2003 Minnesota State Building Code: Minnesota Rules Chapter 1306 - Special Fire Protection Systems, including 1306.0020 Subp. 2 and 1306.0030 E. Option 1. Section 4. Section 7-19 (12) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Indication of direction of surface water drainage by arrows and impervious surface calculations for the lot or parcel; Section 5. Section 7-22 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Grading and Erosion Control. (a) A satisfactory erosion control and grading plan consistent with the City's Best Management Practices Handbook must be approved by the city engineer before a building permit is issued for construction, if the construction will result in disturbing the soil. To guarantee compliance with the plan a five hundred dollar ($500.00) cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a building . permit is issued. The escrow amount may be greater than five hundred dollars ($500.00) if, after review of the site, the city deems it necessary to require a greater amount to guarantee compliance. The maximum escrow allowable per parcel is five thousand dollars ($5,000.00) per acre. The city may use the escrow or draw upon the letter of credit to reimburse the city for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. If the city draws on the escrowed funds, no additional building permits shall be issued until the pre -draw escrow balance has been restored. The city shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the city. (b) The grading and erosion control plan must be consistent with the approved grading plan for the plat in which the property is located, if any. Areas where the finished slope will be steeper than five (5) units horizontal to one (1) vertical shall be specifically noted. Also, location of erosion control devices shall be clearly labeled. A maintenance plan is required for all erosion and sediment control measures. Erosion and sediment control measures must be maintained to meet designed performance. (c) Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within forty (40) feet of the ordinary high water mark of a water body unless specifically approved by the city. All disturbed areas shall be replaced with a minimum of four (4) inches of topsoil or black dirt. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within • five (5) days after completion of the grading operation. 91 (d) Every effort shall be made during the building permit application process to • determine the full extent of erosion control required. However, the city engineer may require additional controls to correct specific site related problems as normal inspections are performed. (e) All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the city engineer to halt all construction. All failing erosion and sediment control measures shall be remedied within 24 hours of notification on construction sites. Temporary erosion and sediment control measures shall be removed within 30 days of stabilization. (f) All construction activity that results in disturbance of the ground shall comply with the City's Construction -site Erosions and Sediment Control Best Management Practices Handbook, as amended. (g) Peak discharge rates may not increase from the existing 2, 10 and 100-year storm events and the 100-year, 10-day snowmelt. (h) Compacted soils shall be broken up to a depth greater than six (6) inches prior to final site stabilization. (i) Seed and mulch shall be applied no later than September 15 of each year. Sod shall • be installed no later than October 15 of each year. 0) Landlocked storm water basins shall be designed to hold back-to-back 100-year storms. (k) Proposed projects shall not result in an increase in the bounce or duration of inundation downstream. (1) Runoff rates shall be maintained to the predevelopment rates for the 100-year storm. Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-24, which shall read as follows: Landscaping Security. If the lot on which a certificate of occupancy for a single-family dwelling is requested is subject to landscaping requirements set forth in the development contract with the city, a certificate of occupancy shall not be issued unless the landscaping has been completed or unless a seven hundred fifty dollar ($750.00) fee, or such other amount as determined by the city's community development director, cash escrow or letter of credit is furnished the city guaranteeing completion within sixty (60) days, weather permitting. • Section 7. Section 7-30 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: M The purpose of this article is to promote the health, safety and welfare of the community • and to establish reasonable uniform limitations, standards, safeguards and controls for excavating, mining, filling, and grading within the city. Section 8. Section 7-32 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Except as otherwise provided in this article, it shall be unlawful for anyone to work the earth without having first obtained a written permit from the city authorizing the same in accordance with this article. Active earth work operations that predate this article that do not have a permit shall cease operations or obtain an earth work permit within six (6) months after the adoption of this article. Current permit holders shall come into compliance with the terms of this article no later than the renewal date of such permit holder's Earth Work permit. Excavating, mining, filling, and grading permits for more than fifty (50) cubic yards, but less than one thousand (1,000) cubic yards of material in a twelve-month period may be processed administratively. Excavating, mining, filling, and grading of one thousand (1,000) cubic yards of material or more in a twelve-month period shall be processed in the same manner as an interim use permit. Violations of any written permit condition shall constitute a misdemeanor violation of this chapter. Section 9. Section 7-33 (5) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: • Excavating, mining, filling or grading of less than 50 cubic yards or excavating, mining, filling or grading of less than 5,000 square feet of area in a calendar year. Section 10. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-33 (8), which shall read as follows: Earthwork in accordance with an approved site plan review, conditional use permit, interim use permit or wetland alteration permit. If the approved site plan review, conditional use permit, interim use permit or wetland alteration permit requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. Section 11. Section 7-51 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 7-50. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. Section 12. Section 7-51 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: • (b) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, • operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. Section 13. Section 7-51 (g) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (g) Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building Code (MSBC) and Minnesota State Fire Code (MSFC) and considered part of the requirements of this code to the prescribed extent of each such reference. Section 14. Section 7-52 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) General. The Building Inspection Division of the city is responsible for administering the provisions of this code and the executive official in charge thereof shall • be known as the code official. (b) Appointment. The code official shall be appointed by the City Manager. (c) Restriction of employees. An official or employee connected with the enforcement of this Code, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department. (d) Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not hereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions • of this code; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any on of its provisions or by reason of any act or omission in the performance of official duties • in connection therewith. (e) The fees for inspections and services performed in carrying out the responsibilities under this code shall be as established in Chapter 4 of the Chanhassen City Code. Section 15. Section 7-55 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 7-56 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Section 16. Section 7-56 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: • Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 7-56 b. and c. to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 7-57. Section 17. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-56 (b) (6), which shall read as follows: Include a statement of the right to file a lien in accordance with Sec. 7-55 (c) Section 18. Section 7-56 (d) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without • condition for making the corrections or repairs required by such compliance order or notice of violation. 7 Section 19. Section 7-59 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (c) Terms defined in other codes. Where terms are not defined in this code and are defined in Minnesota State Building Code, such terms shall have the meanings ascribed to them as in those codes. Section 20. Chapter 7, Article IV, Section 7-60 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 21. Section 7-61 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (b) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of Section 7-61 through Section 7-66. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. • Section 22. Section 7-62 (g) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Section 23. Section 7-62 (h) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Gates. Gates which are required to be self closing and self latching shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches from the gatepost. Section 24. Section 7-62 (i) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (i) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. In -ground swimming pools shall be protected by a fence in accordance with Section 20-1021. Section 25 . Section 7-63 (n) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: • Insect screens. During the period from May 1st to October 1st, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for • human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Section 26. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-63 (r), which shall read as follows: Building Security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. (1) Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting the specifications set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or key and have a lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturers specifications and maintained in good working order. All deadbolt locks required by this • section shall be installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort. 0 Exception: If already provided, deadbolt locks are not required to have a minimum lock throw of 1-inch. (2) Windows. Operable windows located in whole or in part within 6 feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device (3) Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. Section 27. Existing Sections 7-65 through 7-89 are renumber section 7-66 through section 7-90 Section 28. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-65, which shall read as follows: 9 Handrails and Guards. • (a) General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have guards. Handrails shall not be less than 30 inches high or more than 42 inches high measured vertically above the nosing of the tread or above or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Handrails and guards shall be maintained in accordance with the code in effect at time of construction. Exception: Guards shall not be required where exempted by the adopted building code. Section 29. Section 7-66 (e) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Curbside collection. Appliance, furniture and similar items shall be left outside for collection and disposal for not more than 72 hours before they are collected. Section 30. Section 7- 68 of the City Code, City of Chanhassen, Minnesota, is hereby • amended to read as follows: (a) Scope. The provisions of Section 7-68 through Section 7-71 shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. (b) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to occupy, any premises that do not comply with the requirements of section 7-68 through Section 7-71. (c) Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the MSBC shall be permitted. Section 31. Section 7-70 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 7-69. isException: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but 10 not less than 25 square feet. The ventilation openings to the outdoors shall be . based on a total floor area being ventilated. Section 32. Section 7-72 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Scope. The provisions of Section 7-72 through Section 7-78 shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. (b) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises which does not comply with the requirements of Section 7-72 through 7-78. Section 33. Section 7-74 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. Section 34. Section 7-76 (d) of the City Code, City of Chanhassen, Minnesota, is hereby • amended to read as follows: Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110' F (43' Q. A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Section 35. Section 7-79 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Scope. The provisions of Section 7-79 through Section 7-85 shall govern the minimum mechanical and electrical facilities and equipment to be provided. (b) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises which does not comply with the requirements of sections 7-80 through 7-85. • Section 36. Section 7- 80 (d) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 11 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat is during the period from October 1 to May 1 to maintain a temperature of not less than 68°F during the period the spaces are occupied. Exceptions (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. Section 37. Chapter 7, Article IV, Section 7-81 (b) of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 38. Section 7-82 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 7-83. Section 39. Section 7-86 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Scope. Under the provisions of Section 7-86 through Section 7-90, the Minnesota State Fire Code (MSFC) shall govern the minimum conditions and standards • for fire safety relating to structures and exterior premises; including fire safety facilities and equipment to be provided. (b) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that do not comply with the requirements of sections 7-87 through 7-90. Section 40. Section 7- 87 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the MSFC. (b) Aisles. Aisles shall be maintained in accordance with the Minnesota State Fire Code. (c) Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided for in the MSBC. • (d) Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the 12 inside of the room, without the use of keys or tools. Bars, grilles, grates or similar • devices are permitted to be placed over emergency escape and rescue openings. However, such devices must provide a minimum net clear opening size that complies with the MSBC. They shall also be releaseable or removeable from the inside, without the use of a key, tool, or force greater than that required for the normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 7-90. Section 41. Section 7- 88 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Hazardous Material. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the MSFC. Section 42. Section 7- 90 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Fire Protection Systems. (a) General. All systems, devices, and equipment to detect a fire, actuate an • alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the MSFC. (b) Fire Suppression System. Fire suppression systems shall be maintained in proper operating condition at all times. (c) Standpipe Systems. Standpipe systems shall be maintained in proper operating condition at all times. Hose connections shall be unobstructed. (d) Fire Extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type. (e) Smoke Alarms. Single or multiple -station smoke alarms shall be installed and maintained in Occupancy Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: Exception: Owner occupied Group R-3 occupancies already provided with single -station smoke alarms. (1) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. • (2) In each room used for sleeping purposes. 13 (3) In each story within a dwelling unit, including basements and cellars but not • including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent level provided that the lower level is less than one full story below the upper level. (4) Single or multiple -station smoke alarms shall be installed in other Occupancy Groups in accordance with the MSFC. (f) Power Source: In Group R occupancies and in dwellings not regulated as Group R occupancies, single -station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is a crawl space or basement available which could provide access for building wiring without the removal of interior finishes. • (g) Interconnection: Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwelling units not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. • Exceptions: (1) Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. (2) Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is a crawl space or basement available which could provide access for interconnection without the removal of interior finishes. (h) Fire Alarm Systems. Fire alarm systems shall be in proper operating condition at all times. Section 43. This ordinance shall be effective immediately upon its passage and publication. 14 PASSED AND ADOPTED this 24th day of November, 2003 by the City Council • of the City of Chanhassen, Minnesota Tod erhardt, City Manager • • Thomas A. Furlong, (Summary Ordinance published in the Chanhassen Villager on December 11, 2003) 15 CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA • SUMMARY OF ORDINANCE NO.351 AN ORDINANCE AMENDING CHAPTER 7 OF CHANHASSEN CITY CODE BUILDINGS AND BUILDING REGULATIONS. The purpose of this code amendment is to consolidate and adopt the 2003 Minnesota State Building Code (MSBC), consolidate grading and erosion control requirements in one chapter of the code, and coordinate the Chanhassen City Code with the correct code documents or in accordance with the International Property Maintenance Code. A printed copy of Ordinance No. 351 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 24th day of November, 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Todd Gerhardt City Manager/Clerk (Summary Ordinance Published in the Chanhassen Villager on December 11, 2003). CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 351 AN ORDINANCI~ AMENDING CHAPTER 7 OF CHANHASSEN CITY CODE BUILDINGS AND BUILDING REGULATIONS. The purpose of this code amendment is to consolidate and adopt the 2003 Minnesota State Building Code (MSBC), consolidate grading and erosion control requirements in one chapter of the code, and coordinate the Chanhassen City Code with the correct code documents or in accordance with the International Property Maintenance Code. A printed copy of Ordinance No. 351 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 24th day of November, 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Todd Gerhardt City Manager/Clerk (Published in the Chanhassen Villager on Thursday, December 11, 2003; No. 4048) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz B V.i'� Laurie A. Hartmann Subscribed and sworn before me on _t� this 21day o 'L-~''J 2003 GWEN M. RADUENZ NOTARY PUBLIC MINNESOTA My Commission Expirss Jan. 31, 2005 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ................................ $21.00 per column inch Rate actually charged for the above matter ............................................... $10.63 per column inch