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Web Site
MEMORANDUM
TO:
Todd Gerhardt, City Manger
FROM:
DATE:
Bob Generous, Senior Planner
November 24, 2003
SUB J:
Adoption of Ordinance, Chapter 7, Chanhassen City Code, Building
and Building Regulations; Approval of Summary Ordinance for
Publication Purposes
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment; however, a 4/5ths vote is required for approval of the summary ordinance
for publication purposes.
BACKGROUND
Over the past two years, the city has been reviewing proposed changes to City Code.
Our overall intent is to try to make the code easier to understand and use by addressing
problems, overlapping code requirements, clarifying ordinance language, procedures or
processes, and consolidation. The proposed changes to Chapter 7 have been reviewed
previously by the Chanhassen Planning Commission and City Council.
SUMMARY
This chapter deals with building code requirements and the issuance of building
permits. Staff is proposing changes to the chapter to bring the section in compliance
with the 2003 Minnesota State Building Code. Additionally, we are consolidating
requirements from other chapters that deal with building permits and grading. Staff is
proposing a requirement that plans for building permits include impervious surface
calculations for a property as a means to review compliance with the code
Staff believes that these changes are primarily administrative, rather than substantive, in
nature and is recommending approval of the amendment.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance for Chapter 7
of the Chanhassen City Code; and approve the summary ordinance for publication
purposes.
ATTACHMENT
1. Ordinance Amending Chapter 7, Chanhassen City Code
The City ot Chanhassen · A ':jr;,,,,,,'ll ;~ C01qir!Lm ('~' '¢:ith cicah akes (Na itv s~hr, I i: ~ hl ~
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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 16B.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, 16B.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
16B.59 to 16B.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
2. 1301
3. 1302
4. 1303
5. 1305
6. 1306
7. 1307
8. 1309
9. 1311
10. 1315
11. 1325
12. 1330
13. 1335
14. 1341
15. 1346
Administration of the Minnesota State Building Code;
Building Official Certification;
State Building Construction Approvals;
Minnesota Provisions;
Adoption of the 2000 International Building Code;
Special Fire Protection Systems;
Elevators and Related Devices;
Adoption of the 2000 International Residential Code;
Adoption of the 2000 Guidelines for the Rehabilitation of
Existing Buildings;
Adoption of the 2002 National Electrical Code;
Solar Energy Systems;
Fallout Shelters;
Floodproofing Regulations;
Minnesota Accessibility Code;
Adoption of the Minnesota State Mechanical Code;
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16. 1350
17. 1360
18. 1361
19. 1370
20. 4715
21.
Manufactured Homes;
Prefabricated Structures;
Industrialized/Modular Buildings;
Storm Shelters (Manufactured Home Parks);
Minnesota Plumbing Code;
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.
(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 lO0-year
storm events and the lO0-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.
(j) 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.
(i) 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.
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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:
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.
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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 Codes (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.
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(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
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.
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.
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 l-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.
Exception: If already provided, deadbolt locks are not required to have a
minimum lock throw of l-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:
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.
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(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.
Exception: 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
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
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required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less
than 110° F (43° C). 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:
Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat
during the period from October I 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.
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(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
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.
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(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.
(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
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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.
PASSED AND ADOPTED this 24th day of November, 2003, by the City Council
of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. __, AN ORDINANCE
AMENDING CHAPTER 7 OF THE 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. __ 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
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on
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