The URL can be used to link to this page

8. Ordinance amendment occupany on single family homes 4 CITY CF „ . _ CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ` (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM Action by City Administrator Endorsed®.V i)1,04' TO: Don Ashworth, City Manager Modia°cL._ Rejoctcd FROM: Jim Chaffee, Public Safety Director Date— .1=7A— 1 DateDATE: Submitted to io ,mission December 29, 1989 Date ' SUBJ: Ordinance Amendment Requiring Certificate Of Occupancy's For Single Family Dwellings Several months ago at one of our Public Safety Department weekly meetings, a problem was brought up by the Building Division concerning certificate of occu- pancy's and single family homes. There is a provision in the UBC (see attached) #1305.1000 Section 307 which states: No building or structure of groups A, E, I, H, B, or R, divi- sion 1 occupancy shall be used or occupied, and no change in 4. 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, therefore as provided herein. A municipality may require certificates of occupancy for group . R3, R4, and group M occupancies. Although we have been requiring certificate of occupancy's for single family 1 homes for quite some time, we have just recently noticed that there is no local ordinance that would require certificate of occupancy's for single family dwellings. ' It is recommended by the Building Division and supported by the Planning Depart- ment that certificate of occupancy's be required through local ordinance for single family dwellings. This would not change any of our existing procedures. It would just close a loop hole that presently exists if there ever arose a time when a certificate of occupancy was not obtained and in fact the dwelling was being occupied. 1 RECOMMENDATION: It is staff's recommendation to amend Chapter 7, Article 2 of the Chanhassen City Code concerning the building code to require certificate of occupancy's for R3, R4, and group M occupancies. 1 PUBLIC SAFETY COMMISSION ACTION: On December 14, 1989, the Public Safety Com- mission voted unanimously to approve the ordinance amendment. Barb Klick 1 motioned, Craig Blechta seconded, to change the wording on the ordinance to read from "may be required” to "shall be required". All voted in favor and the motion carried. cc: Scott Harr, Assistant Public Safety Director Steve Kirchman, Building Official Paul Krauss, Planning Director . . I ,-' , CITY OF _i fp CHANHASSEN 1 ,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ITO: Jim Chaffee, Public Safety Director FROM: Scott Harr, Assistant Public Safety Directo IDATE: September 27, 1989 IISUBJ : Certificate of Occupancy I Attached please find an ordinance drafted by City Attorney Roger Knutson, which resulted after a meeting with our Building Department informing us that the current applicable building code states that a Certificate of' Occupancy "may" be required. 1 We are all in agreement that the "may" should be changed to "shall" . The reason for this is that the Certificate of Occupancy is a final step in permitting the actual occupancy I of the structure, and requiring' a C.O. does permit our building inspection staff the authority to make certain that every code requirement is met ( in addition, this helps us to Imake certain that builders clean their sites, etc) . II ' DIRECTOR' S COMMENTS: I fully concur with Scott's recommendation to amend Chapter 7, Article 2 of the Chanhassen City Code con- I cerning the building code. This amendment will close one of the loop holes that we found: existed. with the present UBC. RECOMMENDATION: It is -'staffs recommendation• to amend-.Chapter 7, I Article 2 of the Chanhassen City Code concerning the building code to require certificates of occupancy for .R3-, R4, and group M occupancies. - - 1 F r I I ( 1 • LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON ' DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L.GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 403 NORWEST BANK BUILDING Eworr B. KNETSCH VANCE B.GRANNIS MICHAEL MAYER VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE J PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 DAVID L.GRANNIS,HI ROGER N. KNUTSON TELEPHONE(612)455-1661 1 DAVID L. HARMEYER *ALSOADNIrrEDTO September 21 , 1 989 PRACTICE IN WISCONSIN ' Mr. Scott Harr ' Assistant Public Safety Director City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Building Code ' Dear Scott: Enclosed please find the ordinance you requested amending 1 Chapter 7, Article II of the City Code concerning the building code. Very truly yours, , GRe . . ., GRANNI , ARRELL ailliSON, P. . . I. i BY/0110 'oger N. Knutson RNK:srn Enclosure RECEIVED SEP 2 21989 ' Qom PUBLIC ShFET 1 1 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ' AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II OF THE CHANHASSEN CITY CODE CONCERNING THE BUILDING CODE ' THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1 . Chapter 7, Article II of the Chanhassen City ' Code is amended by adding Section 7-21 to read as follows: Sec. 7-21 . Certificate of Occupancy. No building or structure of Groups R3 , R4, M, A, E, I, H, B, or R, Division 1 occupancy, 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. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this ' day of , 1989. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1989. ) Y'J. s -`1 v a. installation inspection. MS s 168.59 to 169.73 9 SR 1557; 11 SR 1405 1305.1000 SECTION 307. Section 307(a) of the UBC is amended to read as follows: Certificate of Occupancy Section 307(a) Use or Occupancy. No building or structure of Groups A, E, I, H, B, or R, Division 1 occupancy, 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. A municipality qty require certificates_ of occupancy for Group R3, —X-- . R4 and Group M occupancies. MS s 168.59 to 16B.73 • 1305.1100 SECTION 405. Section 405 of the UBC, Definition of Dwelling, is amended • to read: • • "Dwelling" is any building or any portion of a4building which contains not more than two "dwelling units," including • Class A-1 supervised living facilities as defined in section 420. MS s 168.59 to 168.73 • • 1111:1305.1200 SECTION 406. Section 406 of the UBC is amended by the addition of the • following definition: "Earth sheltered structure" is a building constructed so • that more than 50 percent of the exterior surface area of the - building, excluding garages or other accessory buildings, is covered with earth. Partially completed buildings shall not be • - considered to be earth sheltered. (See Minnesota Statutes, section 116J.06, subdivision 2.) MS s 16B.59 to 168.73 • • 1305.1300 SECTION 407. • Section 407 of the UBC, Definition of Fire Code, is amended as follows: UBC Section 407. "Fire code" is the Minnesota Uniform Fire Code, authorized by Minnesota Statutes, section 299F.011. MS s 168.59 to 16B.73 1305.1350 SECTION 414. UBC Section 414, Definition of Mechanical Code, is amended as follows: UBC Section 414. "Mechanical code" is the Minnesota Heating, Ventilating, Air Conditioning, and Refrigeration Code, chapter 1345. 66