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HomeMy WebLinkAboutOrd. 205 - Adopt MN State Building Code CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 205 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF ANDOVER: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING PENALTIES FOR THE VIOLATION THEREOF: The City Council of the City of Andover does ordain as follows: Section 1. Application. Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute.16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of this municipality is called the City of Andover. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Three (3) copies of said code shall be marked "OFFICIAL COPY", be kept on file at City Hall, and shall be open for public inspection. Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62 subdivision 1 and as provided for in chapter 1 of the 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.Q1 07. Permit fees shall be assessed for work governed by this code in accordance with Resolution #R307-94 and as amended by the City Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute l6B.70. 1 Section 3. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 168.59 to 168.75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. Chapter 1300 - Minnesota Building Code 2. Chapter 1301 - Building Official Certification 3. Chapter 1302 - State Building Construction Approvals 4. Chapter 1305 - Adoption of the 1994 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures 5. Chapter 1307 - Elevators and Related Devices 6. Chapter 1315 - Adoption of the 1993 National Electrical Code 7. Chapter 1325 - Solar Energy Systems 8. Chapter 1330 - Fallout Shelters 9. Chapter 1335 - Floodproofing Regulations 10. Chapter 1340 - Facilities for the Handicapped 11. Chapter 1346 - Adoption of the 1991 Uniform Mechanical Code 12. Chapter 1350 - Manufactured Homes 13. Chapter 1360 - Prefabricated Buildings 14. Chapter 1365 - Snow Loads 15. Chapter 1370 - Storm Shelters 16. Chapter 4715 - Minnesota Plumbing Code 17. Chapter 7670 - Minnesota Energy Code B. This municipality may adopt by reference any or all of the following optional appendix chapters of the 1994 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2:15, Reroofing; 33, Excavation and Grading. The following optional appendix chapters of the 1994 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. 15, Reroofing 2. 33, Excavating and Grading C. This municipality may adopt by reference any or all of the following optional chapters of Minnesota rule: 1306, Special Fire Protection Systems with option 8a 2 (Group M, S, or F occupancies with 5,000 or more gross square feet); 1335, Floodproofing regulations parts 1335.0600 to 1335.1200. The following optional chapters of Minnesota rule are hereby adopted and incorporated as part of the building code for this municipality. 1. 2. 1306 Special Fire Protection System with Option 8A 1335 Floodproofing regulations parts 1335.0600 to 1335.1200 Section 4. Architectural Design (Structure). A. Architectural Design, Exterior Facing The application for a building permit, in addition to other information required by applicable laws or regulations, shall include exterior elevations of the proposed structure and drawings which will adequately and accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials proposed to be used. B. Referral of Application by Inspector in Certain Cases When an application is filed with the City of a building permit for any structure to be built, enlarged, or altered within, or moved into the City, the Building Official shall review such application and accompanying documents to determine whether the exterior architectural design, appearance, or functional plan of such proposed structure, when erected will be so at variance with, or so similar to the exterior architectural design of any structure or structures already constructed or in the course of construction which is within three hundred (300) feet of the lot upon which the structure which is located, or so at variance with the character of the applicable district as established by the zoning ordinance of the City as to cause a substantial depreciation in the property values of the neighborhood. The three hundred (300) feet restriction shall be determined by measurement along the street upon which the structure fronts (19K, 11-15-88). If the Building Official finds that the exterior architectural design of the proposed structure, when erected, may be so at variance with, or so similar to, the exterior architectural design, appearance, or functional plan of structures already constructed or in the course of construction in the neighborhood, no building permit therefore shall be issued and the Building Official shall within ten (10) days after receipt of the application of the building permit application and supporting documents, file the same and such opinion in writing, signed by the Building Official, with the Secretary of the Board of Design Control, which shall review the determination of the Building Official (19J, 3-15-88). C. Board of Design Control Created 3 The Andover Review Committee of the City of Andover shall be and is hereby appointed as the Board of Design Control. The Board shall review all building permit applications referred to it by the Building Official upon determination that the exterior architectural design of the proposed structure would violate the provisions of this ordinance. The Andover Review Committee shall act upon all applications or other matters referred to it within twenty (20) days from the date such application was originally filed with the Building Official. It may approve, conditionally approve or disapprove the exterior design of any proposed building or structure, enlargement or alteration and may modify, request such modifications as it may deem necessary to carry out the purpose and intent of this section. Any person aggrieved by the decision of the Andover Review Committee may take an appeal therefrom to the City Council. Such appeal shall be taken within five (5) days after the decision of the Andover Review Committee. The City Council shall act upon all application or other matters referred to it within forty- five (45) days from the date of appeal (191, 2-02-88). Section 5. Improvements Required. A. The general contractor or home builder shall meet the improvements required under the ordinance establishing regulations and procedures for the subdivision and platting ofland as: 1. Provide four (4) inches of topsoil and sod on all boulevards in areas served by municipal sewer and water, and four (4) inches of topsoil and seed on all boulevards in other areas, and the conditions regarding hard surfaced driveways and erosion control. B. If any of the improvements required under Section 5C are not completed at the time of the final inspection by the Building Inspector, the general contractor or home builder shall furnish to the City, a security agreement in an amount equal to 150 percent of the Building Official's estimated cost for such improvements. The improvements shall be completed within 30 days of the furnishing of the security agreements with the exception of providing four (4) inches of topsoil and sod on all boulevards in areas served by municipal sewer and/or water and four (4) inches of topsoil and seed on all boulevards in other areas at time of certificate of occupancy, except between October 1 and May 1 and all work shall be completed by June. Requests for the release of any security agreements provided hereunder may be made by the general contractor or home builder upon completion of all improvements covered by the security agreement. The Building Official shall state in writing the reasons for such denial. The general contractor or home builder may appeal thedecision to the City Council by filing with the Building Official a written request for such appeal with ten (10) days after receiving the 4 Buildings Official's notice. The appeal shall be placed on the agenda of the next regular City Council meeting. The general contractor or home builder shall be notified of the time and place of such meeting. The Council may affirm or reject to decision of the Building Official. C. The security referred to in this ordinance may be in the form of cash, money order, cashier's check or irrevocable letter of credit. Items to be escrowed for but not limited to, driveways, steps, brickwork, stucco, siding, garage floor, grading, deck footing, retaining wall, sidewalks, drainfields. D. If the improvements for which a security agreement has been given are not completed within a thirty (30) day period, the builder shall forfeit the security agreement and the City shall proceed to complete the improvements and collect the costs thereof from the security. E. If proof of other security is provided by the general contractor or home builder the above security will not be required. F. For the purposes of this ordinance, the term "boulevard' shall mean the area of a public right-of-way extending from the back of the curb, or the edge of a roadway where no curb is installed, to the right-of-way limit (19H, 1-12-88). Section 6. WDE Site A. No enclosed structure shall be built within 200 feet of the' limit of refuse disposal at the WDE Qualified Facility as depicted as Line F in the Attached Exhibit A (Exhibit A is a drawing of the WDE Qualified Facility), except for any property north of Coon Creek. B. For any enclosed structure to be erected within 200 feet to 500 feet of the limit of refuse disposal at the WDE Qualified Facility as depicted in Exhibit A, excluding property north of Coon Creek, (the line 500 feet distant from the limit of refuse disposal is depicted as Line F) the property owner shall, prior to construction of the structure, install a soil gas monitoring probe located between the structure and the limit of refuse disposal at the WDE Qualified Facility. The soil gas monitoring probe shall be of a design approved by the Commissioner of the Minnesota Pollution Control Agency ("Commissioner") and shall be installed in a location approved by the Commissioner. The soil gas monitoring probe shall be installed by a water well contractor licensed in the State of Minnesota. Installation of a soil gas monitoring probe pursuant to this paragraph shall not be required if the Commissioner in their sole discretion, determines that an existing soil gas monitoring probe located in between the proposed enclosed structure and the limit of refuse disposal at the WDE Qualified Facility provided adequate monitoring. The property owner and their successor(s) and assign(s) shall grant the Commissioner and their designates access to the property in order to 5 conduct sampling of the soil gas monitoring probe until such time as the Commissioner determines further monitoring is unnecessary. Within 30 days of the Commissioner's determination that the soil gas monitoring probe is not longer required the property owner at the time determination is made shall have the soil gas monitoring probe abandoned in accordance with Minnesota Department of Health water well abandonment requirements including having a licensed water well contractor perform the abandonment using grout tremied from the bottom up and cutting the monitoring probe riser below the ground surface. C. For all enclosed structures to be erected within 200 feet to 500 feet of the limit of refuse disposal at the WDE Qualified Facility excluding property north of Coon Creek, the property owner shall immediately upon completing construction of the enclosed structure, install in the basement or the lowest level of the enclosed structure, a minimum of one continuous explosive gas monitor equipped with an alarm set to sound at an explosive gas concentration of 20 percent of the lower explosive limit (LEL) for methane. The property owner shall be responsible for the cost of installing and for maintaining said monitor. D. The extraction of groundwater for any purpose other than by the Commissioner as he or she deems necessary to carry out their duties and authorities under the Landfill Cleanup Act. Minn. Stat. SS 1155B.39-46, ("Act") and the Landfill Cleanup Agreement between Anoka County, the WDEPRP Group and its members, and the Commissioner ("Agreement"), from the Upper Sand Aquifer within a distance of 500 feet from the limit of refuse disposal at the WDE Qualified Facility is prohibited. This prohibition shall not apply to the repair or replacement of existing wells provided there is no material increase in the quantity of groundwater extracted from the repaired or replaced well as compared to the existing well, and that the water used for drinking water purposes from the repaired/replaced well complies with all applicable drinking water standards. Any dewatering required for the installation of a public utility or for the repair, reconstruction, or expansion of public roads or highways within the area covered by this prohibition shall be subject to the advance written approval of the Commissioner and, if approved, shall be excluded from this prohibition. E. The extraction of groundwater for any purpose without the prior written approval of the Commissioner, other then by the Commissioner as he or she deems necessary to carry out their duties under the Act and the Agreement from the Lower Sand Aquifer within the area designated by line G on Exhibit A is prohibited. This prohibition shall not apply to the repair or replacement of existing wells provided that there is no material increase in the quantity of groundwater extracted from the repaired and replaced well as compared to the existing well and that the water used for drinking water purpose from the repaired/replaced well complies with all applicable drinking water standards. 6 Section 7. Violations and Penalties. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment defined by State law. This Ordinance shall become effective from and after its passage and publication as required by law. Adopted by the City Council of the City of Andover this 4th day of March, 1997. CITY OF ANDOVER ATTEST: I f ~. 1. /J// J.L... ~ L,,:.eL/ Victoria V olk, City Clerk 7 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 205 SUMMARY AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, AL TERA TION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF ANDOVER: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING PENALTIES FOR THE VIOLATION THEREOF: STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The City fmds it necessary to adopt the Minnesota State Building Code in order to administer, enforce and regulate the architectural design, boulevard improvements, construction, reconstruction, alteration, and repair of buildings and other structures to which the code is applicable. Uniform performance standards are established by code which establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this City. The City of Andover also finds it necessary to apply specific construction or design standards for buildings or structures located or constructed within 200 to 500 feet of the Waste Disposal Engineering Quality Facility. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement A Minnesota certified Building Official shall be appointed by the City of Andover to administer the code (Minnesota Statute 16B.65). Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 18th day of March, 1997. ATTEST: CITY OF ANDOVER ~u .{ frk Victoria V olk, City Clerk ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 205A AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS ANDIOR STRUCTURES IN THE CITY OF ANDOVER: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING PENALTIES FOR THE VIOLATION THEREOF: The City Council of the City of Andover does ordain as follows: Section 1. Annlication. Administration and Enforcement. ) The application, administration, and enforcement of the code shall be in accordance with Mirmesota rule part 1300.2100 and as modified by chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Mirmesota Statute 16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of this municipality is called the City of Andover. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Three (3) copies of said code shall be marked "OFFICIAL COPY", be kept on file at City Hall, and shall be open for public inspection. Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62 subdivision 1 and as provided for in chapter 1 ofthe 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Resolution #R307 94 #R263-98 and as amended by the City Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute l6B.70. \ ) 1 \) Section 3. Buildinl! Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B. 75 is hereby adopted as the building code for this jurisdiction. The code is hereby-- incorporated in this ordinance as if fully set out herein. A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 2. 3. 4. ) 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Chapter 1300 - Minnesota Building Code Chapter 1301 - Building Official Certification Chapter 1302 - State Building Construction Approvals Chapter 1305 - Adoption of the +9941997 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures d. 15. Reroofing e. 16. Division I. Snow10ad Design f. 31. Division II. Membrane Structures Chapter 1307 - Elevators and Related Devices Chapter 1315 - Adoption of the ~ 1996 National Electrical Code Chapter 1325 - Solar Energy Systems Chapter 1330 - Fallout Shelters Chapter 1335 - F1oodproofing Regulations Chapter 1340 - Facilities for the Handicapped Chapter 1346 - Adoption of the 1991 Uniform Mechanical Code Chapter 1350 - Manufactured Homes Chapter 1360 - Prefabricated Buildings Chapter~ 1361 - SRew Leaas Industrialized / Modular Buildings Chapter 1370 - Storm Shelters (Manufactured Home Parks) Chapter 4715 - Minnesota Plumbing Code Chapter 7670 - Minnesota Energy Code B. This municipality may adopt by reference any or all of the following optional appendix chapters of the +994 1997 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2:15, Rereefieg; 33, E~(6a-vatieR ana Graaieg. 2:3. Division III. 1992 one and two family dwelling code; 33. Excavating and Grading. The following optional appendix chapters of the +994 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality. ) 1. 15, Rereefing 2 ') 2. 33, Excavating and Grading C. This municipality may adopt by reference any or all ofthe following optional chapters of Minnesota rule: 1306, Special Fire Protection Systems with option 8a-.. (Group M, S, or F occupancies with 5,000 or more gross square feet); 1335, Floodproofing regulations parts 1335.0600 to 1335.1200. The following optional chapters of Minnesota rule are hereby adopted and incorporated as part of the building code for this municipality. 1. 1306 Special Fire Protection System with Option 8A 2. 1335 Floodproofmg regulations parts 1335.0600 to 1335.1200 D. Section 109. Certification ofOccupancv No building or structure 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 including Group R, Division; III. Section 4. Architectural Desi~n (Structure). ) A. Architectural Design, Exterior Facing The application for a building permit, in addition to other information required by applicable laws or regulations, shall include exterior elevations of the proposed structure and drawings which will adequately and accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials proposed to be used. B. Referral of Application by Inspector in Certain Cases ) When an application is filed with the City of a building permit for any structure to be built, enlarged, or altered within, or moved into the City, the Building Official shall review such application and accompanying documents to determine whether the exterior architectural design, appearance, or functional plan of such proposed structure, when erected will be so at variance with, or so similar to the exterior architectural design of any structure or structures already constructed or in the course of construction which is within three hundred (300) feet of the lot upon which the structure which is located, or so at variance with the character of the applicable district as established by the zoning ordinance of the City as to cause a substantial depreciation in the property values of the neighborhood. The three hundred (300) feet restriction shall be determined by measurement along the street upon which the structure fronts (19K, 11-15-88). 3 I If the Building Official finds that the exterior architectural design ofthe proposed structure, when erected, may be so at variance with, or so similar to, the exterior architectural design, appearance, or functional plan of structures already constructed or in the course of construction in the neighborhood, no building permit therefore shall be issued and the Building Official shall within ten (10) days after receipt of the application of the building permit application and supporting documents, file the same and such opinion in writing, signed by the Building Official, with the Secretary of the Board of Design Control, which shall review the determination of the Building Official (19J, 3-15-88). C. Board of Design Control Created ) The Andover Review Committee of the City of Andover shall be and is hereby appointed as the Board of Design Control. The Board shall review all building permit applications referred to it by the Building Official upon determination that the exterior architectural design ofthe proposed structure would violate the provisions of this ordinance. The Andover Review Committee shall act upon all applications or other matters referred to it within twenty (20) days from the date such application was originally filed with the Building Official. It may approve, conditionally approve or disapprove the exterior design of any proposed building or structure, enlargement or alteration and may modify, request such modifications as it may deem necessary to carry out the purpose and intent of this section. Any person aggrieved by the decision of the Andover Review Committee may take an appeal therefrom to the City Council. Such appeal shall be taken within five (5) days after the decision of the Andover Review Committee. The City Council shall act upon all application or other matters referred to it within forty- five (45) days from the date of appeal (191, 2-02-88). Section 5. Imorovements Reauired. A. The general contractor or home builder shall meet the improvements required under the ordinance establishing regulations and procedures for the subdivision and platting of land as: 1. Provide four (4) inches of topsoil and sod on all boulevards in areas served by municipal sewer and water, and four (4) inches of topsoil and seed on all boulevards in other areas, and the conditions regarding hard surfaced driveways and erosion control. B. Ifany of the improvements required under Section 5C are not completed at the time of the final inspection by the Building Inspector, the general contractor or home builder shall furnish to the City, a security agreement in an amount equal to ) 4 . \ ; 150 percent of the Building Official's estimated cost for such improvements. The improvements shall be completed within 30 days of the furnishing of the security agreements with the exception of providing four (4) inches of topsoil and sod on all boulevards in areas served by municipal sewer and/or water and four (4) inches of topsoil and seed on all boulevards in other areas at time of certificate of occupancy, except between October I and May I and all work shall be completed by June. Requests for the release of any security agreements provided hereunder may be made by the general contractor or home builder upon completion of all improvements covered by the security agreement. The Building Official shall state in writing the reasons for such denial. The general contractor or home builder may appeal the decision to the City Council by filing with the Building Official a written request for such appeal with ten (10) days after receiving the Buildings Official's notice. The appeal shall be placed on the agenda of the next regular City Council meeting. The general contractor or home builder shall be notified of the time and place of such meeting. The Council may affirm or reject to decision of the Building Official. c. The security referred to in this ordinance may be in the form of cash, money order, cashier's check or irrevocable letter of credit. Items to be escrowed for but not limited to, driveways, steps, brickwork, stucco, siding, garage floor, grading, deck footing, retaining wall, sidewalks, drainfields. ) D. If the improvements for which a security agreement has been given are not completed within a thirty (30) day period, the builder shall forfeit the security agreement and the City shall proceed to complete the improvements and collect the costs thereof from the security. E. If proof of other security is provided by the general contractor or home builder the above security will not be required. F. For the purposes of this ordinance, the term "boulevard' shall mean the area of a public right-of-way extending from the back of the curb, or the edge of a roadway where no curb is installed, to the right-of-way limit (19H, 1-12-88). Section 6. WDE Site A. No enclosed structure shall be built within 200 feet of the limit of refuse disposal at the WDE Qualified Facility as depicted as Line F in the Attached Exhibit A (Exhibit A is a drawing of the WDE Qualified Facility), except for any property north of Coon Creek. B. For any enclosed structure to be erected within 200 feet to 500 feet of the limit of refuse disposal at the WDE Qualified Facility as depicted in Exhibit A, excluding property north of Coon Creek, (the line 500 feet distant from the limit of refuse disposal is depicted as Line F) the property owner shall, prior to construction of ) 5 ) J ) the structure, install a soil gas monitoring probe located between the structure and the limit of refuse disposal at the WDE Qualified Facility. The soil gas monitoring probe shall be ofa design approved by the Commissioner. of the Minnesota Pollution Control Agency ("Commissioner") and shall be installed in it.- location approved by the Commissioner. The soil gas monitoring probe shall be installed by a water well contractor licensed in the State of Minnesota. Installation of a soil gas monitoring probe pursuant to this paragraph shall not be required if the Commissioner in their sole discretion, determines that an existing soil gas monitoring probe located in between the proposed enclosed structure and the limit of refuse disposal at the WDE Qualified Facility provided adequate monitoring. The property owner and their successor(s) and assign(s) shall grant the Commissioner and their designates access to the property in order to conduct sampling of the soil gas monitoring probe until such time as the Commissioner determines further monitoring is unnecessary. Within 30 days of the Commissioner's determination that the soil gas monitoring probe is not longer required the property owner at the time determination is made shall have the soil gas monitoring probe abandoned in accordance with Minnesota Department of Health water well abandonment requirements including having a licensed water well contractor perform the abandonment using grout tremied from the bottom up and cutting the monitoring probe riser below the ground surface. C. For all enclosed structures to be erected within 200 feet to 500 feet of the limit of refuse disposal at the WDE Qualified Facility excluding property north of Coon Creek, the property owner shall immediately upon completing construction of the enclosed structure, install in the basement or the lowest level of the enclosed structure, a minimum of one continuous explosive gas monitor equipped with an alarm set to sound at an explosive gas concentration of20 percent of the lower explosive limit (LEL) for methane. The property owner shall be responsible for the cost of installing and for maintaining said monitor. D. The extraction of groundwater for any purpose other than by the Commissioner as he or she deems necessary to carry out their duties and authorities under the Landfill Cleanup Act. Minn. Stat. SS I 1 55B.39-46, ("Act") and the Landfill Cleanup Agreement between Anoka County, the WDEPRP Group and its members, and the Commissioner ("Agreement"), from the Upper Sand Aquifer within a distance of 500 feet from the limit of refuse disposal at the WDE Qualified Facility is prohibited. This prohibition shall not apply to the repair or replacement of existing wells provided there is no material increase in the quantity of groundwater extracted from the repaired or replaced well as compared to the existing well, and that the water used for drinking water purposes from the repaired/replaced well complies with all applicable drinking water standards. Any dewatering required for the installation of a public utility or for the repair, reconstruction, or expansion of public roads or highways within the area covered by this prohibition shall be subject to the advance written approval of the Commissioner and, if approved, shall be excluded from this prohibition. 6 ) E. The extraction of groundwater for any purpose without the prior written approval of the Commissioner, other then by the Commissioner as he or she deems necessary to carry out their duties under the Act and the Agreement from the Lower Sand Aquifer within the area designated by line G on Exhibit A is prohibited. This prohibition shall not apply to the repair or replacement of existing wells provided that there is no material increase in the quantity of groundwater extracted from the repaired and replaced well as compared to the existing well and that the water used for drinking water purpose from the repaired/replaced well complies with all applicable drinking water standards. Section 7. Violations and Penalties. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment defined by State law. This Ordinance shall become effective from and after its passage and publication as required by law. Adopted by the City Council of the City of Andover this 16th day of February, 1999. ) CITY OF ANDOVER . {, 1!l6~~ . E. McKelvey, Mayor ATTEST: ~tVb Victoria V olk, City Clerk ) 7 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 205B AN ORDINANCE AMENDING ORDINANCE NO. 205 ADOPTING THE MINNESOTA STATE BUILDING CODE: The City Council ofthe City of Andover does ordain: ORDINANCE NO. 205 is hereby amended as follows: Section 1. Application. Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part chapter 1300.2100 and as modified by ehapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision 1 when so established by this ordinance. Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62 subdivision 1 and as previded for in chapter 1 of the 1991 Unif{)rm Bailding Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Rese1ation ffR307 91 ffR263 98 Ordinance #260 and as amended by the City Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70 (205A, 2-16-99). Section 3. Buildinl! Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B. 75 is hereby adopted as the building code for this jurisdietion Municipality. The code is hereby incorporated in this ordinance as if fully set out herein. A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. Chapter 1300 - MiRResota Bailding Code Administration of the Minnesota State Building Code: 2. Chapter 1301 - Building Official Certification 3. Chapter 1302 - State Building Code Construction Approvals; 4. Chapter 1303 - Minnesota Provisions:.^.doption ofthe 19941221 URiform Building Code ineluding .^.:ppendix Chapters: a. 3, Division I, Detefltion and Correetional Facilities 1 b. 12, Division II, SOl:lil:d Transmission Control 6. 29, Miniml:lffi P1l:lffibing Fixtures d. 15, Reroofing e. 16, Division I, Snowload Desi~ f. 31. Division II, Membrane Structares 5. Chapter 1305 +W+ - Adoption ofthe 2000 International Building Code: Elevators and Related Devices 6. Chapter 1306 ~ - Special Fire Protection Systems: Adoption of the 1993 l2.2Q National Electrical Code 7. Chapter 1307 1325 Elevators and Related Devices.Solar Energy Systems 8. Chapter 1309 ~ - Adoption of the 2000 International Residential Code; Fallout Shelters 9. Chapter 1311 ~ - Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings: Floodproofing Regulations 10. Chapter 1315 +MQ - Adoption of the 2002 National Electrical Code: Facilities for the HaRdicapped 11. Chapter 1325 1316 Solar Energy Systems: f.aoption oftRe 1991 Uniform Mechanical Code 12. Chapter 1330 HW - Fallout Shelters: Mawfactared Homes 13. Chapter 1335 He{) - Floodl'roofing Regulations; Prefabricated Buildings 14. Chapter 1341 136511Ql- Minnesota Accessibility Code;Snow Loads lRElustrialized/Modular Buildings 15. Chapter 1346 H.w - Adoption ofthe Minnesota State Mechanical Code: Storm SRelters (Manufactured Home Parks) 16. Chapter 1350 ~ - Manufactured Homes; Minnesota PIlHl.lbiB:g Code 17. Chapter 1360::t-fH-9 - Prefabricated Structures; Minnesota Energy Code 18. Chapter 1361 - Industrialized/Modular Buildings: 19. Chapter 1370 - Storm Shelters (Manufactured Home Parks): 20. Chapter 4715 - Minnesota Plumbing Code 21. Chapter 7670. 7672, 7674. 7676. and 7678 - Minnesota Energy Code (205A,2-16-99) B. This municipality may adopt by reference any or all of the following optional appCfld-ix chapters ofthe 19911221 Unif<lrm Building Code as affiaorized by Minnesota Rules: Chapter 1306, Special Fire Protection Systems; and Chapter 1335, Floodproofing Regulations. parts 1335.0600 to 1335. 1200. part 1305.0020 S$flart 2: 15, Reroofing; 33, Exca'/ation and Grading. 2:3. Division III. 1992 ene ood nvo family dwelling code; 33, Excavating ood Grading (205A, 2-16-99). The f<lllowing optional appendix chapters oftRe 19911221 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality (2051.,2 16 99). 1. 15, Reroofing 2. 33, Excavatiag and GradiB:g C. This municipality may adopt by reference appendix chapter K (Grading). ofthe 2001 Supplements to the International Building Code. any or all oftRe following 2 optional ehapters of MiflBesota rule: 1306, Special Fire Protection Systems with aption 8a (Group M, S, ar F 0ccllpaneies with 5,000 af more gross square fcet); 1335, Flooapr00fing regulations parts 1335.0600 ta 1335.1200. The following optional provisions identified in Section 4, Subp. B and C chapters afMiflBesota rule are hereby adopted and incorporated as part of the building code for this municipality: 1306 Special Fire Protection System with the following options: a. 1306.0020 Subp. 2 and 1306.0030 E option 1. Special Fife Prateetion System with Option 8}. b. 1335 Floodproofing regulations parts 1335.0600 to 1335.1200. D. Section 109, Certificate ofOccupancv. No building or structure shall be used or occupied, and no change in the existing occupancv classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancv therefor as provided herein including Group R, Division; ill (205A, 2-16-99). Section 7. Violations and Penalties. Any person who violates any pr0visiaB of this ordinanee shall be guilty af a misdemeatlor and shall be s1:1bjeet to applicable fines and impris0Bmeffi definea by State law._ A violation of the code is a misdemeanor (Minnesota statute 16B.69) and Minnesota Rules, Chapter BOO.This Ordinance shall become effective from atld after its passage and pablieatioB as required by la'N. Adopted by the City Council ofthe City of Andover this 6th day of May, 2003. ATTEST: li;~:"J iJLb Victoria V olk, City Clerk 3 ".'; J cr ... ... o oJ oJ i r 3 ; I (.,/l"lflOI... r- r- ,""'" , I '- ~-~ I ' , , .,~~. : I ! ,; I : j ~......... F I . I . ,. . . 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