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STATE OF MINNESOTA <br />DEPARTMENT OF ADMINISTRATION <br />SAINT PAUL <br />BUILDING CODES AND <br />STANDARDS DIVISION <br />April 8, 1988 <br />14r. Thomas Jacobs <br />Building Official <br />City of Orono <br />P. o. Box 66 <br />Crystal Bay, MN 55323 <br />Re: "Variance" to Administrative Rule 1305.6905 <br />Dear Mr. Jacobs: <br />r APR 1 W8 <br />408 METRO SQUARE <br />7rH AND ROBERT STS. <br />ST. PAUL. MN 55101 <br />Phone 612/296-4639 <br />This letter is in response to your letter of inquiry on the above referenced <br />subject. <br />Administrative Rule 1305.0500 Section 204 obligates municipalities <br />to establish a Board of Appeals for building code matters. It is important <br />to note that their authority is limited ". . . to determine the suitability <br />of alternate materials and methods of construction and to provide for <br />reasonable interpretations of this code . . ." . The Board members <br />are to be ". . . qualified by experience and training to pass upon <br />mutters pertaining to building construction .". <br />Administrative Rule 1305.6905, Special Fire Suppression Systems, Is <br />an optional provision of the State Building Code. Pursuant to Administrative <br />Rules 1300.1500, 1300.1900, and 1305.0150, when optional provisions <br />of the Code are adopted by a municipality they become part of the State <br />Tlliilding Code and are required to be administered and enforced uniformly <br />within the ,jurisdictional boundaries of that municipality. <br />The requirements of the Minnesota State Building Code, inclusive of <br />the municipality adopted optional provisions, are by State statute <br />minimum requirements. Because the requirements are minimum, neither <br />State statute nor regulation provide for a II hardship," "variance," or <br />"waiver" provision. The building code administrative process Is clearly <br />defined and is not purview of municipal boards and councils - other <br />than the Building Code Board of Appeals. This differs from the administrative <br />process for municipal ordinances because the State Building Code is <br />State regulation administered and enforced by the municipalities. <br />I trust that the above response adequately addresses your inquiry. <br />Respectfully, <br />BUILDING CODES AND <br />STANDARDS DIVISION <br />Elroy BErdahl <br />Supervisor, Code Administrator <br />FR/c j AN EQUAL OPPORTUNITY EMPLOYER <br />