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`6� L�� <br />..7 <br />MEMORANDUM I' I <br />MAY2� ! <br />TO: Mark Bernhardson <br />FROM: TJBarrett/BKWhitney <br />RE: State Building Code Background and Appeal <br />Procedure --Application to Trinity Lutheran Church <br />DATE: May 20, 1988 <br />BACKGROUND <br />The Minr:esota Legislature has adopted a Stag Building <br />Code, Minn. Stat. § 16B.59-85 (1987), and all municipalities <br />must adopt and enforce the provisions of the code. Minn. Stat. <br />§ 16B.62, subd. 1 !1987). The Commissioner of the Department of <br />Administration ("Commissioner") has been invested with authority <br />to establish the requirements of the State Building Code. Minn. <br />Stat. § 16B.61, subd. 1 (1987). Pursuant to this authority, the <br />Commissioner has adopted by rulemaking the 1985 Uniform Building <br />Code ("UBC") as the primary governing document on buildiny <br />construction. Minn. Code Agency R. § 13.05.0100 (1987). Thus, <br />procedures for building code enforcement may arise fror:i state <br />statutes, Department of Administration rules, and the '965 UEC. <br />A local building official is the primary enf rcement <br />authority. Every municipality must appoint a building official <br />to "administer the code." Minn. Stat. § 16B.65, subd. 1 <br />(1987). The UBC confirms these enforcement powers stating that <br />the building official is "authorized and directed to enforce all <br />the provisions" of the UBC. Uniform Building Code, § 202(a) <br />(1985). The building official's primary responsibility is to <br />review and grant building permits. Uniform Building Code, <br />§ 303(a)(1985). while every municipality appc nts the building <br />official, his decisions are controlled by'sta '.aw. <br />II. APPEAL PROCEDURES <br />A. Local Board of Appeals <br />As stated above, the local buildinq official make, any <br />initial decision on enforcement matters. The UBC, however, <br />requires each jurisdiction to form a local Board of Appeals <br />("Board") which provides an avenue of appeal for decisions by <br />the building official. Uniform Building Code, S 204 (1985). <br />The UBC defines the purpose of the Board as determining "the <br />suitability of alternate methods of construction and to provide <br />reasonable interpretations" of the UBC. Id. <br />