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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 />Mr. Thomas Jacobs <br />Building Official <br />City of Orono <br />P. C. Box 66 <br />Crystal Bay, MN 55323 <br />Re: "Variance" to Administrative Rule 1305.6905 <br />Dear Mr. Jacobs: <br />APR ' I W <br />l <br />400 METRO SQUARE <br />7TN AND ROSERT STS. <br />ST. PAUL. MN 65101 <br />101101w, 612/296-4439 <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 />matters pertaining to building construction .11. <br />Administrative Rule 1305.6;05, ;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 />Building 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 "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 />rrocess for municipal ordinances because the State Building Code is <br />State regulation administered and enforced by the mun!cipalities. <br />I trust that the above rta�,u se adequately addresses your inquiry. <br />Respectfully, <br />BUILDING COPES AND STANDARDS DIVISION <br />Flroy Berdahl <br />Supervlaor, Code Administrator <br />