OFFICE MEMORANDUM DATE: TO: FROM: May 22, 2007 All Municipal Building Code Officials Thomas C.

Anderson State Building Official Transition to the 2007 Minnesota State Building Code
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SUBJECT:

The Minnesota State Building Code is expected to take effect July 10, 2007. Municipal code officials are encouraged to begin preparing for a transition to the new code. In order to help with the transition, the Division will in the coming weeks be sending each jurisdiction a copy of the final rule once it has been published by the revisor’s office, sample ordinances, and a document that will outline the changes in the International Building Code, International Fire Code and International Residential Code that occurred between the 2000 and 2006 editions. In the interim you can access the status and view the new rules on our web page at www.doli.state.mn.us/rulemaking_activity.html. With the new code coming into effect, questions have arisen about the proper transition to the new codes, with particular consideration for building projects currently in various stages of construction or planning process. The following is our policy. • Permits Issued Before July 10, 2007

Projects for which permits have been issued prior to July 10, 2007 should be required to comply with the 2003 Minnesota State Building Code. When these buildings are completed the Certificate of Occupancy should certify to the 2003 Minnesota Building Code. If a jurisdiction has made an agreement prior to July 10 with a builder who has chosen to build to the 2006 IRC or IBC, that code would apply as an alternate acceptable to the building official. • Applications for permits received before July 10 where permits will be issued on or shortly after July 10.

Section 1300.0130 Subdivision 7 of the 2003 Minnesota Building code states “Subd. 7 Previous approvals. The code in effect at the time of application shall be applicable.” This provision was added to the code in 2003 in order to make it clear that the code to be applied is the one in effect at the time plans were submitted for review.

Page 2 • Applications for permits received after July 10.

Applications for permits received after July 10 should be reviewed for compliance based on the 2007 Minnesota State Building Code unless the jurisdiction has been involved in preliminary plan reviews or agreed prior to July 10, as an alternate acceptable to the building official to allow a design based on the 2003 Minnesota State Building Code. The Construction Codes and Licensing Division believes a smooth transition to the new code is in best interest of building owners, contractors and the community in which the project is located. Buildings built under either the 2003 Minnesota Building Code or the 2007 Minnesota Building Code will provide a reasonable level of safety. Contractors who are involved in large project build outs should be readying to the new code as quickly as practical and should be contacted to discuss the transition. This discussion may be particularly important this year with the new provisions requiring fire sprinklers in certain residential buildings and where utilities and water services have already been designed and installed. We believe it is appropriate and reasonable that local building officials use judgment along with these guidelines to provide for a smooth transition without adding unnecessary costs for a redesign or reconstruction where the public good cannot be justified.