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(Published in the Brainerd Dispatch, Apr

(Published in the Brainerd Dispatch, April 10, 2022, 1t.) ORDINANCE NO. 1526 AN ORDINANCE REPLACING SECTION 450: PROPERTY MAINTENANCE CODE THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE; Section 450 of Chapter IV of the City Code is hereby repealed in its entirety and replaced with the following: 450.01 Title: The City of Brainerd has designated the International Property Maintenance Code (IPMC) as the Property Maintenance Code of the City of Brainerd for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Brainerd; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code. This ordinance shall perpetually include the most current edition of the International Property Maintenance Code with the exception of the provisions provided herein. 425.02 Amendments to the IPMC: The following sections of the International Property Maintenance Code are amended as follows: Subd. 1 Generally. References to other codes and standards promulgated by the International Code Council in the International Property Maintenance Code are modified in this part. Subd. 2 Building Code. References to the International Building Code mean the Minnesota Building Code, Minnesota Rules, Chapter 1305 or mean the Minnesota Residential Code, Minnesota Rules, Chapter 1309 or mean the Minnesota Electrical Code, Minnesota Rules, Chapter 1315. Subd. 3 Residential Code. References to the International Residential Code mean the Minnesota Residential Code, Minnesota Rules, Chapter 1309. Subd. 4 Electrical Code. References to the NFPA 70 mean the Minnesota Electrical Code, Minnesota Rules, Chapter 1315. Subd. 5 Fuel Gas Code. References to the International Fuel Gas Code mean the Minnesota Mechanical and Fuel Gas Code, Minnesota Rules, Chapter 1346. Subd. 6 Mechanical Code. References to the International Mechanical Code mean the Minnesota Mechanical and Fuel Gas Code, Minnesota Rules, Chapter 1346. Subd. 7 Plumbing Code. References to the International Plumbing Code mean the Minnesota Plumbing Code, Minnesota Rules, Chapter 4714. Subd. 8 Fire Code. References to the International Fire Code mean the Minnesota Fire Code, Minnesota Rules, Chapter 7511. Subd. 9 Energy Conservation Code. References to the International Energy Conservation Code mean the Minnesota Energy Code, Minnesota Rules, Chapters 1322 and 1323. Subd. 10 Existing Building Code. References to the International Existing Building Code mean the Minnesota Residential Code, Minnesota Rules, Chapter 1309. Subd. 11 Accessibility Code. References to accessibility mean the Minnesota Accessibility Code, Minnesota Rules, Chapter 1341. Subd. 12 Zoning Code. References to the International Zoning Code mean the City of Brainerd Zoning Code, Section 515. Subd. 13 Section 101.1 of the IPMC. Insert: [the City of Brainerd] Subd. 14 Section 102.3 of the IPMC. Application of other codes - is amended as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the currently adopted Minnesota State Building Codes and Minnesota Fire Codes. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the City of Brainerd Zoning Code. Subd. 15 Section 103.1 Insert: [Property Maintenance Inspection] Subd. 16 Section 104.1 Fees – is amended as follows: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in Section 1015.01 of the Brainerd City Code. Subd. 17 Section 107 Means of Appeal is deleted in its entirety. Subd. 18 Section 108 Boards of Appeals is deleted in its entirety. Subd. 19 Section 112.6 Hearing is deleted in its entirety. Subd. 20 Section 302.4 insert: [six (6) inches in height] Subd. 21 Section 302.14 insert: [May 1 to November 1] Subd. 22 Section 304 is amended by the addition of the following section: 304.20 Exterior Completion of Single-Family and Two-Family Dwelling Unit Buildings. The roof and all exterior surfaces of single-family dwelling unit and two-family dwelling unit buildings, and buildings and structures accessory thereto, shall be completed with exterior finish materials within one (1) year from the effective date of this subdivision or within one (1) year after the date of the building permit, whichever is later, for the new construction, alteration, remodeling or relocation of such building or structure. Any person unable to satisfy conditions of this subdivision due to unforeseen conditions having a significant impact on the completion of the exterior may request an extension to the initial one (1) year time limit. Such a request shall be made in writing, submitted at least thirty (30) days prior to the initial expiration date. The request shall be reviewed by the City Building Official and City Planner. One (1) extension of up to one (1) year may be granted by joint approval of the City Building Official and City Planner if the exterior work is proceeding expeditiously and will be at least fifty percent (50%) complete at the end of the initial one-year period. The decision of staff may be appealed to the City Council. Subsequent requests for time extensions shall require a formal variance pursuant to Section 515-7. The term “finish materials” as used in this subdivision shall mean materials installed in compliance with the building code and shall include, but not be limited to stucco, brick, stone, shingles or shakes, painted, stained or color clad siding materials, windows, and doors. Tar paper, unfinished plywood, fiberboard sheathing, foam insulation, brown coat or scratch coat of stucco, plastic sheeting and other similar materials not designed to be exterior finish shall not be considered an acceptable exterior finish. Subd. 23 Section 308.3.1 Garbage facilities is deleted in its entirety. Subd. 24 Section 602.3. insert: [October 15 to April 15] Subd. 25 Section 602.3. insert: [October 15 to April 15] Subd. 26 Appendix B Board of Appeals is deleted in its entirety. SECTION TWO: Effective Date of Ordinance. The effective date of this Ordinance is one week from and after its publication. Adopted this 4th day of April 2022 /s/ KELLY BEVANS President of the Council Approved this 5th day of April 2022 /s/ DAVE BADEAUX Mayor ATTEST: /s/ JENNIFER BERGMAN City Administrator