Posted: 7/19/05
County hears pros and cons of building code
By David Heiller
Argus News Editor
Should Houston County adopt the Minnesota State Building Code?
The county board is considering that question in light of concerns that buildings are being used for things other than what they were built for.
If adopted, the code would apply to all buildings except agriclutural ones in county townships. Ag buildings on land taxed for agriculture would be exempt. Cities have their own jursdictions, so buildings in them would be exempt from the county building code.
Two representatives from Minnesotaís Building Codes and Standards Division (MBCSD) discussed the topic with county commissioners and half a dozen citizens on July 12.
The 45-minute discussion skimmed the surface of the complex rules in the 27-page adoption guide that MBCSD representative Michael Fricke distributed.
Paul Heimkes, the senior representative from the Southeast Region of the MBCSD, emphasized that there were both pros and cons to having a county building code.
The county must be prepared for hurdles when it sets up a building code, he said. If thatís not the case, donít do it, he warned.
ìI do not want to convince you to adopt a code. Thatís not my goal,î he said.
Benefits of adopting the building code include consistent and safe construction standards, and integrating other construction-related requirements such as contractor licensing and electrical and plumbing codes, Heimkes said.
It can also be a money maker for the county, because fees are set by the county, Heimkes said, but fees should be set to cover the service required and nothing more.
Commissioner Kevin Kelleher asked how the codes are enforced. Both Fricke and Heimkes said there are different avenues for that, from Department of Commerce judgments to misdemeanor citations issued by building code inspectors.
ìIf thereís no enforcement, itís just a collection fee system and creates problems for us,î Kelleher said.
Inspectors can also withhold a final certificate of occupancy from general contractors, Fricke said.
A hands-on inspector can help eliminate problems, Heimkes added, and problems are usually resolved before citations are issued.
The Department of Commerce doesnít fool around, Fricke said, will issue fines and pull contractorsí licenses.
Commissioner Larry Graf asked what recourse people would have if a a problem occurred later.
Heimkes answered that there is a three year statute of limitations.
Adopting a building code can lead to hostilities because nobody likes to be told what to do, Heimkes said.
He figured that one full-time person could handle Houston County, and that maybe the county could share the position with other cities.
There are 10-15 required inspections during the course of building a home, Heimkes estimated. He thinks most contractors are happy to pay the fee as long as the code is enforced consistently.
People can still build their own homes and serve as their own contractor, and hire sub-contractors, Heimkes said. The builder is responsible for code compliance.
A few city and township officials spoke in favor of the plan.
Lucille Lemke from Money Creek Township said she would have avoided problems on her house four years ago had a building code been in place.
La Crescent Fire Department Chief Bernie Buehler said his city has a building code and it is the best thing that has happened to his city. It catches problems early and takes care of future problems.
Fred Huhn from the City of Houston said they had a case where a garage turned into a triplex with three meters.
Heimkes said that in a case like that, a certificate of occupancy would be required, and a citation could be issued if that didnít occur.
Heimkes gave one warning as the discussion ended. He said the building code is all-inclusive, and it has a lot of fine points. For example, if you want to change your furnace, you need a permit and inspection. The same goes with things like putting on a new roof or new siding.
ìA lot of jurisdictions decide they donít want to get that finite,î Heimkes said. ìYou have to enforce it.î
The discussion concluded with commissioner Ann Thompson suggesting that a public meeting be held on the subject.
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