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Memo: Designation of certified building official

Date: September 2013

To: All administrative authorities

From: Steve Hernick, State Building Official

Subject: Designation of certified building official


M.S.326B.133,  Subdivision 1.  Designation.  Each municipality shall designate a building official to administer the code.  A municipality may designate no more than one building official responsible for code administration defined by each certification category created by statue or rule.  Two or more municipalities may combine in the designation of a building official for the purpose of administering the provisions of the code within their communities. In those municipalities for which no building official has been designated, the state building official may use whichever state employees are necessary to perform the duties of the building official until the municipality makes a temporary or permanent designation.  All costs incurred by virtue of these services rendered by state employees must be borne by the involved municipality and receipts arising from these services must be paid to the commissioner.

M.S.326B.133,  Subdivision 7.   Vacancies.  In the event that a designated building official position is vacant within a municipality, that municipality shall designate a certified building official to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy or designation in writing within 15 days.  If a municipality fails to designated a building official within 15 days of the occurrence of the vacancy, the state building official may provide employees to serve the function as provided in subdivision 1 until the municipality makes a temporary or permanent designation.

Please note: that a building official must be certified by the Commissioner of Labor and Industry to be eligible for designation, and that your municipality may not issue building permits without a designated certified building official.

For your convenience, a form for notifying the Commissioner of your designation is provided with this letter. Please complete the form and send it to the Department of Labor and Industry Building Codes and Standards Unit 443 Lafayette Road N., St. Paul, MN 55155 as soon as possible. If you have questions, please call Doug Nord at 651-284-5838, regional and administrative services section. Thank you for your cooperation.

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