Municipal delegation agreements for public buildings and state-licensed facilities
What is a municipal delegation agreement?
A municipal delegation agreement is a written agreement or transfer of responsibility between the Minnesota Department of Labor and Industry (DLI) and a municipality. It identifies who is authorized to administer all or portions of the Minnesota State Building Code (MSBC) on these state building projects.
What are public buildings and state-licensed facilities?
View details about public buildings and state-licensed facilities here.
What types of delegation agreements can a municipality request?
There are three kinds of delegation agreements a municipality can request:
How can my municipality obtain a delegation agreement to inspect reserved projects?
- The municipality must have adopted the state building code.
- The municipality must have a certified building official or certified limited building official designated and on file with DLI.
- The building official cannot be under an active enforcement investigation by DLI.
- Submit a completed Delegation Agreement Application (PDF).
How can my municipality obtain a delegation agreement to inspect all state projects?
How can my municipality obtain a delegation agreement for both plan review and inspections of all state projects?
What qualifications and experience are required to be considered for a delegation agreement to inspect or plan review and inspect all state projects?
A person wishing to perform delegation services must satisfy A, B and C below:
A. Minimum five years of experience in performing inspections or plan review and inspections to assure compliance with the Minnesota State Building Code on schools, hospitals, nursing homes, colleges, dormitories, correctional facilities or other buildings having elements in at least five of the following component categories:
- Structural: cast-in-place reinforced concrete [composite] floors, walls and structural members, structural masonry, structural steel and connections, precast concrete, pilings (all with evidence of completed Special Inspection)
- Fire-resistance: walls, floors, structural members, penetrations, spray-applied fire-proofing, shafts, smoke barriers, smoke compartments, smoke and fire dampers
- Egress: exit enclosures, horizontal exits, elevator lobbies, exit passageways, areas of refuge, alternate locking devices
- Mechanical: type 1 hoods, hazardous-exhaust systems, process piping, ventilation systems with make-up-air
- Fire protection: alarm systems, alternate fire-protection-system designs, smoke control systems
- Miscellaneous: hazardous materials storage or control rooms, atriums, auditoriums, stages, grandstand-type bleacher seating structures, pedestrian walkways, emergency power systems
Relevant certifications or training courses may substitute for a maximum of one year of experience. Relevant certifications or training courses must have been completed within the past five years.
B. Performed inspection or plan review and inspection of at least five buildings in the past five years that meet the criteria in "A."
C. Minimum five years of experience in performing inspections or plan review and inspections of fire protection system installations to determine compliance with the Minnesota State Building Code, Minnesota State Fire Code, and National Fire Protection Association (NFPA) standards.
What can I expect after I apply?
- A staff member from CCLD will review the application and resume(s).
- If the application and resume(s) appear to qualify the municipality for a delegation agreement, a CCLD staff member will contact the applicant to set up an on-site interview.
- If the application and resume(s) do not appear to qualify the municipality for a delegation agreement, a CCLD staff member will send a letter to the municipality detailing the reasons why the delegation cannot be granted and the process for reconsideration.
What will the on-site interview involve?
- A staff member from CCLD will verify the information provided on the application and resume(s). You’ll need to provide, for each project listed on the application:
- permit applications, plans and plan review correspondence, inspection records, compliance testing, special inspection reports and certificate of occupancy,
- proof of any inspector certification and training listed on the resume. Certificates of attendance must be provided.
- If delegation authority cannot be granted after the on-site interview, a CCLD staff member will send a letter to the municipality detailing the reasons why the delegation agreement was not granted and the process for the municipality to request reconsideration.
How long will the process take?
- The initial review of the application and resume(s) should take about one week.
- CCLD staff will try to perform the on-site interview within two weeks of reviewing an application and resume(s) that appear to qualify for a delegation agreement.
- If the applicant is able to provide all the required information at the on-site interview, then:
- the on-site interview should not take longer than two hours of each applicant’s time;
- the entire process should not take longer than 30 days, although this may vary depending on CCLD staff availability.
What if I disagree with the determination?
- The municipality must be provided an opportunity to correct any deficiencies listed by DLI and request reconsideration in writing. See statute (PDF).
- The commissioner must then issue a final determination.
- If DLI denies issuance of a delegation agreement based upon the request for reconsideration, a CCLD staff member will send a letter to the municipality detailing the reasons why the delegation agreement was not granted and the process for appealing the final determination.