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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.

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 is not under current enforcement action 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, and/or plan review, all state projects?

*Must satisfy A, B and C

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.

B.) Current experience. The five years of experience described in "A" means the inspection or plan review and inspection of at least five buildings in the past five years. Relevant certifications or training courses must be within the past five years.

C.) Minimum five years’ experience in performing inspections or plan review and inspections of fire protection system installations to determine compliance with approved plans, 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 resume.
  • 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 delegation authority cannot be granted at the time of application, a CCLD staff member will send a letter to the municipality detailing the reasons why the delegation was not granted and the process for reconsideration and appeal.

What will the on-site interview involve?

  • A staff member from CCLD will verify resume of qualifications for each applicant that has applied and verify the information provided. Note: to complete this verification 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.
  • Verify any inspector certification and training listed on the resume. Certificates of attendance must be provided.
  • If delegation authority cannot be granted after the onsite interview, a CCLD staff member will send a letter to the municipality detailing the reasons why the delegation was not granted and the process for reconsideration and appeal.

How long will the process take?

  • The initial review and determination of the Delegation Agreement Application and Resume of Qualifications should take no longer than one week.
  • Staff will attempt to perform the on-site interview within two weeks of approving a Delegation Agreement Application.
  • Depending on the degree of preparedness of the applicant, the on-site interview should take no longer than one to two hours per inspector.
  • Depending on the degree of preparedness of the applicant and the schedules of municipal and CCLD staff, the entire process should take no longer than 30 days.

What if I disagree with the determination?

  • The municipality can correct any deficiencies listed by DLI and request reconsideration in writing. See statute (PDF).
  • If DLI denies the request for reconsideration, a CCLD staff member will send a letter to the municipality detailing the reasons why the delegation was not granted and the process for an appeal.
  • The municipality aggrieved by the final determination may appeal. See statute (PDF).
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