Construction Services and the Zoning Coordinator receive requests from state of MN agencies for verification of compliance with the building and/or zoning codes for buildings or spaces where programs regulated by state agencies are proposed.
City of Duluth staff will research the zoning and determine whether the proposed use is permitted in the zone district and will research the last approved use of the building or space in Construction Services’ records and, based on information provided about the proposed program, determine whether the proposed use is a change from the prior approved use according to building code criteria.
A fee of $96.00 is required for staff time to research the last approved use and gather information to determine the proposed use’s occupancy category in the building code. No fee will be required for requests limited to zoning information.
Results of Staff Determination
If according to the building code the program is a change of use for the building or space, or if construction or related work is proposed in conjunction with the program, a MN licensed architect must prepare and certify a code summary for the building before the program can occupy the space.
The code summary prepared by the architect will document the last approved use and the proposed use and will provide an analysis of applicable building, fire and zoning code requirements and identify any requirements that are not met.
If work is required to achieve compliance or is proposed in the building or space, a MN licensed architect must provide plans and a code summary for the work. Permits, plan review and inspections must be completed and the work approved prior to use of the space.
New construction or changes of use require that a certificate of occupancy be issued prior to use of the space.
If there is no change of use and no work is proposed or required, the form will be completed by the Plans Examiner and/or Zoning Coordinator, with notes included that document the information on which the response was determined. Generally, if no change of occupancy or use according to building code criteria is proposed, no inspection will be done, but this will be determined on a case by case basis.
Timeline and Information Required at Time of Request
Construction Services and/or Planning staff will complete the interagency requests for compliance verification form and return it to the program contact person.
Construction Services aims to begin processing these research projects within three days of receipt of the fee. The timeline to complete the research and the form will vary depending on the information available in Construction Services’ records and the program information provided.
The program contact person must provide his or her email address, a detailed description of the location of the proposed program, including suite or unit number if applicable, and the type of license proposed. Construction Services staff will contact the program contact person with additional detailed questions during the research process.