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Municipal delegation agreements

What you need to know

A municipal delegation agreement is a written agreement or transfer of responsibility between the department 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 the department.

  • Submit a completed Delegation Agreement Application.

How can my municipality obtain a delegation agreement to inspect all state projects?

  • The municipality must have adopted the state building code.

  • The municipality must have a certified building official designated and on file with us.

  • The building official cannot be under an active enforcement investigation by the department.

  • Submit a completed Delegation Agreement Application and Resume of Qualifications for each person who wants to provide these services.

How can my municipality obtain a delegation agreement for both plan review and inspections of all state projects?

  • The municipality must have adopted the state building code.

  • The municipality must have a certified building official designated and on file with us.

  • The building official cannot be under an active enforcement investigation by the department.

  • Submit a completed Delegation Agreement Application and Resume of Qualifications for each person who wants to provide these services.

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 demonstrate technical experience relating to the inspection and plan review of public buildings and state-licensed facilities and 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 the following component categories, for example:

  • 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 could equate to one year of experience. Relevant certifications or training courses ideally should 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) qualify the municipality for a delegation agreement, a CCLD staff member will contact the applicant to confirm the application and resume(s) qualifying and to review the delegation agreement.

  • 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.

How long will the process take?

  • The initial review of the application and resume(s) should take about one week.

  • Obtaining all the municipal and state signatures required to complete the delegation agreement and to return a copy of the agreement to the municipality should take about two weeks.

What if I disagree with the determination?

  • The municipality must be provided an opportunity to correct any deficiencies we find and request reconsideration in writing. See statute.

  • The commissioner must then issue a final determination.

  • If we deny issuance of a delegation agreement based upon the request for reconsideration, we 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.