(DOWNLOAD) "City of Morris v. Sax Investments" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: City of Morris v. Sax Investments
- Author : Supreme Court of Montana
- Release Date : January 15, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
In this case, we must determine whether the Minnesota State Building Code, Minn. Stat. §Â§ 16B.59-.75 (2006), permits the enforcement of four inspection standards contained in the Rental Licensing Ordinance of the City of Morris (Rental Licensing Ordinance), Morris, Minn., Rental Licensing Ordinance § 4.32 (2002). The district court concluded that the ordinance provisions regulate the business of rental housing, not the design or construction of buildings, and are therefore permitted under state law. The court of appeals affirmed, concluding that the ordinance provisions do not regulate ?the act of building,? but instead impose ?standards of habitability? on ?the subsequent use of the building as a business.? City of Morris v. Sax Invs., Inc., 730 N.W.2d 551, 556 (Minn. App. 2007). We conclude that the ordinance provisions regulating ground fault interrupter receptacles, bathroom ventilation, and egress window covers are building code provisions that regulate a component or system of a residential structure and differ impermissibly from the State Building Code, and that these provisions are therefore prohibited by state law. But we conclude that the factual record is insufficient for us to determine whether the ordinance provision regulating smoke detectors in sleeping rooms is prohibited by state law. Accordingly, we reverse and remand to the district court.
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