Minn. R. 1300 § 1300.0230
BOARD OF APPEALS.
Operative Text
Subpart 1. Local board of appeals. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be designated by the governing body. Appeals hearings must occur within ten working days from the date the municipality receives a properly completed application for appeal. If an appeals hearing is not held within this time, the applicant may appeal directly to the State Building Code Appeals Board. The board shall adopt rules of procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official and to the state building official within five working days of the decision. For jurisdictions without a board of appeals, the appellant may appeal to an appeals board assembled by the state of Minnesota, Department of Labor and Industry's Construction Codes and Licensing Division. Subp. 2. Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the affected jurisdiction. Subp. 3. Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. Subp. 4. [Repealed, L 2012 c 295 art 1 s 17] Subp. 5. Final interpretive authority. In accordance with Minnesota Statutes, section 326B.127, subdivision 5, the commissioner has final interpretive authority to all codes adopted as part of the State Building Code, except for the State Plumbing Code, the State Electrical Code, and the State High Pressure Piping Code.
Minnesota Rule 1300, Section 1300.0230 establishes a local board of appeals that hears challenges to building official decisions about code application and interpretation. Appeals hearings must be scheduled within ten working days of receiving a completed application; if that deadline is missed, the challenger may go directly to the State Building Code Appeals Board. The board's authority is limited to reviewing whether the code was misinterpreted, whether it fully applies, or whether an equivalent construction method is acceptable — it cannot waive code requirements outright. Final interpretive authority over the State Building Code rests with the Minnesota Department of Labor and Industry commissioner, per Minnesota Statutes section 326B.127, subdivision 5.
Plain English — not legal advice.
Under Minn. R. 1300 § 1300.0230, property owners and managers who disagree with a building official's code interpretation or decision have a defined path to challenge it through the local board of appeals. A compliant operator generally submits a properly completed appeal application, noting that the basis must be a claim of misinterpretation, inapplicability of a provision, or an equivalent construction method — not simply a desire to avoid a requirement. If the local board does not hold a hearing within ten working days, operators are aware that the appeal may proceed directly to the State Building Code Appeals Board, and that the Minnesota Department of Labor and Industry commissioner holds final interpretive authority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. R. 1300 § 1300.0230 creates a formal appeals process for challenging building official decisions, which can be relevant to tenants when code enforcement determinations affect their housing conditions. Tenants or their representatives may file a properly completed appeal application with the local board; if a hearing is not held within ten working days, the appeal can be taken directly to the State Building Code Appeals Board. For jurisdictions without a local board, the Minnesota Department of Labor and Industry's Construction Codes and Licensing Division can assemble an appeals board — and consulting a tenant-rights organization can help clarify which avenue applies to a given jurisdiction.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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