Section 11 - BUILDING
CODE PERMITS, FIRE CODES,
ZONING AND
LICENSES
Requirements
Federal, state and local governments regulate and tax businesses for several reasons, such as raising revenues, protecting the public from dangerous substances and fraud, and protecting businesses from unfair or illegal competition. If you are starting a business, you will want to determine in advance the licenses, permits, filing requirements and taxes required by various agencies. It can be very frustrating when trying to purchase supplies, applying for a loan, or filing a tax return, to find out that you need some type of business permit or I.D. number.
Some of the most common requirements needed in North Dakota are a sales tax permit for retail sales from the state tax department, operating licenses by type of business, and registering trade names and filing articles of incorporation with the secretary of state. Additional requirements which may be in effect if employees are hired include: obtaining an employer identification number from the IRS, state and federal income tax withholding, F.I.C.A. (Social Security) withholding tax, unemployment insurance and worker's compensation. Information on the filing requirements and the names and addresses of various agencies to be contacted in North Dakota are found in NDSU Extension Service circular 752, "Business Reports, Forms, and Licenses Required in the State of North Dakota." (enclosed) This publication is available now only on the NDSU Extension Service web page at: http://www.ag.ndsu.nodak.edu/ced/communitypage.htm. For more information please contact our office: NDSU Extension Service, 2718 Gateway Ave, Suite 104, Bismarck, North Dakota 58503 or call 701-328-9718.
Many cities and counties having zoning ordinances that restrict certain business activities to a designated area. There may also be local guidelines regulating business activities, such as the use of advertising signs, lighting, parking, etc. Town residents, especially, should know about local ordinances before making any major investment in the business. In some residential neighborhoods, it may be possible to have the area spot-zoned for your home business.
A zoning use permit is needed when making significant renovations or additions
to your home to accommodate the business (changing from residential to commercial
use) or if the commercial use of the building is changed. The permit is required
so the building can be certified safe for the operation of the business and
the safety of your customers. Building permits, especially in cities and
towns, are required when erecting a new building or remodeling an existing
one. Local and state building inspectors should be contacted to determine
the building code requirements.
Zoning and Fire Codes
Most cities and counties differ to some degree on their zoning laws. It is important to become acquainted with restrictions and/or special requirements that exist in your residential area. The fact is these fire and life safety requirements are applicable to any residential facility which has a "change of use": i.e., any place where the original intended "use" of a home or similar property is changed. Change in use is the defining factor. For an example, if your current "single family private residence" contains five (5) bedrooms and you decide to start renting several of these rooms out to overnight guests, you have now, "changed the use" from a single family private dwelling to that of a "tourist home". This same "change of use" could apply to remote cabin sites, dude ranches and other locations where the owner is "renting" sleeping rooms to transient guests. As a result, additional fire and life safety requirements must be incorporated into the residence. Don't be surprised if the zoning officials are not aware of these restrictions and/or special requirements. The most important thing to remember is that if you "change the use" of the property, you are required to check into what rules and regulations may apply to the proposed new property. If you are proposing to convert your existing home or another existing home located elsewhere or if you are proposing to construct a new Bed & Breakfast"/Tourist Home"/"Dude Ranch", etc., you must contact the local official responsible for providing fire protection to the area. If this individual cannot provide you with the information you seek, you must contact the North Dakota State Fire Marshall's Office at 701-328-5555. Website address: http://www.ag.state.nd.us Minimal Fire and Life Safety requirements are required at ALL facilities which provide sleeping rooms to transient guests. Permits and/or licenses for such facilities are issued by other state agencies but are dependent upon a "positive" inspection report from the North Dakota State Fire Marshall or local fire official. These requirements are applicable at ALL facilities which "rent" or provide sleeping rooms to tourist and include all "R" (residential) type occupancies. Examples of "residential" type facilities are: Dwellings, Congregate residences, Lodging Houses, Tourist Homes, Dormitories, Dude Ranches (including individual cabins), Church camps, Retreat facilities, etc. (These are all places where people may sleep). If you are unsure where you would fit into this area, by all means contact the State Fire Marshall for clarification.
Knowledge before hand saves time and money.
GUIDELINES FOR REQUESTING ASSISTANCE
FROM
THE STATE FIRE MARSHAL'S OFFICE
The State Fire Marshal's Office (website: http://www.ag.state.nd.us) is a support agency to assist the local fire official in determining the cause and origin of fires. A deputy fire marshal will be made available when requested by the local fire/law enforcement official.
When should you call?
When you want assistance in:
How soon can you expect help?
What do you do prior to our arrival?
How to contact us:
Phone Call Guidelines for State Fire Marshal's Office
(Fire Marshal Areas in Bold)
Aboveground Storage Tanks: Installation, permits, questions: Refer call to deputy state fire marshal for that city or region.
Anhydrous Ammonia:
Containers, piping, valves, associated equipment, and facility inspection: Bob Reetz, Ins. Dept., 8-9600
Location, spacing, local transport, filling, etc.: Barry Coleman, Ag. Dept., 8-4756
Blasting License: Public Service Commission, 8-2400
Building Code: - Intergovernmental Assistance, 8-2094
Burn Permit/Controlled Burn Permit: Health Dept., Air Quality Mgt., 8-5188. The individual should also notify local fire chief.
Carbon Monoxide Detectors
Explosives:
Blasting permit/license - Public Service Commission, 8-2400
Storage
Fire Extinguisher/Sprinkler Certification: Not required in ND
Fire Fighting:
Certification - ND Firemen's Association, Lois Hartman, 222-2799
Fire Departments/Districts
Forest/Wildland - ND Forest Service, 8-9944
ISO (Insurance Service Office) 800/444-4554 CRS/ISO
Property insurance loss register (PILR)
Training
Fire Investigations:
Reports
Requests for investigations
Training
Fire Prevention
Code:
Code interpretations
Fire safety questions
State fire code
Inspections:
Assemblies
Bars
Day Care
Health facilities (hospitals, nursing homes, etc) - Health Dept., 8-2352
Hotels/motels - Health Dept., Food & Lodging, 8-1292
Schools
State buildings
Plan Review:
Fuel storage
Schools
Sprinklers
General Public Education:
Literature
Training
Fire Protection Equipment:
Certification/licensing - Not required to register in ND.
Extinguishers
Fire alarm devices
Hood systems
Smoke alarms
Sprinkler systems
Fireworks:
Licensing:
Wholesale - Attorney General, LaVerne, 8-3539
Retail - Local, county or city.
Sale
Use
Fuel Storage:
Aboveground storage tanks
Accidental spill - State Radio, 8-2121 (Emergency line)
Bulk tanks
Compresses natural gas tanks
Farm tanks
Inspections
Propane tanks
Registration - Insurance Dept., 8-3246 or Dept of Emergency Mgt., 8-2111
Service station tanks
Underground storage tanks - Health Dept., Waste Mgt., 8-5166
Hazardous Materials:
Accidental release - State Radio, 328-2121 (Emergency line)
All agricultural chemicals - Ag. Dept., 328-4756
Anhydrous ammonia:
Facility Inspections - 328-9600
All Other - Ag Dept., 328-4756
Disposal - Health Dept., Waste Mgt. 328-5166
Fungicides - Ag. Dept., 328-4756
Herbicides - Ag. Dept., 328-4756
Pesticides - Ag. Dept., 328-4756
Storage
Training
Transportation - Federal Dept. Of Transportation, 250-4346
Miscellaneous
Retail License to Sell Propane in Tanks: Tax Dept., 328-2770
Transportation of Hazardous Materials: Federal Dept. Of Transportation, 250-4346
Underground Storage Tanks: Gary Berreth, Waste Mgt. 328-5166
State of North Dakota
Fire Marshal Division
MAJOR FUNCTIONS AND DUTIES
North Dakota State University
NDSU Extension Service