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(4) continuity of operations; and <br />(5) safeguarding of the environment. <br />B. To determine the acceptability of a <br />performance -based design, the code official <br />may require the owner or agent to provide, <br />without charge to the jurisdiction, a technical <br />opinion and report. The code official may <br />require the technical opinion and report to be <br />prepared by, and bear the stamp of, a licensed <br />design professional. <br />C. Performance -based designs shall be <br />prepared by, and bear the stamp of, a licensed <br />design professional competent in the area of <br />work. The design professional shall provide <br />written confirmation to the code official <br />before a certificate of occupancy is issued that <br />the performance -based design has been <br />properly implemented, the operation or use of <br />the building is within the limitations of the <br />design, and adequate controls are in place to <br />maintain compliance with the conditions of <br />the design throughout the life of the building. <br />Subp. 15. Tests. If there is insufficient <br />evidence of compliance with the code, or <br />evidence that a material or method does not <br />conform to the requirements of the code, or in <br />order to substantiate claims for alternative <br />materials or methods, the building official <br />shall have the authority to require tests as <br />evidence of compliance to be made at no <br />expense to the municipality. Test methods <br />shall be as specified in the code or by other <br />recognized test standards. In the absence of <br />recognized and accepted test methods, the <br />building official shall approve the testing <br />procedures. Tests shall be performed by an <br />approved agency. Reports of the tests shall be <br />retained by the building official. <br />1300.0120 PERNIITS. <br />Subpart 1. Required. An owner or <br />authorized agent who intends to construct, <br />enlarge, alter, repair, move, demolish, or <br />change the occupancy of a building or <br />structure, or to erect, install, enlarge, alter, <br />repair, remove, convert, or replace any gas, <br />8 <br />mechanical, electrical, plumbing system, or <br />other equipment, the installation of which is <br />regulated by the code; or cause any such work <br />to be done, shall first make application to the <br />building official and obtain the required <br />permit. <br />Subp. 2. Annual permit. In lieu of an <br />individual permit for each alteration to an <br />already approved electrical, gas, mechanical, <br />or plumbing installation, the building official <br />may issue an annual permit upon application <br />for the permit to any person, firm, or <br />corporation regularly employing one or more <br />qualified trade persons in the building, <br />structure, or on the premises owned or <br />operated by the applicant for the permit. <br />Subp. 3. Annual permit records. The <br />person to whom an annual permit is issued <br />shall keep a detailed record of alterations <br />made under the annual permit. The building <br />official shall have access to the records at all <br />times or the records shall be filed with the <br />building official as designated. <br />Subp. 4. Work exempt from permit. <br />Exemptions from permit requirements of the <br />code do not authorize work to be done in any <br />manner in violation of the code or any other <br />laws or ordinances of this jurisdiction. <br />Permits shall not be required for the <br />following: <br />A. Building: <br />(1) one -story detached accessory <br />structures, used as tool and storage sheds, <br />playhouses, and similar uses, provided the <br />floor area does not exceed 120 square feet <br />(11.15 mm2); <br />(2) fences not over six feet (1,829 <br />mm) high; <br />(3) oil derricks; <br />(4) retaining walls that are not over <br />four feet (1,219 mm) in height measured from <br />the bottom of the footing to the top of the <br />wall, unless supporting a surcharge or <br />impounding Class I, II, or III -A liquids; <br />