City of Florissant, MO Property Maintenance Code

[Ord. No. 8748, 11-22-2021]

The following numbered Sections and Subsections of the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, Inc., are hereby amended by additions, insertions, deletions and amendments so that such Sections and Subsections shall read as follows:

Section 101.1 Title (Amended). These regulations shall be known as the Property Maintenance Code of the City of Florissant, Missouri, hereinafter referred to as "this code."

Section 102.3 Application of Other Codes (Amended). Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Repairs, additions, or alterations to a structure, or changes of occupancy or use, shall be done in accordance with the procedures and provisions of the Code of Ordinances of the City of Florissant.

Section 103.1 Creation of agency (Amended). The Building Department, a Division of the Department of Public Works is hereby created and the official in charge thereof shall be known as the Code Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

Section 104.1 Fees (Amended). The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be in accordance with the fee schedule as established by the City of Florissant, Missouri. Fees for occupancy permits and inspections shall be according to Chapter 505, Article II of the City of Florissant Code of Ordinances. Fees for vacant residential structures shall be according to Chapter 505, Article V of the City of Florissant Code of Ordinances.

Section 108.1 Membership of the board. (Deleted and Replaced). The Property Maintenance Code Board of Appeals shall consist of five (5) members, all of whom shall be residents of the City and appointed by the City Council, shall not be employees of the City of Florissant, and who are qualified by experience and training to pass on matters related to the Property Maintenance Code. The term of office of the members of the Board shall be three (3) years and those presently in office shall serve the remaining time of their particular appointment. Vacancies shall be filled for the unexpired term only. The Board shall elect its own Chairman and Secretary who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.

A.	The Board shall have the jurisdiction to:
	1.	Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Official;
	2.	Authorize a variance from the strict application of any provision of this code where a property owner can show that this would result in exceptional practical difficulties and particular hardship, if such relief can be granted without substantial detriment to the public welfare and without substantially impairing the general purpose and intent of this Chapter.
B.	Any person claiming to be aggrieved by any order, requirement, decision or determination made by the Enforcement Official hereunder or seeking a variance from the provisions of this Chapter shall have the right to appeal to the Board. Such appeal shall be initiated within thirty (30) calendar days after receipt of notice of non-compliance. Upon the filing of a notice of appeal or request for variance, the Enforcement Official shall forthwith submit to the Board all papers constituting the record upon which the action appealed from or request for variance was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Enforcement Official certifies to the Board that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed. The Board shall fix a reasonable time for the hearing of the appeal or request for variance, give public notice thereof, as well as due notice to the parties in interest and decide same within a reasonable time. At such hearing, any party may appear in person or by agent or attorney.
C.	All hearings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on each question or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Clerk and shall be a public record.
D.	In exercising its authority, the Board may reverse or affirm, in whole or part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

Section 109.4 Violation penalties (Amended). Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be shall be subject to the penalties of Section 100.080 of the Code of Ordinances of the City of Florissant. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 111.1.6 Utilities (Added). Each dwelling and/or dwelling unit shall have all the basic continuous utility services as a matter of public health and safety which shall include electrical service, natural or propane gas service (or other acceptable heating ability), potable drinking water service, sanitary sewer service or a fully functional septic sewer system, and solid waste (garbage, rubbish, trash) collection service for an approved occupancy.

Section 111.4.2 Method of Service (Amended). Such notice shall be deemed to be properly served where a copy thereof is served in accordance with one (1) of the following methods:

1.	A copy is delivered personally.
2.	A copy is sent by regular mail, certified mail, first class mail, registered mail, courier service, UPS, FedEx, Amazon, or any similar service with delivery confirmation, to the most recent known address or the mailing address according to the real estate property records of St. Louis County Missouri.
3.	A copy thereof may be posted in a conspicuous place in or about the structure affected by such notice.
4.	A copy is delivered in any other manner as prescribed by local law.
	Service of such notice is the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

Section 111.7 Placarding (Amended). Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing appropriate wording as designated by the Code Official and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment or if access cannot be obtained to the equipment then at the primary entrance to the building or room in which the equipment is located.

10.

Section 112.1 Imminent Danger (Amended). When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice limiting the structure's use and occupancy bearing appropriate wording as designated by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

11.

Section 113 Demolition (Deleted).

12.

Section 202 GENERAL DEFINITIONS (Amended).

CHANGE OF OCCUPANCY (ADDED)

Any circumstances wherein the composition of the residents or tenants of a building changes either through the sale, lease, rental, or other provision for the transfer of any structure.

FAMILY (Added)

(1)

An individual living as a single non-profit, housekeeping unit in a dwelling unit; or an individual living as a single non-profit, housekeeping unit in a dwelling unit; or

(2)

Two (2) individuals or married couple and the children thereof, including adopted children, foster children and grandchildren, and no more than two (2) other persons related to the individuals or married couple by blood or marriage and no more than two (2) other individuals; or

(3)

A group of not more than four (4) persons not related by blood or marriage and not living as a group home but living together as a single housekeeping unit in a dwelling unit as distinguished from a boarding house; or

(4)

A group of nine (9) or fewer unrelated mentally or physically handicapped persons (group home), excluding supervisory persons acting as house parents or guardians, who need not be related to each other or to any of the mentally or physically handicapped individuals residing in a dwelling unit as distinguished from a boarding house.

PUBLIC NUISANCE

A public nuisance includes:

(1)

The physical condition or use of any premises regarded as a public nuisance at common law; or

(2)

Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or

(3)

Any premises which have unsanitary sewerage or plumbing facilities; or

(4)

Any premises designated as unsafe for human habitation or use; or

(5)

Any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or unsecure as to endanger life, limb or property; or

(6)

Any premises from which the plumbing, heating and/or facilities required by this code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective or the required precautions against trespassers have not been provided; or

(7)

Any premises which are unsanitary or which are littered with rubbish or garbage or which have an uncontrolled growth of weeds; or

(8)

Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded, open, vacant or abandoned; damaged by fire to the extent as to not provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.

(9)

All trees or parts thereof in a dead or dying condition or living trees which are hazardous.

13.

Section 302.4 Weeds. (Amended). Premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109 of this code and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

14.

Section 302.10 Maintenance of Trees (Added). All trees or parts thereof in a dead or dying condition or living trees which are hazardous are hereby declared to be public nuisances and no person owning, in control of, or occupying property wherein such trees are located shall possess or keep such trees.

15.

Section 303.2 Enclosures (Amended). Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches (610 mm) in depth shall be completely surrounded by a barrier compliant with 2021 International Swimming Pool and Spa Code Section 305, not less than forty-eight (48) inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than fifty-four (54) inches (1,372 mm) above the bottom of gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exceptions:

Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.

Pools, spas, and hot tubs which were properly installed under a Florissant building permit shall be required to be surrounded by a fence or guard at least forty-two (42) inches in height according to the code under which it was permitted as long as the original structure remains. In the event of permitted repair or replacement of the pool or designated guard then the pool guard must comply with the current building code.

16.

Section 304.3.1 Buildings with Rear Alleys (Added). Buildings with alleys, drives, or public ways at the rear shall have approved address numbers placed at the rear of the property so as to be visible from the rear of the building.

17.

Section 304.6 Exterior Walls (Amended). Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Repaired or replaced exterior coverings must match the existing in appearance, color, texture and profile so as not to promote visual blight and shall be constructed in a workmanlike manner. Matching exterior coverings must be approved by the Code Official by submitting samples of proposed and existing materials for examination or by field inspection.

18.

Section 304.7 Roofs and drainage (Amended). The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Repaired or replaced exterior coverings must match the existing in appearance, color, texture and profile so as not to promote visual blight and shall be constructed in a workmanlike manner. Matching exterior coverings must be approved by the Code Official by submitting samples of proposed and existing materials for examination or by field inspection.

19.

Section 304.10 Stairways, Decks, Porches, Balconies and other Walking Surfaces (Amended). Every stair, ramp, balcony, porch, deck or other walking surface, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. Every stair shall have uniform risers and treads. Every stair, porch or fire escape shall be maintained free of unsafe conditions. No required exit stairs or fire escape may be blocked by any material at any time.

20.

Section 304.14 Insect screens. (Deleted)

21.

Section 304.16 Basements Stairwells and Hatchways (Amended). Every basement stairwell, and hatchway shall be kept free of debris and standing water and maintained to prevent the entrance of rodents, rain and surface drainage water. Exterior stairwell drains shall be maintained free from obstruction and defects.

22.

Section 305.3.1 Hallways, Basement Storage, and Common Areas (Added). The interior hallways, stairwells, laundry rooms, basements and designated storage areas, and other common areas in all multi-family buildings must be kept in a clean and sanitary manner, and free of debris. Flooring must be properly maintained. Storage must be neatly stacked at least three (3) feet from any mechanical equipment. At least a three-foot clear passage to the exit or stairway doors must be provided. No flammable or noxious liquids may be stored in the basement or other common areas.

23.

Section 305.4 Stairs and Walking Surfaces (Amended). Every stair, railing, guard, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair, and in a sanitary condition free of stored items or other unsafe conditions.

24.

Section 404.4.1 Room Area (Amended). Every living room shall contain not less than one hundred twenty (120) square feet (11.2 m²) and every bedroom shall contain not less than seventy (70) square feet (6.5 m²) and every bedroom occupied by more than one (1) person shall contain not less than fifty (50) square feet (4.6 m²) of floor area for each occupant thereof with a maximum of three (3) occupants permitted for each bedroom.

25.

Section 602.3 Heating Supply (Amended). Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of sixty-eight degrees Fahrenheit (68° F.) twenty degrees Celsius (20° C.) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1.	When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2.	In areas where the average monthly temperature is above thirty degrees Fahrenheit (30° F.) minus one degree Celsius (-1° C.), a minimum temperature of sixty-five degrees Fahrenheit (65° F.) eighteen degrees Celsius (18° C.) shall be maintained.

26.

Section 602.4 Occupiable Work Spaces (Amended). Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of sixty-five degrees Fahrenheit (65° F.) eighteen degrees Celsius (18° C.) during the period the spaces are occupied.

Exceptions:

1.	Processing, storage and operation areas that require cooling or special temperature conditions.
2.	Areas in which persons are primarily engaged in vigorous physical activities.

27.

Section 605.2 Receptacles (Amended). Every habitable space in a dwelling shall contain not less than two (2) separate and remote receptacle outlets. Every laundry area shall contain not less than one (1) grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one (1) receptacle. Any new receptacle outlet shall be grounded and have ground fault circuit interrupter protection where required by the Florissant Residential Code. All receptacle outlets shall have the appropriate faceplate cover for the location.

Exception: In two-wire circuits without a grounding conductor, which are original to the home, two-prong receptacles are permitted to be installed where two-prong receptacles were originally installed in lieu of grounding-type receptacles.

28.

Section 605.4 Wiring (Amended). Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. All wiring must be maintained in a safe condition and properly secured to framing members.

29.

Section 702.5 Corridor Enclosure (Added). All corridors serving more than one (1) occupant or tenant, and openings therein, shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be self-closing.

Exceptions:

Louvers or grills for the movement of conditioned air shall be permitted in exit access corridor enclosure walls or doors, provided an approved smoke detection system is installed in the corridor. The smoke detection system shall sound an audible alarm in the building. This exception shall not apply to openings into exit stairway enclosures.

30.

Section 703.3.4 Dwelling-garage fire separation (Added). In one- and two-family dwellings attached garage separation wall must comply with International Residential Code Section 302.6.

Exception: Existing doors between garage and living are not required to be self-closing and self-latching unless a new door is installed.

31.

Section 704.6.1 Where required (Amended). Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.6.1.1 through 704.6.1.4. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3.

Exceptions:

1.	(Deleted)
2.	(Deleted)
3.	Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.

32.

Section 704.6.2 Interconnection (Amended). Where more than one (1) smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one (1) alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one (1) alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

Exceptions:

1.	Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.
2.	(Amended) Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes.

33.

Section 704.6.3 Power source (Amended). Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.

Exceptions:

1.	Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place.
2.	Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.
3.	(Amended) Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure.