CHAPTER 1
SCOPE AND ADMINISTRATION
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SECTION 101
GENERAL
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[A] 101.1 Title.
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These regulations shall be known as the International Property
Maintenance Code of The City of Bridgeton, Missouri, hereinafter referred
to as "this code."
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[A] 101.2 Scope.
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The provisions of this code shall apply to all existing residential
and non-residential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, a reasonable level of safety from fire
and other hazards, and for a reasonable level of sanitary maintenance;
the responsibility of owners, an owner's authorized agent, operators
and occupants; the occupancy of existing structures and premises,
and for administration, enforcement and penalties.
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[A] 101.3 Intent.
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This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
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[A] 101.4 Severability.
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If a Section, Subsection, sentence, clause or phrase of this
code is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this code.
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101.5 Nuisance, Injunction.
[Ord. No. 08-31, 6-4-2008] |
Any violation of this Chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this Chapter, the City
may apply to a court of competent jurisdiction for an injunction to
prohibit the continuation of any violation of this Chapter. Such application
for relief may include seeking a temporary restraining order, temporary
injunction or permanent injunction.
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101.6 Governing Law in Case of Conflict.
[Ord. No. 08-31, 6-4-2008] |
101.7 Separability.
[Ord. No. 08-31, 6-4-2008] |
The provisions and Sections of this Chapter shall be deemed
to be separable and the invalidity of any portion of this Chapter
shall not affect the validity of the remainder.
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SECTION 102
APPLICABILITY
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[A] 102.1 General.
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Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall govern. Where
differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply. Where, in a specific
case, different Sections of this code specify different requirements,
the most restrictive shall govern.
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[A] 102.2 Maintenance.
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Equipment, systems, devices and safeguards required by this
code or a previous regulation or code under which the structure or
premises was constructed, altered or repaired shall be maintained
in good working order. No owner, owner's authorized agent, operator
or occupant shall cause any service, facility, equipment or utility
that is required under this Section to be removed from, shut off from
or discontinued for any occupied dwelling, except for such temporary
interruption as necessary while repairs or alterations are in progress.
The requirements of this code are not intended to provide the basis
for removal or abrogation of fire protection and safety systems and
devices in existing structures. Except as otherwise specified herein,
the owner or the owner's authorized agent shall be responsible
for the maintenance of buildings, structures and premises.
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[A] 102.3 Application of other codes.
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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. Nothing in this code shall be construed to cancel, modify or set
aside any provision of the International Zoning Code.
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[A] 102.4 Existing remedies.
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The provisions in this code shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or
agencies relating to the removal or demolition of any structure that
is dangerous, unsafe and insanitary.
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[A] 102.5 Workmanship.
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Repairs, maintenance work, alterations or installations that
are caused directly or indirectly by the enforcement of this code
shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's instructions.
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[A] 102.6 Historic buildings.
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The provisions of this code shall not be mandatory for existing
buildings or structures designated as historic buildings where such
buildings or structures are judged by the Code Official to be safe
and in the public interest of health, safety and welfare.
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[A] 102.7 Referenced codes and standards.
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The codes and standards referenced in this code shall be those
that are listed in Chapter 8 and considered part of the requirements
of this code to the prescribed extent of each such reference and as
further regulated in Sections 102.7.1 and 102.7.2.
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Exception: Where enforcement of a code
provision would violate the conditions of the listing of the equipment
or appliance, the conditions of the listing shall apply.
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[A] 102.7.1 Conflicts.
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Where conflicts occur between provisions of this
code and the referenced standards, the provisions of this code shall
apply.
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[A] 102.7.2 Provisions in referenced codes
and standards.
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Where the extent of the reference to a referenced
code or standard includes subject matter that is within the scope
of this code, the provisions of this code, as applicable, shall take
precedence over the provisions in the referenced code or standard.
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[A] 102.8 Requirements not covered by code.
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Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered
by this code, shall be determined by the Code Official.
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[A] 102.9 Application of references.
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References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to
such chapter, section or provision of this code.
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[A] 102.10 Other laws.
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The provisions of this code shall not be deemed to nullify any
provisions of local, state or Federal law.
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SECTION 103
DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
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[A] 103.1 General.
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The Department of Property Maintenance Inspection is hereby
created and the executive official in charge thereof shall be known
as the Code Official.
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[A] 103.2 Appointment.
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The Code Official shall be appointed by the chief appointing
authority of the jurisdiction.
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[A] 103.3 Deputies.
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In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the appointing authority, the Code Official
shall have the authority to appoint a deputy(s). Such employees shall
have powers as delegated by the Code Official.
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[A] 103.4 Liability.
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The Code Official, member of the Board of Appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction,
in good faith and without malice in the discharge of the duties required
by this code or other pertinent law or ordinance, shall not thereby
be rendered civilly or criminally liable personally, and is hereby
relieved from all personal liability for any damage accruing to persons
or property as a result of an act or by reason of an act or omission
in the discharge of official duties.
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[A] 103.4.1 Legal defense.
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Any suit or criminal complaint instituted against
any officer or employee because of an act performed by that officer
or employee in the lawful discharge of duties and under the provisions
of this code shall be defended by the legal representative of the
jurisdiction until the final termination of the proceedings. The Code
Official or any subordinate shall not be liable for costs in an action,
suit or proceeding that is instituted in pursuance of the provisions
of this code.
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[A] 103.5 Fees.
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The fees for activities and services performed by the department
in carrying out its responsibilities under this code shall be as indicated
in the following schedule.
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See Section 302.10 and 302.11 and Title V Building and Construction, Chapter 500: Building Code, Section 108 Fees
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SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
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[A] 104.1 General.
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The Code Official is hereby authorized and directed to enforce
the provisions of this code. The Code Official shall have the authority
to render interpretations of this code and to adopt policies and procedures
in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and
purpose of this code. Such policies and procedures shall not have
the effect of waiving requirements specifically provided for in this
code.
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[A] 104.2 Inspections.
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The Code Official shall make all of the required inspections,
or shall accept reports of inspection by approved agencies or individuals.
Reports of such inspections shall be in writing and be certified by
a responsible officer of such approved agency or by the responsible
individual. The Code Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the appointing authority.
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[A] 104.3 Right of entry.
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Where it is necessary to make an inspection to enforce the provisions
of this code, or whenever the Code Official has reasonable cause to
believe that there exists in a structure or upon a premises a condition
in violation of this code, the Code Official is authorized to enter
the structure or premises at reasonable times to inspect or perform
the duties imposed by this code, provided that if such structure or
premises is occupied the Code Official shall present credentials to
the occupant and request entry. If such structure or premises is unoccupied,
the Code Official shall first make a reasonable effort to locate the
owner, owner's authorized agent or other person having charge
or control of the structure or premises and request entry. If entry
is refused, the Code Official shall have recourse to the remedies
provided by law to secure entry.
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[A] 104.4 Identification.
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The Code Official shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.
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[A] 104.5 Notices and orders.
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The Code Official shall issue all necessary notices or orders
to ensure compliance with this code.
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[A] 104.6 Department records.
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The Code Official shall keep official records of all business
and activities of the department specified in the provisions of this
code. Such records shall be retained in the official records for the
period required for retention of public records.
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SECTION 105
APPROVAL
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[A] 105.1 Modifications.
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Whenever there are practical difficulties involved in carrying
out the provisions of this code, the Code Official shall have the
authority to grant modifications for individual cases upon application
of the owner or owner's authorized agent, provided the Code Official
shall first find that special individual reason makes the strict letter
of this code impractical, the modification is in compliance with the
intent and purpose of this code and that such modification does not
lessen health, life and fire safety requirements. The details of action
granting modifications shall be recorded and entered in the department
files.
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[A] 105.2 Alternative materials, methods and equipment.
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The provisions of this code are not intended to prevent the
installation of any material or to prohibit any method of construction
not specifically prescribed by this code, provided that any such alternative
has been approved. An alternative material or method of construction
shall be approved where the Code Official finds that the proposed
design is satisfactory and complies with the intent of the provisions
of this code, and that the material, method or work offered is, for
the purpose intended, at least the equivalent of that prescribed in
this code in quality, strength, effectiveness, fire resistance, durability
and safety. Where the alternative material, design or method of construction
is not approved, the Code Official shall respond in writing, stating
the reasons the alternative was not approved.
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[A] 105.3 Required testing.
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Whenever there is insufficient evidence of compliance with the
provisions of this code or evidence that a material or method does
not conform to the requirements of this code, or in order to substantiate
claims for alternative materials or methods, the Code Official shall
have the authority to require tests to be made as evidence of compliance
at no expense to the jurisdiction.
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[A] 105.3.1 Test methods.
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Test methods shall be as specified in this code
or by other recognized test standards. In the absence of recognized
and accepted test methods, the Code Official shall be permitted to
approve appropriate testing procedures performed by an approved agency.
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[A] 105.3.2 Test reports.
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Reports of tests shall be retained by the Code Official
for the period required for retention of public records.
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[A] 105.4 Used material and equipment.
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The use of used materials that meet the requirements of this
code for new materials is permitted. Materials, equipment and devices
shall not be reused unless such elements are in good repair or have
been reconditioned and tested where necessary, placed in good and
proper working condition and approved by the Code Official.
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[A] 105.5 Approved materials and equipment.
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Materials, equipment and devices approved by the Code Official
shall be constructed and installed in accordance with such approval.
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[A] 105.6 Research reports.
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Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code,
shall consist of valid research reports from approved sources.
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SECTION 106
VIOLATIONS
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[A] 106.1 Unlawful acts.
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It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this
code.
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[A] 106.2 Notice of violation.
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The Code Official shall serve a notice of violation or order
in accordance with Section 107.
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[A] 106.3 Prosecution of violation.
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Any person failing to comply with a notice of violation or order
served in accordance with Section 107 shall be deemed guilty of a
misdemeanor or civil infraction as determined by the local municipality,
and the violation shall be deemed a strict liability offense. If the
notice of violation is not complied with, the Code Official shall
institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
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[A] 106.4 Violation penalties.
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Any person who shall violate a provision of this code, or fail
to comply therewith, or with any of the requirements thereof, shall
be prosecuted within the limits provided by State or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
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[A] 106.5 Abatement of violation.
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The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate
action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or
premises.
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SECTION 107
NOTICES AND ORDERS
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[A] 107.1 Notice to person responsible.
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Whenever the Code Official determines that there has been a
violation of this code or has grounds to believe that a violation
has occurred, notice shall be given in the manner prescribed in Sections
107.2 and 107.3 to the person responsible for the violation as specified
in this code. Notices for condemnation procedures shall also comply
with Section 108.3.
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[A] 107.2 Form.
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Such notice prescribed in Section 107.1 shall be in accordance
with all of the following:
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1.
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Be in writing.
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2.
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Include a description of the real estate sufficient for identification.
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3.
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Include a statement of the violation or violations and why the
notice is being issued.
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4.
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Include a correction order allowing a reasonable time to make
the repairs and improvements required to bring the dwelling unit or
structure into compliance with the provisions of this code.
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5.
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Inform the property owner or owner's authorized agent of
the right to appeal.
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6.
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Include a statement of the right to file a lien in accordance
with Section 106.3.
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[A] 107.3 Method of service.
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Such notice shall be deemed to be properly served if a copy
thereof is:
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1.
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Delivered personally;
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2.
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Sent by certified or first-class mail addressed to the last
known address; or
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3.
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If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
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[A] 107.4 Unauthorized tampering.
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Signs, tags or seals posted or affixed by the Code Official
shall not be mutilated, destroyed or tampered with, or removed without
authorization from the Code Official.
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[A] 107.5 Penalties.
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Penalties for non-compliance with orders and notices shall be
as set forth in Section 106.4.
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[A] 107.6 Transfer of ownership.
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It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner or the owner's authorized agent shall
first furnish the grantee, transferee, mortgagee or lessee a true
copy of any compliance order or notice of violation issued by the
Code Official and shall furnish to the Code Official a signed and
notarized statement from the grantee, transferee, mortgagee or lessee,
acknowledging the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for making
the corrections or repairs required by such compliance order or notice
of violation.
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SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
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[A] 108.1 General.
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When a structure, equipment, or premises is found by the Code
Official to be unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of this code.
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[A] 108.1.1 Unsafe structures or premises.
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An unsafe structure or premises is one (1) that
is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or
unstable foundation, that partial or complete collapse is possible.
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Unsafe premises are premises found by the Code Official
to present hazards to owners, occupants, visitors or the public because
of such conditions as contamination, outdoor storage or use of explosives,
hazardous materials or chemical, unstable ground, subsidence or sinkholes,
or falling, fallen or failing trees.
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[A] 108.1.2 Unsafe equipment.
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Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
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[A] 108.1.3 Structure unfit for human occupancy.
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A structure is unfit for human occupancy whenever
the Code Official finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks
maintenance, is insanitary, vermin or rat infested, contains filth
and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this code,
or because the location of the structure constitutes a hazard to the
occupants of the structure or to the public.
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[A] 108.1.4 Unlawful structure.
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An unlawful structure is one (1) found in whole
or in part to be occupied by more persons than permitted under this
code, or was erected, altered or occupied contrary to law.
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[A] 108.1.5 Dangerous structure or premises.
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For the purpose of this code, any structure or premises
that have any or all of the conditions or defects described below
shall be considered dangerous:
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1.
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Any door, aisle, passageway, stairway, exit or other means of
egress that does not conform to the approved Building or Fire Code
of the jurisdiction as related to the requirements for existing buildings.
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2.
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The walking surface of any aisle, passageway, stairway, exit
or other means of egress is so warped, worn loose, torn or otherwise
unsafe as to not provide safe and adequate means of egress.
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3.
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Any portion of a building, structure or appurtenance that has
been damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
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4.
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Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting natural or artificial loads of one and one-half (1 1/2)
the original designed value.
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5.
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The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
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6.
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The building or structure, or any portion thereof, is clearly
unsafe for its use and occupancy.
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7.
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The building or structure is neglected, damaged, dilapidated,
unsecured or abandoned so as to become an attractive nuisance to children
who might play in the building or structure to their danger, becomes
a harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
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8.
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Any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the approved
building or Fire Code of the jurisdiction, or of any law or ordinance
to such an extent as to present either a substantial risk of fire,
building collapse or any other threat to life and safety.
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9.
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A building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the
Code Official to be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or disease.
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10.
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Any building or structure, because of a lack of sufficient or
proper fire-resistance-rated construction, fire protection systems,
electrical system, fuel connections, mechanical system, plumbing system
or other cause, is determined by the Code Official to be a threat
to life or health.
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11.
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Any portion of a building remains on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
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[A] 108.2 Closing of vacant structures.
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If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Code Official
is authorized to post a placard of condemnation on the premises and
order the structure closed up so as not to be an attractive nuisance.
Upon failure of the owner or owner's authorized agent to close
up the premises within the time specified in the order, the Code Official
shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons and
the cost thereof shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate
and shall be collected by any other legal resource.
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[A] 108.2.1 Authority to disconnect service
utilities.
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The Code Official shall have the authority to authorize
disconnection of utility service to the building, structure or system
regulated by this code and the referenced codes and standards set
forth in Section 102.7 in case of emergency where necessary to eliminate
an immediate hazard to life or property or where such utility connection
has been made without approval. The Code Official shall notify the
serving utility and, whenever possible, the owner or owner's
authorized agent and occupant of the building, structure or service
system of the decision to disconnect prior to taking such action.
If not notified prior to disconnection the owner, owner's authorized
agent or occupant of the building structure or service system shall
be notified in writing as soon as practical thereafter.
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[A] 108.3 Notice.
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Whenever the Code Official has condemned a structure or equipment
under the provisions of this Section, notice shall be posted in a
conspicuous place in or about the structure affected by such notice
and served on the owner, owner's authorized agent or the person
or persons responsible for the structure or equipment in accordance
with Section 107.3. If the notice pertains to equipment, it shall
be placed on the condemned equipment. The notice shall be in the form
prescribed in Section 107.2.
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[A] 108.4 Placarding.
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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 the word "Condemned" and a statement of
the penalties provided for occupying the premises, operating the equipment
or removing the placard.
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[A] 108.4.1 Placard removal.
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The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided by
this code.
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[A] 108.5 Prohibited occupancy.
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Any occupied structure condemned and placarded by the Code Official
shall be vacated as ordered by the Code Official. Any person who shall
occupy a placarded premises or shall operate placarded equipment,
and any owner, owner's authorized agent or person responsible
for the premises who shall let anyone occupy a placarded premises
or operate placarded equipment shall be liable for the penalties provided
by this code.
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[A] 108.6 Abatement methods.
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The owner, owner's authorized agent, operator or occupant
of a building, premises or equipment deemed unsafe by the Code Official
shall abate or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other approved corrective
action.
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[A] 108.7 Record.
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The Code Official shall cause a report to be filed on an unsafe
condition. The report shall state the occupancy of the structure and
the nature of the unsafe condition.
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SECTION 109
EMERGENCY MEASURES
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[A] 109.1 Imminent danger.
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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 reading as follows: "This Structure Is
Unsafe and Its Occupancy Has Been Prohibited 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.
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[A] 109.2 Temporary safeguards.
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Notwithstanding other provisions of this code, whenever, in
the opinion of the Code Official, there is imminent danger due to
an unsafe condition, the Code Official shall order the necessary work
to be done, including the boarding up of openings, to render such
structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to
be taken as the Code Official deems necessary to meet such emergency.
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[A] 109.3 Closing streets.
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When necessary for public safety, the Code Official shall temporarily
close structures and close, or order the authority having jurisdiction
to close, sidewalks, streets, public ways and places adjacent to unsafe
structures, and prohibit the same from being utilized.
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[A] 109.4 Emergency repairs.
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For the purposes of this Section, the Code Official shall employ
the necessary labor and materials to perform the required work as
expeditiously as possible.
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[A] 109.5 Costs of emergency repairs.
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Costs incurred in the performance of emergency work shall be
paid by the jurisdiction. The legal counsel of the jurisdiction shall
institute appropriate action against the owner of the premises or
owner's authorized agent where the unsafe structure is or was
located for the recovery of such costs.
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[A] 109.6 Hearing.
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Any person ordered to take emergency measures shall comply with
such order forthwith. Any affected person shall thereafter, upon petition
directed to the Appeals Board, be afforded a hearing as described
in this code.
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SECTION 110
DEMOLITION
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[A] 110.1 General.
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The Code Official shall order the owner or owner's authorized
agent of any premises upon which is located any structure, which in
the Code Official's or owner's authorized agent judgment
after review is so deteriorated or dilapidated or has become so out
of repair as to be dangerous, unsafe, insanitary or otherwise unfit
for human habitation or occupancy, and such that it is unreasonable
to repair the structure, to demolish and remove such structure; or
if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary, or to board up and hold for future repair
or to demolish and remove at the owner's option; or where there
has been a cessation of normal construction of any structure for a
period of more than two (2) years, the Code Official shall order the
owner or owner's authorized agent to demolish and remove such
structure, or board up until future repair. Boarding the building
up for future repair shall not extend beyond one (1) year, unless
approved by the Building Official.
|
[A] 110.2 Notices and orders.
|
Notices and orders shall comply with Section 107.
|
[A] 110.3 Failure to comply.
|
If the owner of a premises or owner's authorized agent
fails to comply with a demolition order within the time prescribed,
the Code Official shall cause the structure to be demolished and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such demolition and removal
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
|
[A] 110.4 Salvage materials.
|
When any structure has been ordered demolished and removed,
the governing body or other designated officer under said contract
or arrangement aforesaid shall have the right to sell the salvage
and valuable materials. The net proceeds of such sale, after deducting
the expenses of such demolition and removal, shall be promptly remitted
with a report of such sale or transaction, including the items of
expense and the amounts deducted, for the person who is entitled thereto,
subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state.
|
SECTION 111
MEANS OF APPEAL
|
[A] 111.1 Application for appeal.
|
Any person directly affected by a decision of the Code Official
or a notice or order issued under this code shall have the right to
appeal to the Board of Appeals, provided that a written application
for appeal is filed within twenty (20) days after the day the decision,
notice or order was served. 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 the requirements of this code
are adequately satisfied by other means.
|
[A] 111.2 Membership of board.
|
The Board of Appeals shall consist of not less than three (3)
members who are qualified by experience and training to pass on matters
pertaining to property maintenance and who are not employees of the
jurisdiction. The Code Official shall be an ex-officio member but
shall have no vote on any matter before the board. The board shall
be appointed by the chief appointing authority, and shall serve staggered
and overlapping terms.
|
[A] 111.2.1 Alternate members.
|
The chief appointing authority shall appoint not
less than two (2) alternate members who shall be called by the board
chairman to hear appeals during the absence or disqualification of
a member. Alternate members shall possess the qualifications required
for board membership.
|
[A] 111.2.2 Chairman.
|
The board shall annually select one (1) of its members
to serve as chairman.
|
[A] 111.2.3 Disqualification of member.
|
A member shall not hear an appeal in which that
member has a personal, professional or financial interest.
|
[A] 111.2.4 Secretary.
|
The Chief Administrative Officer shall designate
a qualified person to serve as secretary to the board. The secretary
shall file a detailed record of all proceedings in the office of the
Chief Administrative Officer.
|
[A] 111.2.5 Compensation of members.
|
Compensation of members shall be determined by law.
|
[A] 111.3 Notice of meeting.
|
The board shall meet upon notice from the chairman, within twenty
(20) days of the filing of an appeal, or at stated periodic meetings.
|
[A] 111.4 Open hearing.
|
Hearings before the board shall be open to the public. The appellant,
the appellant's representative, the Code Official and any person
whose interests are affected shall be given an opportunity to be heard.
A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
|
[A] 111.4.1 Procedure.
|
The board shall adopt and make available to the
public through the secretary procedures under which a hearing will
be conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
|
[A] 111.5 Postponed hearing.
|
When the full board is not present to hear an appeal, either
the appellant or the appellant's representative shall have the
right to request a postponement of the hearing.
|
[A] 111.6 Board decision.
|
The board shall modify or reverse the decision of the Code Official
only by a concurring vote of a majority of the total number of appointed
board members.
|
[A] 111.6.1 Records and copies.
|
The decision of the board shall be recorded. Copies
shall be furnished to the appellant and to the Code Official.
|
[A] 111.6.2 Administration.
|
The Code Official shall take immediate action in
accordance with the decision of the board.
|
[A] 111.7 Court review.
|
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in
the manner and time required by law following the filing of the decision
in the office of the Chief Administrative Officer.
|
[A] 111.8 Stays of enforcement.
|
Appeals of notice and orders (other than Imminent Danger notices)
shall stay the enforcement of the notice and order until the appeal
is heard by the Appeals Board.
|
SECTION 112
STOP WORK ORDER
|
[A] 112.1 Authority.
|
Whenever the Code Official finds any work regulated by this
code being performed in a manner contrary to the provisions of this
code or in a dangerous or unsafe manner, the Code Official is authorized
to issue a stop work order.
|
[A] 112.2 Issuance.
|
A stop work order shall be in writing and shall be given to
the owner of the property, to the owner's authorized agent, or
to the person doing the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work order shall
state the reason for the order and the conditions under which the
cited work is authorized to resume.
|
[A] 112.3 Emergencies.
|
Where an emergency exists, the Code Official shall not be required
to give a written notice prior to stopping the work.
|
[A] 112.4 Failure to comply.
|
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be liable
to a fine of not less than one hundred dollars ($100.00) or more than
one thousand dollars ($1,000.00).
|
CHAPTER 2
DEFINITIONS
|
SECTION 201
GENERAL
|
201.1 Scope.
|
Unless otherwise expressly stated, the following terms shall,
for the purposes of this code, have the meanings shown in this Chapter.
|
201.2 Interchangeability.
|
Words stated in the present tense include the future; words
stated in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural, the singular.
|
201.3 Terms defined in other codes.
|
Where terms are not defined in this code and are defined in
the International Building Code, International Existing Building Code,
International Fire Code, International Fuel Gas Code, International
Mechanical Code, International Plumbing Code, International Residential
Code, International Zoning Code or NFPA 70, such terms shall have
the meanings ascribed to them as stated in those codes.
|
201.4 Terms not defined.
|
Where terms are not defined through the methods authorized by
this Section, such terms shall have ordinarily accepted meanings such
as the context implies.
|
201.5 Parts.
|
Whenever the words 'dwelling unit, 'dwelling,' 'premises,' 'building,' 'manufactured
home,' 'mobile home,' 'modular home,' 'recreational
vehicle,' 'rooming house,' 'rooming unit,' 'story'
or 'structure' are stated in this code, they shall be construed
as though they were followed by the words 'or any part thereof.'
|
SECTION 202
GENERAL DEFINITIONS
| |
ACCESSORY STRUCTURE. A detached structure subordinate
to the main or principal structure and located on the same lot, the
use of which is customary to the main building; or fences, swimming
pools and including detached garages, shed(s), swimming pools, carports,
playground equipment, tree house, fences antennas, satellite dishes,
tents, retaining walls.
| |
APARTMENT. A multiple-family dwelling or development
containing three (3) or more rental units under one (1) ownership.
| |
ANCHORED. Secured in a manner that provides positive
connection.
| |
[A] APPROVED. Acceptable to the Code Official.
| |
BASEMENT. That portion of a building which is partly
or completely below grade.
| |
BATHROOM. A room containing plumbing fixtures including
a bathtub or shower.
| |
BEDROOM. Any room or space used or intended to
be used for sleeping purposes in either a dwelling or sleeping unit.
| |
CITY CODE. The Municipal Code of Ordinances of
the City of Bridgeton, Missouri.
| |
[A] CODE OFFICIAL. The official who is charged
with the administration and enforcement of this code, or any duly
authorized representative.
| |
CONDOMINIUM. Condominium shall have the meaning
ascribed to "condominium" under the Missouri Uniform Condominium Act,
which is: real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
| |
CONDEMN. To adjudge unfit for occupancy.
| |
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The
costs shall include the actual costs of the demolition or repair of
the structure less revenues obtained if salvage was conducted prior
to demolition or repair. Costs, shall include, but not be limited
to, expenses incurred or necessitated related to demolition or emergency
repairs, such as asbestos survey and abatement if necessary; costs
of inspectors, testing agencies or experts retained relative to the
demolition or emergency repairs; costs of testing; surveys for other
materials that are controlled or regulated from being dumped in a
landfill; title searches; mailing(s); postings; recording; and attorney
fees expended for recovering of the cost of emergency repairs or to
obtain or enforce an order of demolition made by a Code Official,
the governing body or Board of Appeals.
| |
DETACHED. When a structural element is physically
disconnected from another and that connection is necessary to provide
a positive connection.
| |
DETERIORATION. To weaken, disintegrate, corrode,
rust or decay and lose effectiveness.
| |
[BG] DWELLING UNIT. A single unit providing complete,
independent living facilities for one (1) or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
This term, is intended to include, but not be limited to, mobile,
manufactured, and modular homes.
| |
[Z] EASEMENT. That portion of land or property
reserved for present or future use by a person or agency other than
the legal fee owner(s) of the property. The easement shall be permitted
to be for use under, on or above a said lot or lots.
| |
ELECTRICAL CODE. The 2015 National Electrical Code as adopted in Chapter 525 of the City Code.
| |
EQUIPMENT SUPPORT. Those structural members or
assemblies of members or manufactured elements, including braces,
frames, lugs, snuggers, hangers or saddles, that transmit gravity
load, lateral load and operating load between the equipment and the
structure.
| |
EXTERIOR PROPERTY. The open space on the premises
and on adjoining property under the control of owners or operators
of such premises.
| |
FAMILY. An individual or two (2) or more persons
related by blood or marriage or adoption or a group of not more than
three (3) persons who need not be related by blood or marriage or
adoption living together and subsisting in common as a single non-profit
housekeeping unit utilizing only one (1) kitchen.
| |
GARBAGE. The animal or vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
| |
GROSS SPACE. Total space in the principal building
less non-habitable attic, basement and garage areas computed from
exterior dimensions. If additional habitable space has been added
for living, eating or sleeping purposes, the owner shall provide documentation
or allow the City access to the property to verify that such additional
space is in compliance with the Building Code.
| |
[BE] GUARD. A building component or a system of
building components located at or near the open sides of elevated
walking surfaces that minimizes the possibility of a fall from the
walking surface to a lower level.
| |
[BG] HABITABLE SPACE. Space in a structure for
living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets,
halls, storage or utility spaces, and similar areas are not considered
habitable spaces.
| |
HISTORIC BUILDING. Any building or structure that
is one (1) or more of the following:
| |
1.
|
Listed or certified as eligible for listing, by the State Historic
Preservation Officer or the Keeper of the National Register of Historic
Places, in the National Register of Historic Places.
|
2.
|
Designated as historic under an applicable State or local law.
|
3.
|
Certified as a contributing resource within a National Register
or State or locally designated historic district.
|
HOUSEKEEPING UNIT. A room or group of rooms forming
a single habitable space equipped and intended to be used for living,
sleeping, cooking and eating which does not contain, within such a
unit, a toilet, lavatory and bathtub or shower.
| |
IMMINENT DANGER. A condition which could cause
serious or life-threatening injury or death at any time.
| |
INFESTATION. The presence, within or contiguous
to, a structure or premises of insects, rats, vermin or other pests.
| |
INOPERABLE MOTOR VEHICLE. A vehicle which cannot
be driven upon the public streets for reasons including but not limited
to being unlicensed, wrecked, abandoned, in a state of disrepair,
or incapable of being moved under its own power.
| |
INSPECTOR. A member of the City staff or a person
contracted by the City who performs the function of inspections of
dwellings for compliance with the provisions of this Chapter. The
inspector(s) of the City includes code enforcement, fire, police or
any other person conducting such inspections as authorized by the
Director of Public Works.
| |
[A] LABELED. Equipment, materials or products to
which have been affixed a label, seal, symbol or other identifying
mark of a nationally recognized testing laboratory, inspection agency
or other organization concerned with product evaluation that maintains
periodic inspection of the production of the above-labeled items and
whose labeling indicates either that the equipment, material or product
meets identified standards or has been tested and found suitable for
a specified purpose.
| |
LANDLORD. A person or organization that owns real
property and rents or leases it to another, called a "tenant."
| |
LET FOR OCCUPANCY or LET. To permit, provide or
offer possession or occupancy of a dwelling, dwelling unit, rooming
unit, building, premise or structure by a person who is or is not
the legal owner of record thereof, pursuant to a written or unwritten
lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
| |
MAINTENANCE Acts of repair and other acts to prevent
a decline in the condition of grounds, structures and equipment; such
that the condition does not fall below the standards established by
this Chapter and other applicable Statutes, codes and ordinances.
| |
NEGLECT. The lack of proper maintenance for a building
or structure.
| |
[A] OCCUPANCY. The purpose for which a building
or portion thereof is utilized or occupied.
| |
OCCUPANT. Any individual living or sleeping in
a building, or having possession of a space within a building.
| |
OPENABLE AREA. That part of a window, skylight
or door which is available for unobstructed ventilation and which
opens directly to the outdoors.
| |
OPERATOR. Any person who has charge, care or control
of a structure or premises which is let or offered for occupancy.
| |
[A] OWNER. Any person, agent, operator, firm or
corporation having legal or equitable interest in the property; or
recorded in the official records of the State, County or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
| |
PERSON. An individual, corporation, partnership
or any other group acting as a unit.
| |
PEST ELIMINATION. The control and elimination of
insects, rodents or other pests by eliminating their harborage places;
by removing or making inaccessible materials that serve as their food
or water; by other approved pest elimination methods.
| |
PLUMBING. All the following supplied facilities
and equipment in a dwelling: gas pipes, gas-burning equipment, water
pipes, steam pipes, garbage disposal units, waste pipes, water closet,
sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, stacks,
vents and any other similar fixtures and the installation thereof,
together with all connections to water, sewer and gas lines.
| |
[A] PREMISES. A lot, plot or parcel of land, easement
or public way, including any structures thereon.
| |
[A] PUBLIC WAY. Any street, alley or similar parcel
of land essentially unobstructed from the ground to the sky, which
is deeded, dedicated or otherwise permanently appropriated to the
public for public use.
| |
PUBLIC NUISANCE. Includes, but is not limited to,
the following:
| |
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, pools, trampolines, abandoned wells, shafts, basements,
excavations and unsafe fences or structures; or
|
3.
|
Any premises which has unsanitary sewerage or plumbing facilities
visible from the exterior; or
|
4.
|
Any premises designated as unsafe for human habitation or use;
or
|
5.
|
Any premises which is manifestly capable of being a fire hazard
or are manifestly unsafe or insecure as to endanger life, limb or
property.
|
REFUSE. All putrescible and non-putrescible waste
solids including garbage and rubbish.
| |
RENT, RENTED, RENTS, RENTING. Includes to lease,
to sublease, to license, to let and to grant for consideration the
right to occupy premises not owned by occupant.
| |
RENTAL OCCUPANCY PERMIT. The permit issued pursuant
to this Chapter allowing a rental unit to be rented for human habitation.
| |
RENTAL UNIT. A dwelling or dwelling unit let or
intended to be let for rent or lease.
| |
REPAIR. To put into a sound and acceptable state
of operation, serviceability or appearance.
| |
RESIDENTIAL BUILDING. A residential structure designed
for occupancy by one (1) or more families.
| |
RODENT HARBORAGE. Any place where rodents can live,
nest or seek shelter.
| |
ROOMING HOUSE. A building arranged or occupied
for lodging, with or without meals, for compensation and not occupied
as a one- or two-family dwelling.
| |
ROOMING UNIT. Any room or group of rooms forming
a single habitable unit occupied or intended to be occupied for sleeping
or living, but not for cooking purposes.
| |
RUBBISH. Combustible and non-combustible waste
materials, except garbage; the term shall include the residue from
the burning of wood, coal, coke and other combustible materials, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass, crockery,
vehicle and boat parts and dust and other similar materials. This
term shall also include indoor furnishings and fixtures such as indoor
furniture, appliances, lighting fixtures, mattresses, refrigerators,
washers, dryers, and water softeners, when left on exterior premises.
| |
SAFETY. The condition of being reasonably free
from danger and hazards that may cause accidents or disease.
| |
[BG] SLEEPING UNIT. A room or space in which people
sleep, which can also include permanent provisions for living, eating
and either sanitation or kitchen facilities, but not both. Such rooms
and spaces that are also part of a dwelling unit are not sleeping
units.
| |
STRICT LIABILITY OFFENSE. An offense in which the
prosecution in a legal proceeding is not required to prove criminal
intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited, or failed to do an act which
the defendant was legally required to do.
| |
STRUCTURE. That which is built or constructed,
including, without limitation because of enumeration, buildings for
any occupancy or use whatsoever, fences, signs, billboards, fire escapes,
chute escapes, railings, water tanks, towers, open grade steps, sidewalks
or stairways, tents or anything erected and framed of component parts
which is fastened, anchored or rests on a permanent foundation or
on the ground. That which is built or constructed or a portion thereof.
| |
SUBSTANDARD DWELLING. Any dwelling that does not
conform to the minimum standards established by the City Code.
| |
SUPPLIED. Paid for, furnished by, provided by or
under the control of the owner, operator or agent of a dwelling.
| |
TENANT. A person, corporation, partnership or group,
whether or not the legal owner of record, occupying a building or
portion thereof as a unit.
| |
TOILET ROOM. A room containing a water closet or
urinal but not a bathtub or shower.
| |
ULTIMATE DEFORMATION. The deformation at which
failure occurs and which shall be deemed to occur if the sustainable
load reduces to eighty percent (80%) or less of the maximum strength.
| |
[M] VENTILATION. The natural or mechanical process
of supplying conditioned or unconditioned air to, or removing such
air from, any space.
| |
WORKMANLIKE. Executed in a skilled manner; e.g.,
generally plumb, level, square, in line, undamaged and without marring
adjacent work.
| |
YARD. An open space on the same lot with a principal
building or group of buildings, which is unoccupied and unobstructed
from its lowest level upward, except as otherwise permitted in the
City Code and which extends along a lot line and at right angles thereto
to a depth or width specified in the yard regulation for the district
in which the lot is located.
| |
YARD, FRONT. A yard extending across the full width
of the lot and lying between the front line of the lot and the nearest
line of the building.
| |
YARD, REAR. A yard extending across the full width
of the lot and lying between the rear line of the lot and the nearest
line of the principal building.
| |
YARD, SIDE. That part of the yard lying between
the nearest line of the principal building and a side lot line and
extending from the front yard to the rear yard.
| |
ZONING ORDINANCE. The Zoning Ordinance of the City
of Bridgeton, Missouri.
|
CHAPTER 3
GENERAL REQUIREMENTS
|
SECTION 301
GENERAL
|
301.1 Scope.
|
The provisions of this Chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
|
301.2 Responsibility.
|
The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as
otherwise provided for in this code. A person shall not occupy as
owner-occupant or permit another person to occupy premises that are
not in a sanitary and safe condition and that do not comply with the
requirements of this Chapter. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
|
301.3 Vacant structures and land.
|
Vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health or safety.
|
SECTION 302
EXTERIOR PROPERTY AREAS
| |
302.1 Sanitation.
| |
Exterior property and premises shall be maintained in a clean,
safe and sanitary condition. The occupant shall keep that part of
the exterior property that such occupant occupies or controls in a
clean and sanitary condition.
| |
Exterior furniture. All exterior furniture shall be constructed
using suitable weather resistant material and labeled/marked by the
original manufacture as suitable for outside usage. The usage of interior
furniture outside the structure is prohibited; interior furniture
cannot be stored outside the structure overnight.
| |
Outdoor storage: Outdoor storage on any lot or tract that is
residentially zoned or platted or that is used for residential purposes
shall be restricted to material for personal use on the same lot or
tract, including, but not limited to: composting of residential yard
waste, mulch, building materials, or landscaping materials, that are
used for on-premises improvement projects related to such uses. But
storage of such other items may be allowed only for a limited time,
not to exceed one hundred eighty (180) days, to complete such projects.
| |
302.2 Grading and drainage.
| |
Premises shall be graded and maintained to prevent the erosion
of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon. Stagnant water is any water
standing for three (3) days in the absence of any precipitation.
| |
Exception: Approved retention areas
and reservoirs.
| |
302.3 Sidewalks and driveways.
| |
Sidewalks, walkways, stairs, driveways, parking spaces and similar
areas shall be kept in a proper state of repair, and maintained free
from hazardous conditions. All pavement shall be maintained to prevent
the accumulation of stagnant water thereon. Stagnant water is any
water standing for three (3) days in the absence of any precipitation.
| |
302.4 Weeds.
| |
Premises and exterior property shall be maintained free from
weeds or plant growth in excess of ten (10) 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.
| |
Whenever weeds or grass, in violation of Chapter 255, Weeds, of the Bridgeton Municipal Code, are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entities or tenancy in common, each owner thereof shall be liable. The Director of Public Works or his/her signee may, after giving the owner or, in case of joint tenancy, tenancy by entities or tenancy common, each owner thereof five (5) days' notice by posting such notice on the premises, declare the weeds or grass to be a nuisance and order the same to be abated within five (5) days; and in case the weeds or grass are not cut down and removed within the five (5) days, the Director of Public Works or his/her designee shall have the weeds or grass cut and removed and shall certify the costs to the City Clerk, who shall cause a special tax bill thereof against the property to be prepared and to be collected by the Finance Officer; and the tax bill from the date of its issuance shall be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereof. Such tax bills shall bear interest at the legal rate of interest.
| |
302.5 Rodent harborage.
| |
Structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be
promptly exterminated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall
be taken to eliminate rodent harborage and prevent re-infestation.
| |
302.6 Exhaust vents.
| |
Pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
| |
302.7 Accessory structures.
| |
Accessory structures, including detached garages, shed(s), carports,
playground equipment, tree house, fences, swimming pools, antennas,
satellite dishes, tents, and retaining walls, shall be maintained
structurally sound and in good repair.
| |
Accessory structures, swimming pools and covered areas shall
be kept in a clean and organized manner; maintained free of hazardous
and unsightly conditions. Rubbish cannot be stored in the carport
area.
| |
302.8 Motor vehicles.
| |
Except as provided for in other regulations, no inoperative
or unlicensed motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
| |
Exception: A vehicle of any type is
permitted to undergo major overhaul, including body work, provided
that such work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
| |
302.9 Defacement of property.
| |
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
| |
It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
| |
302.10 Certificate of Exterior Appearance Compliance.
[Ord. No. 08-31, 6-4-2008] | |
A. Requirements.
| |
1. On change of ownership, it shall be unlawful for any person, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any dwelling or residential building or addition thereto or any part thereof for any purpose until a certificate of exterior appearance compliance has been issued by the Department of Public Works. It shall be the responsibility of the current owner of the property to apply for and obtain a certificate of exterior appearance compliance prior to change of ownership. The Building Official shall issue a certificate only if the structure and the occupancy comply with the requirements of this Chapter 510, International Property Maintenance Code, 2015 Edition Section and Section 302.10.
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2. Additionally, each dwelling shall
be subject to exterior inspection at the following times:
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a. Once every two (2) years on apartments
or once every four (4) years on condominiums.
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b. Where there is exterior deterioration
of a residential building, garage, accessory structure or other structure.
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c. Whenever the structure or ground
has been declared a public nuisance.
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d. Whenever a complaint is filed against
a property.
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3. The Building Official may revoke
a certificate if the dwelling fails to pass any such inspection.
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B. Fee for Certificate. Upon application for a
certificate, the applicant shall pay a fee to the Building Official
in the amount of forty dollars ($40.00) which shall compensate the
City for the cost of the initial inspection and one (1) re-inspection.
Each additional re-inspection shall be twenty-eight dollars ($28.00).
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C. Standards for Issuance and Maintenance of a
Certificate.
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1. General. The exterior of a structure
shall be maintained in good repair, structurally sound and sanitary
so as not to pose a threat to the health, safety or general welfare
of the public and/or the occupants and so as to protect the occupants
from the adverse effects of the environment.
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2. Approved materials and equipment.
All materials, equipment and devices approved for use by the Building
Official shall be constructed and installed in accordance with such
approval.
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3. Street numbers. Each structure to
which a street number has been assigned shall have the number so assigned
displayed in a position easily observed and readable from the adjacent
street. All existing numbers shall be at least three (3) inches (76
mm) high and one-half (1/2) inch (13 mm) wide. All new numbers shall
be at least four (4) inches (101 mm) high and one-half (1/2) inch
(13 mm) wide.
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4. Foundation walls. All foundation
walls shall be maintained plumb and free from open cracks and breaks
so as not to be detrimental to public health, safety or general welfare.
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5. Exterior walls. Every exterior wall
shall be free of holes, breaks, loose or rotting boards or timbers
and any other conditions which might admit rain or dampness to the
interior portions of the walls or to the occupied spaces of the building.
All exterior surface materials, including wood, composition or metal
siding, shall be maintained weatherproof and shall be properly surface
coated when required to prevent deterioration. Masonry walls shall
be free of cracks, chipping or missing material. Mortar joints to
be maintained and tuck pointed as needed to prevent deterioration.
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6. Gutter. Every residential building,
garage, structure and accessory structure in excess of one hundred
fifty (150) square feet shall be guttered where appropriate and with
ample down spouts properly positioned and in good repair. Roof water
shall not be channeled directly onto adjacent property. If required
guttering is missing from a structure, it shall be replaced on change
of occupancy or ownership.
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7. Roof. All roofs shall be sufficiently
waterproof, weatherproof and fitted to exclude the entrance of rain,
rodents, birds and other impediments to the maintenance of interior
health and safety. All roofs shall be kept in good repair and free
from curling, missing or deteriorating surface materials.
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8. Chimneys and towers. All chimneys
and similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic
application of weather-coating materials such as paint or similar
surface treatment.
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9. Stairs and porches. Every stair,
porch, fire escape, balcony and all appurtenances attached thereto
shall be so constructed as to be safe to use and shall be maintained
in sound condition and good repair. Every flight of stairs which is
more than four (4) risers high shall have a graspable handrail on
at least one (1) side of the stair and every open portion of stair,
fire escape, porch, landing or balcony which is more than thirty (30)
inches (762 mm) above the grade below shall have guardrails. Handrails
shall be not less than thirty (30) inches (762 mm) nor more than forty
two (42) inches (1,067 mm) high, measured vertically above the nosing
of the treads. Guardrails shall not be less than thirty-six (36) inches
(762 mm) high above the floor of the porch, landing or balcony. Every
handrail and guardrail shall be firmly fastened and capable of bearing
normally imposed loads and shall be maintained in good condition.
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10. Windows, doors and other openings.
All openings in exterior walls of residential buildings, garages,
accessory structures or other structures shall be properly fitted
with windows, doors or other such fixtures for which the opening was
intended. Said windows, doors or other such fixtures shall be made
of materials authorized by the ordinances of the City of Bridgeton,
compatible with the residential building, garage, accessory structure
or other structure in which they are installed and they shall be maintained
weatherproof and shall be properly surface coated when required to
prevent deterioration. Every window and exterior door shall be substantially
tight and shall be kept in sound condition and repair. Every window
sash and door shall fit reasonably tight within its frame and shall
be properly hinged. Every window shall be fully supplied with panes
of glass or a rigid translucent substitute, free of cracks or holes.
Screens, if installed, shall be kept in good repair. Every exterior
door and its hardware shall be maintained in good condition. Door
locks on all doors entering residential buildings shall be in good
repair and capable of tightly securing the door.
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11. Pavement. Concrete, asphalt and
gravel driveways, sidewalks, patio and porches shall be maintained
in good repair.
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12. Landscaping. All yard areas shall
be covered by lawn, vegetation or landscaped in such a way as to prevent
erosion of soil, dust or the blowing or scattering of dirt particles
into the area or shall be treated to prevent same. All trees, bushes
or vegetation which overhang a public thoroughfare in such a way as
to hinder the movement, obstruct the view or otherwise create a hazard
for vehicles and pedestrians shall be trimmed or removed. Hazardous
dead trees and shrubs shall be promptly removed.
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13. Vacant structures and land. All
vacant structures and premises thereof or vacant land shall be maintained
in a clean, safe, secure and sanitary condition as provided herein
so as not to cause a blighting problem or adversely affect the public
health or safety.
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14. Public areas. All sidewalks, steps,
common halls, driveways, parking spaces and similar paved areas which
are privately maintained shall be kept in a proper state of repair
and shall be maintained free of hazardous conditions. If any sidewalk
or driveway or portion thereof by virtue of its state of repair shall
constitute a danger to public health, safety or general welfare, the
sidewalk or driveway or portion thereof shall be replaced.
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15. Accessory structures. All accessory
structures, including detached garages, fences and retaining walls,
shall be maintained structurally sound and in compliance with this
Chapter.
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16. Cleanliness. Every owner of a structure
shall keep that structure or premises in a clean and sanitary condition.
Every owner of a dwelling containing two (2) or more dwelling units
shall maintain, in a clean and sanitary condition, the shared or public
areas of the dwelling and premises thereof
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17. Minimum living space regulations.
Every residential building as defined in this Chapter shall contain
a minimum gross floor area of not less than six hundred (600) square
feet for the first four (4) occupants thereof and two hundred (200)
square feet for each additional occupant of the dwelling. The requirement
shall be based on the measurement of the exterior perimeter.
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D. Conditional Certificate. Occupancy shall be permitted on a conditional basis when, in the judgment of the Building Official, practical difficulties interfere with completion of all repairs required to bring the premises into full compliance with this Section 510.010 and/or 510.030 prior to permitting occupancy. However, no conditional certificate shall be issued where there is a condition on the premises which can threaten the interest of health, safety or general welfare of the general public or an occupant. No conditional certificate shall be issued under the provisions of this Chapter for premises which have been newly constructed, newly altered or on which a change of use is proposed unless a certificate of occupancy has first been issued under the provisions of Section 410.060(D) and is currently valid.
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Section 302.11 Rental Occupancy Permit
[Ord. No. 08-31, 6-4-2008] | |
A. Requirements. On change of occupancy (except
as provided elsewhere in this Chapter), it shall be unlawful for any
person to rent or cause to be rented, either as owner, lessee, agent
or manager within the City, any rental unit used for human habitation
without having first obtained a rental occupancy permit to do so as
provided in this Chapter. This rental occupancy permit requirement
shall not apply to hospitals, nursing homes or other rental units
used for human habitation that offer or provide medical or nursing
services or hotels, motels and dormitories if such units are subject
to other City, State or Federal licensing or regulations concerning
the safety of the users, patients or tenants.
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When a rental occupancy permit expires or has been denied, suspended
or revoked, no further rental or occupancy of the rental unit for
which the rental occupancy permit was required shall be permitted
until a rental occupancy permit has been issued. The rental units
within a residential building that are in compliance with the requirements
of this Chapter may continue to be occupied despite the presence of
other rental units in other portions of the residential building that
do not comply with this Chapter, so long as the non-complying rental
units do not create a hazard to the health, safety or general welfare
of the public or of the persons in the complying occupied rental units.
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Rental occupancy permits shall remain valid until the rental
unit is vacated, the occupancy of the rental unit changes or the rental
occupancy permit otherwise expires, is suspended or revoked. No rental
occupancy permit shall be required until June 1, 2009.
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B. Application for Rental Occupancy Permit. Prior
to a change in occupancy of any rental unit, the owner of said rental
unit shall make written application to the Building Official for a
rental occupancy permit on a form to be supplied by the City and containing
such information as the City deems necessary to administer and enforce
the provisions of, and to ensure compliance with, the provisions of
this Chapter. The applicant shall provide the names and ages of all
proposed occupants of the dwelling.
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Within a reasonable time after the Building Official receives a complete application for a rental occupancy permit (together with all required accompanying materials and fees), the Building Official or his/her designee shall inspect the rental unit for which application has been made in order to determine whether the rental unit is in compliance with the provisions of Chapter 510 and International Property Maintenance Code, 2015 Edition. Notwithstanding anything to the contrary contained herein, if the rental unit has been inspected for a rental occupancy permit by the City within the preceding two (2) years and if said rental unit passed said inspection, no new inspection shall be required in order to obtain a rental occupancy permit, unless the Building Official otherwise finds it necessary to conduct an inspection.
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Upon completion of the inspection of the rental unit and/or building or buildings (if required), if the inspector finds the requirements of Chapter 510 and International Property Maintenance Code, 2015 Edition have been met, a rental occupancy permit shall be issued. If the inspector finds that the requirements of Chapter 510 and International Property Maintenance Code, 2015 Edition have not been met, a written denial specifying the defects shall be transmitted to the applicant. If no inspection is required pursuant to the terms above, the Building Official shall issue a rental occupancy permit upon a determination that the City is in receipt of a complete application for a rental occupancy permit for the rental unit.
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C. Fees for Rental Occupancy Permit. If no inspection
is required, no fee shall be charged for a rental occupancy permit.
The fees referenced in this Section shall be paid by the applicant
at the time of application for the rental occupancy permit if an inspection
is required pursuant to this Section and shall also include one (1)
re-inspection.
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Permit And Inspection Fees
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---|---|---|
1.
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Single-family dwelling
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$40.00
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2.
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Two-family dwellings; or
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$25.00 per unit
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3.
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Multi-family dwellings
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$25.00 per unit
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If a rental occupancy permit is denied or suspended, the permit
and inspection fee is non-refundable. A twenty-eight dollar ($28.00)
re-inspection fee will be required for each inspection required other
than the initial inspection and the first (1st) re-inspection made
upon application.
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D. Standards. In order to obtain a rental occupancy
permit, the Building Official must determine that the rental unit
for which the rental occupancy permit is sought complies with the
following standards:
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1. Zoning. The rental unit and building
and premises in and on which it is located are in compliance with
the Zoning Ordinance.
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2. Certificate. The rental unit and the common areas of the building and premises in and on which it is located are in compliance with Chapter 510, International Property Maintenance Code, 2015 Edition a certificate has been issued with respect to the rental unit.
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3. Building Code. The rental unit and the common areas of the building and premises in and on which it is located are in compliance with the Building Code and the Chapter 510, International Property Maintenance Code, 2015 Edition.
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4. Cleanliness. The rental unit and
the common areas of the building and premises in and on which it is
located are clean, sanitary, fit for human occupancy and comply with
all applicable legal requirements of the State and the City.
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5. Illumination. Each multiple-family
dwelling or rental unit shall have effective illumination near the
exterior entrances of the rental unit.
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6. Kitchen. The rental unit must have
a space in which food may be prepared and cooked that shall have an
adequate circulation area and shall be equipped with all of the following:
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a. A kitchen sink in good working condition,
connected to an approved water supply including hot and cold water
and also connected to an approved sewer system.
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b. Cabinets or shelves for the storage
of eating, drinking and cooking equipment and utensils.
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c. Adequate space and hookups shall
be provided for a stove or similar device for cooking food and a refrigerator
or similar device.
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7. Access. Access to or egress from
each rental unit shall be provided without passing through any other
dwelling unit. Every dwelling unit in a one- or two-story building
shall have at least one (1) means of egress leading to a safe and
open space at ground level. Every dwelling unit in a three-story or
taller building shall have immediate access to two (2) or more means
of egress leading to a safe and open space at ground level.
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8. Locks. All exterior doors of the
rental unit shall be equipped with an approved functioning locking
device.
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9. Electricity. Every rental unit and
all public and common areas shall be supplied with electric service,
over-current protection devices, and electric outlets and properly
installed electric fixtures which shall be maintained in safe working
condition and shall be energized by an approved source of electric
power and in compliance with the applicable ordinances of the City
and State. The minimum capacity of said electric service and the minimum
number of electric outlets and fixtures shall be as follows:
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a. Buildings containing one (1) or
more rental units shall have at least sixty (60) amp service or feeder
per dwelling unit. Main service to multiple-family dwellings shall
have sufficient capacity to carry the load as computed in accordance
with the City Code.
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b. Internal wiring and outlets in dwellings
shall conform to the following:
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(1) Every dwelling should have adequate
duplex outlets.
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(2) At least one (1) duplex receptacle
on a separate twenty (20) amp appliance circuit in the kitchen. If
there is a kitchen counter, such receptacle shall be accessible to
the counter.
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(3) At least one (1) duplex receptacle
on a separate twenty (20) amp circuit for laundry. Multiple-family
dwellings may have a common laundry area with duplex receptacles on
separate twenty (20) amp circuits that are not overloaded.
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(4) Every habitable room with one hundred
twenty (120) square feet of habitable floor space or less shall be
provided with two (2) separate wall-type electric convenience outlets
and an additional outlet for each eighty (80) square feet or fraction
thereof of habitable floor space. Required outlets shall, insofar
as possible, be spaced equal distances apart. One (1) ceiling type
or wall type light fixture controlled by a remote switch may be supplied
in lieu of one (1) required electric convenience outlet in each habitable
room. Every public hall, water closet compartment, bathroom, laundry
room and furnace room shall contain at least one (1) supplied electric
light fixture controlled by at least one (1) switch. The bathroom
in all new construction whether a completely new rental unit or the
renovation of an existing structure shall have at least one (1) ground
fault interrupter receptacle. This receptacle may be in a wall light
if readily accessible.
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10. Surfaces. Every floor shall be
free of loose, warped, protruding or rotted flooring materials. Paints
or materials that remain toxic after being applied and after drying
or hardening shall not be used. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean and
sanitary manner.
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11. Structural capacity. Every foundation,
roof, floor, exterior wall, interior wall, ceiling, inside and outside
stairways, every porch, balcony and every attachment thereto shall
be safe to use and capable of supporting loads that may be anticipated
to be placed on them in normal use.
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12. Functioning equipment. Every supplied
facility and every piece of equipment or utility and every chimney
and flue shall be installed and shall be maintained so that it works
effectively and safely.
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302.12 Building Official. It shall be the duty
and responsibility of the Director of Public Works or his/her selected
technical officers, inspectors, plan examiners and other employees
to enforce the provisions of this Chapter as herein provided.
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302.13 Relief from Personal Liability. Any Building
Official, officer or employee who acts in good faith and without malice
in the discharge of duties of enforcement of this Chapter is relieved
of all personal liability for any damage accruing to persons or property
as a result of such acts or alleged failure to act. Further, the Building
Official shall not be held liable for any costs in any action, suit
or proceeding that is instituted by the Building Official in the enforcement
of this Chapter. In any of these actions, the Building Official, inspector,
officer or employee shall be defended or represented by the City's
attorney at law until the final termination of the proceedings.
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302.14 Official Records. An official record shall
be kept of all business and activities of the Building Official specified
in the provisions of this Chapter and (subject to the other provisions
of the City Code and State Statutes) all such records shall be open
to public inspection at all appropriate times and under reasonable
regulations established by the Building Official to maintain the integrity
and security of such records.
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302.15 Inspections. In order to safeguard the public
health, safety and welfare, the Building Official and each inspector
are authorized to enter upon premises at any reasonable time for the
purpose of making inspections and performing duties under this Chapter.
Every occupant of the premises shall give the inspector and the owner
or operator thereof or agent or employee access to the premises at
reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this Chapter. If any owner, occupant or other person in charge
of a rental unit fails or refuses to permit free access and entry
to the structure or premises under his/her control for any inspection
pursuant to this Chapter, the Building Official may seek a search
warrant or other appropriate court order authorizing such inspections.
The inspector shall disclose proper credentials of their respective
office for the purpose of inspecting any and all buildings and premises
in the performance of duties under this Chapter. Whenever inspections
are necessary by any other agency, the Building Official shall make
reasonable effort to arrange for the coordination of such inspections
so as to minimize the number of visits by inspectors and to confer
with the other agencies for the purpose of eliminating conflicting
orders before any are issued. An agency shall not, however, delay
the issuance of any emergency orders.
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302.16 Other Regulations. The provisions in this
Chapter shall not be construed to prevent the enforcement of other
ordinances or regulations which prescribe standards other than are
provided herein. Any repairs or alterations to a structure or changes
of use therein, which are caused directly or indirectly by the enforcement
of this Chapter, shall be done in accordance with the procedures and
provisions of the Building Code. The provisions of this Chapter shall
not be construed to abolish or impair existing remedies of the City
or its officers or agencies relating to the removal or demolition
of any buildings which are dangerous, unsafe or unsanitary.
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302.17 Alterations or Repairs. Alterations or repairs
to any structure shall conform to all provisions of the Building Code
which are required of a new structure; however those portions of the
existing structure which are not altered are not required to comply
with all the requirements of the Building Code for the new construction,
provided: (1) such work conforms to that required by this Chapter;
(2) such alterations or repairs do not cause an existing structure
to become unsafe or adversely affect the performance of the building;
and (3) the alterations or repairs are not structural and do not adversely
affect any structural member or any part of the structure having a
required fire-resistance rating.
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302.18 Workmanship. Any repairs or alterations
which are caused directly or indirectly by the enforcement of this
Chapter shall be executed in a thorough and workmanlike manner. All
materials utilized in the repair of structures shall match the appearance
of the existing structure's material and color. When there are
practical difficulties involved in carrying out provisions of this
Chapter, the Building Official shall be permitted to vary or modify
such provision upon application of the owner or the owner's representative,
provided that the spirit and intent of the law shall be observed and
public health, safety and general welfare are assured. The provisions
of this Chapter are not intended to prevent the use of any material
or method of construction not specifically prescribed by this Chapter,
provided any such alternative has been approved. An alternative material
or method of construction shall be approved when the Building Official
finds that the proposed design is satisfactory and complies with the
intent of the provisions of this Chapter and that the material, method
or work offered is, for the purpose intended, at least the equivalent
of that prescribed in this Chapter in quality, strength, effectiveness,
fire-resistance, durability and safety. The Building Official shall
require that sufficient technical data be submitted to substantiate
the proposed use of any material or assembly and if it is determined
that the evidence submitted is satisfactory proof of performance for
the use intended, the Building Official shall approve its use subject
to the requirements of this Chapter. The costs of all tests, reports
and investigations required under these provisions shall be paid by
the applicant.
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302.19 Availability. Certificates and rental occupancy
permits issued under this Chapter shall be produced by the City on
the request of the owner, a tenant or prospective tenant. The owner
of the rental property shall be solely responsible for obtaining required
certificates and rental occupancy permits.
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302.20 Review of Ordinance. As part of the monthly
and annual reports, the Director of Public Works shall report to the
City Council on the results of this program.
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302.21 Non-Conforming Conditions. If additional
non-conforming conditions are encountered during the course of any
approved alteration or repair which were not considered or known initially,
the Building Official shall have the authority to require compliance
of such conditions with this Chapter. The determination of what is
necessary to bring such conditions into compliance shall take into
consideration the use of alternatives and equivalent approaches as
provided for in this Chapter. The Building Official shall have the
authority to approve construction changes in the field when conditions
are encountered which make the originally approved work impractical,
provided such changes in approved work can be readily determined to
be in compliance with this Chapter and are requested by the owner
or the owner's agent, in writing, prior to such construction
changes. Such changes shall be specifically documented by the owner
or the owner's agent in describing the change in work and the
reasons and justification for the change and shall be filed with the
permit for the project.
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302.22 Rule Making Authority. The Director of Public
Works shall have power as may be necessary in the interest of public
safety, health and general welfare to adopt and promulgate rules and
regulations to interpret and implement the provisions of this Chapter,
to secure the intent thereof and to designate requirements applicable
because of other conditions; but such rules shall not have the effect
of waiving requirements specifically provided in this Chapter or violating
approved practice involving public safety.
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302.23 Process of Complaint. Any person having
any complaint regarding the condition of any dwelling failing to meet
the requirements of this Chapter may make a complaint to the Office
of Public Works in writing on forms provided by that office. Upon
receipt of complaint, the City shall re-inspect the dwelling unit,
unless the dwelling has passed a City inspection within the last six
(6) months. A twenty-eight dollar ($28.00) re-inspection fee is required
at the time of complaint by the person(s) filing the complaint. If
the situation is resolved without an inspector having to review the
property, the twenty-eight dollar ($28.00) re-inspection fee will
be refunded. If one (1) or more violations are found as a result of
the inspection, the fee shall be refundable to the person who filed
the complaint and shall be paid by the owner of the dwelling.
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SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
|
303.1 Swimming pools.
|
Swimming pools shall be maintained in a clean and sanitary condition,
and in good repair.
|
303.2 Enclosures.
|
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 fence or barrier 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 the 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. No
existing pool enclosure shall be removed, replaced or changed in a
manner that reduces its effectiveness as a safety barrier.
|
Exception: Spas or hot tubs with a
safety cover that complies with ASTM F 1346 shall be exempt from the
provisions of this Section.
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SECTION 304
EXTERIOR STRUCTURES
| |
304.1 General.
| |
The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
| |
304.1.1. Unsafe conditions.
| |
The following conditions shall be determined as
unsafe and shall be repaired or replaced to comply with the International
Building Code, International Property Maintenance Code, 2015 Edition
or the International Existing Building Code as required for existing
buildings:
| |
1.
|
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
|
2.
|
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations is not capable of resisting all
nominal loads or load effects;
|
3.
|
Structures or components thereof that have reached their limit
state;
|
4.
|
Siding and masonry joints including joints between the building
envelope and the perimeter of windows, doors and skylights are not
maintained, weather resistant or water tight;
|
5.
|
Structural members that have evidence of deterioration or that
are not capable of safely supporting all nominal loads and load effects;
|
6.
|
Foundation systems that are not firmly supported by footings,
are not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects;
|
7.
|
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects;
|
8.
|
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
|
9.
|
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects;
|
10.
|
Veneer, cornices, belt courses, corbels, trim, wall facings
and similar decorative features not properly anchored or that are
anchored with connections not capable of supporting all nominal loads
and resisting all load effects;
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11.
|
Overhang extensions or projections, including, but not limited
to, trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
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12.
|
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects; or
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13.
|
Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects.
|
Exceptions:
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1.
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Where substantiated otherwise by an approved method.
|
2.
|
Demolition of unsafe conditions shall be permitted where approved
by the Code Official.
|
304.2 Protective treatment.
| |
Exterior surfaces, including, but not limited to, doors, door
and window frames, cornices, porches, trim, balconies, decks and fences,
shall be maintained in good condition. Exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted.
Siding and masonry joints, as well as those between the building envelope
and the perimeter of windows, doors and skylights, shall be maintained
weather resistant and water tight. Metal surfaces subject to rust
or corrosion shall be coated to inhibit such rust and corrosion, and
surfaces with rust or corrosion shall be stabilized and coated to
inhibit future rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. Surfaces designed for stabilization by oxidation
are exempt from this requirement.
| |
[F] 304.3 Premises identification.
| |
Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be not less than three (3) inches (76.2 mm) in height with a
minimum stroke width of one-half (0.5) inch (12.7 mm).
| |
304.4 Structural members.
| |
Structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads.
| |
304.5 Foundation walls.
| |
Foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
| |
304.6 Exterior walls.
| |
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. Exterior walls shall
be free from mold and mildew. Painted exterior walls shall be free
from faded colors that are not uniform, and touch up paint shall match
the existing colors.
| |
304.7 Roofs and drainage.
| |
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.
| |
304.8 Decorative features.
| |
Cornices, belt courses, corbels, terra cotta trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
| |
304.9 Overhang extensions.
| |
Overhang extensions, including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored
so as to be kept in a sound condition. Where required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
| |
304.10 Stairways, decks, porches and balconies.
| |
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
| |
304.11 Chimneys and towers.
| |
Chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair.
Exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
| |
304.12 Handrails and guards.
| |
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
| |
304.13 Window, skylight and door frames.
| |
Every window, skylight, door and frame shall be kept in sound
condition, good repair and weather tight.
| |
304.13.1 Glazing.
| |
Glazing materials shall be maintained free from cracks and holes.
| |
304.13.2 Openable windows.
| |
Every window, other than a fixed window, shall be easily openable
and capable of being held in position by window hardware.
| |
304.14 Insect screens.
| |
During the period from April 1st to October 1st, every door,
window and other outside opening required for ventilation of habitable
rooms, food preparation areas, food service areas or any areas where
products to be included or utilized in food for human consumption
are processed, manufactured, packaged or stored shall be supplied
with approved tightly fitting screens of minimum sixteen (16) mesh
per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self-closing device in good working condition.
| |
Exception: Screens shall not be required
where other approved means, such as air curtains or insect repellent
fans, are employed.
| |
304.15 Doors.
| |
Exterior doors, door assemblies, operator systems if provided,
and hardware shall be maintained in good condition. Locks at all entrances
to dwelling units and sleeping units shall tightly secure the door.
Locks on means of egress doors shall be in accordance with Section
702.3.
| |
304.16 Basement hatchways.
| |
Every basement hatchway shall be maintained to prevent the entrance
of rodents, rain and surface drainage water.
| |
304.17 Guards for basement windows.
| |
Every basement window that is openable shall be supplied with
rodent shields, storm windows or other approved protection against
the entry of rodents.
| |
304.18 Building security.
| |
Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide
security for the occupants and property within.
| |
304.18.1 Doors.
| |
Doors providing access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with a deadbolt
lock designed to be readily openable from the side from which egress
is to be made without the need for keys, special knowledge or effort
and shall have a minimum lock throw of one (1) inch (25 mm). Such
deadbolt locks shall be installed according to the manufacturer's
specifications and maintained in good working order. For the purpose
of this Section, a sliding bolt shall not be considered an acceptable
deadbolt lock.
| |
304.18.2 Windows.
| |
Operable windows located in whole or in part within six (6)
feet (1,828 mm) above ground level or a walking surface below that
provide access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased or let shall be equipped with a window sash
locking device.
| |
304.18.3 Basement hatchways.
| |
Basement hatchways that provide access to a dwelling unit, rooming
unit or housekeeping unit that is rented, leased or let shall be equipped
with devices that secure the units from unauthorized entry.
| |
304.19 Gates.
| |
Exterior gates, gate assemblies, operator systems if provided,
and hardware shall be maintained in good condition. Latches at all
entrances shall tightly secure the gates.
| |
304.20 Location and Permitting For Storage Trailers, PODS®, Dumpsters And Similar Devices.
[Ord. No. 19-18, 9-18-2019] | |
A. No person shall park, place or suffer the placement
of any storage trailer, portable on-demand storage ("PODS®") unit, trash or construction debris "roll-off"
container or dumpster (including soft-sided dumpster or "bagster"),
or similar device (collectively, "Storage and Disposal Devices"),
in or upon any street, highway, roadway, designated fire lane, alleyway
or sidewalk in the City of Bridgeton. Storage and Disposal Devices
shall not, under any circumstances, be placed or unloaded on any street
within the City of Bridgeton.
| |
B. No person shall park, place or suffer the placement
of any Storage and Disposal Device upon any lot or property in the
City of Bridgeton other than on a durably paved surface constructed
with concrete or asphalt. Such Storage and Disposal Devices shall
also be so situated on the property so as to minimize the potential
for interference with sight lines for motorists on adjoining streets
and nearby driveways and, if possible, to the rear of the front building
line of the principal building on the lot.
| |
C. Except as provided in Subsection (D) of this
Section, no person shall install, deposit, park or leave any Storage
and Disposal Device on any residentially zoned property within the
City without first obtaining a permit from the City Engineer or his/her
designee. A permit fee of fifty dollars ($50.00) shall be collected
by the City Engineer or his/her designee to cover the cost of issuing
the same and conducting inspections for compliance with this Section.
The permit shall specify the time period, not exceeding fifteen (15)
days, during which time the Storage and Disposal Device may be kept
on the property.
| |
The permit holder may submit a written request for a permit
extension, stating the justification for the additional time. A permit
extension may be granted by the City Engineer or his/her designee
for up to an additional fifteen (15) days, provided the permit applicant
has demonstrated to the City Engineer's satisfaction that extenuating
circumstances exist which justify the extension.
| |
The permit shall also state the address of the property and
location on the lot where the Storage and Disposal Device is to be
situated. No more than two (2) permits may be issued for any lot or
parcel of property in any twelve-month period.
| |
1. The City Engineer or his/her designee
shall have the authority to waive the permit fee set forth herein
upon the sale or rental of the property in order to accommodate a
new occupant moving into the dwelling.
| |
2. The City Engineer or his/her designee
shall have the discretion to: (i) waive the permit fee; (ii) increase
the duration of the permit beyond the original fifteen (15) days;
and/or (iii) waive the permit requirement entirely, in the event of
a natural or other disaster that affects a significant portion of
the properties or residents of the City, if he or she determines that
there may be a scarcity of available building materials or contractors
readily able to provide prompt restoration services.
| |
D. A dumpster may be temporarily placed on residentially
zoned property for the purpose of collecting construction debris if
the residential property is subject to a valid building permit for
renovation or construction of a structure on such property. The placement
of the dumpster shall comply with the requirements set forth in Subsection
(B) above, but a permit shall not be required under Subsection (C)
for so long as the corresponding building permit remains valid. Any
dumpster placed under this Subsection (D) must be placed on the same
parcel that is subject to the valid building permit and shall be removed
on or before the date that is three (3) days after the building permit
expires.
|
SECTION 305
INTERIOR STRUCTURE
| ||
305.1 General.
| ||
The interior of a structure and equipment therein shall be maintained
in good repair, structurally sound and in a sanitary condition. Occupants
shall keep that part of the structure that they occupy or control
in a clean and sanitary condition. Every owner of a structure containing
a rooming house, housekeeping units, a hotel, a dormitory, two (2)
or more dwelling units or two (2) or more non-residential occupancies,
shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
| ||
305.1.1 Unsafe conditions.
| ||
The following conditions shall be determined as
unsafe and shall be repaired or replaced to comply with the International
Building Code or the International Existing Building Code as required
for existing buildings:
| ||
1.
|
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
| |
2.
|
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations is not capable of resisting all
nominal loads or load effects;
| |
3.
|
Structures or components thereof that have reached their limit
state;
| |
4.
|
Structural members are incapable of supporting nominal loads
and load effects;
| |
5.
|
Stairs, landings, balconies and all similar walking surfaces,
including guards and handrails, are not structurally sound, not properly
anchored or are anchored with connections not capable of supporting
all nominal loads and resisting all load effects;
| |
6.
|
Foundation systems that are not firmly supported by footings
are not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects.
| |
Exceptions:
| ||
1.
|
Where substantiated otherwise by an approved method.
| |
2.
|
Demolition of unsafe conditions shall be permitted when approved
by the Code Official.
| |
305.2 Structural members.
| ||
Structural members shall be maintained structurally sound, and
be capable of supporting the imposed loads.
| ||
305.3 Interior surfaces.
| ||
Interior surfaces, including windows and doors, shall be maintained
in good, clean and sanitary condition. Peeling, chipping, flaking
or abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions
shall be corrected.
| ||
305.4 Stairs and walking surfaces.
| ||
Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair.
| ||
305.5 Handrails and guards.
| ||
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
| ||
305.6 Interior doors.
| ||
Every interior door shall fit reasonably well within its frame
and shall be capable of being opened and closed by being properly
and securely attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
|
SECTION 306
COMPONENT SERVICEABILITY
| ||
306.1 General.
| ||
The components of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition.
| ||
306.1.1 Unsafe conditions.
| ||
Where any of the following conditions cause the component or
system to be beyond its limit state, the component or system shall
be determined as unsafe and shall be repaired or replaced to comply
with the International Building Code or the International Existing
Building Code as required for existing buildings:
| ||
1.
|
Soils that have been subjected to any of the following conditions:
| |
1.1.
|
Collapse of footing or foundation system;
| |
1.2.
|
Damage to footing, foundation, concrete or other structural
element due to soil expansion;
| |
1.3.
|
Adverse effects to the design strength of footing, foundation,
concrete or other structural element due to a chemical reaction from
the soil;
| |
1.4.
|
Inadequate soil as determined by a geotechnical investigation;
| |
1.5.
|
Where the allowable bearing capacity of the soil is in doubt;
or
| |
1.6.
|
Adverse effects to the footing, foundation, concrete or other
structural element due to the ground water table.
| |
2.
|
Concrete that has been subjected to any of the following conditions:
| |
2.1.
|
Deterioration;
| |
2.2.
|
Ultimate deformation;
| |
2.3.
|
Fractures;
| |
2.4.
|
Fissures;
| |
2.5.
|
Spalling;
| |
2.6.
|
Exposed reinforcement; or
| |
2.7.
|
Detached, dislodged or failing connections.
| |
3.
|
Aluminum that has been subjected to any of the following conditions:
| |
3.1.
|
Deterioration;
| |
3.2.
|
Corrosion;
| |
3.3.
|
Elastic deformation;
| |
3.4.
|
Ultimate deformation;
| |
3.5.
|
Stress or strain cracks;
| |
3.6.
|
Joint fatigue; or
| |
3.7.
|
Detached, dislodged or failing connections.
| |
4.
|
Masonry that has been subjected to any of the following conditions:
| |
4.1.
|
Deterioration;
| |
4.2.
|
Ultimate deformation;
| |
4.3.
|
Fractures in masonry or mortar joints;
| |
4.4.
|
Fissures in masonry or mortar joints;
| |
4.5.
|
Spalling;
| |
4.6.
|
Exposed reinforcement; or
| |
4.7.
|
Detached, dislodged or failing connections.
| |
5.
|
Steel that has been subjected to any of the following conditions:
| |
5.1.
|
Deterioration;
| |
5.2.
|
Elastic deformation;
| |
5.3.
|
Ultimate deformation;
| |
5.4.
|
Metal fatigue; or
| |
5.5.
|
Detached, dislodged or failing connections.
| |
6.
|
Wood that has been subjected to any of the following conditions:
| |
6.1.
|
Ultimate deformation;
| |
6.2.
|
Deterioration;
| |
6.3.
|
Damage from insects, rodents and other vermin;
| |
6.4.
|
Fire damage beyond charring;
| |
6.5.
|
Significant splits and checks;
| |
6.6.
|
Horizontal shear cracks;
| |
6.7.
|
Vertical shear cracks;
| |
6.8.
|
Inadequate support;
| |
6.9.
|
Detached, dislodged or failing connections; or
| |
6.10.
|
Excessive cutting and notching.
| |
Exceptions:
| ||
1.
|
Where substantiated otherwise by an approved method.
| |
2.
|
Demolition of unsafe conditions shall be permitted where approved
by the Code Official.
|
SECTION 307
HANDRAILS AND GUARDRAILS
|
307.1 General.
|
Every exterior and interior flight of stairs having more than
four (4) risers shall have a handrail on one (1) side of the stair
and every open portion of a stair, landing, balcony, porch, deck,
ramp or other walking surface that is more than thirty (30) inches
(762 mm) above the floor or grade below shall have guards. Handrails
shall be not less than thirty (30) inches (762 mm) in height or more
than forty two (42) inches (1,067 mm) in height measured vertically
above the nosing of the tread or above the finished floor of the landing
or walking surfaces. Guards shall be not less than thirty six (36)
inches (762 mm) in height above the floor of the landing, balcony,
porch, deck, or ramp or other walking surface.
|
Exception: Guards shall not be required
where exempted by the adopted Building Code.
|
SECTION 308
RUBBISH AND GARBAGE
|
308.1 Accumulation of rubbish or garbage.
|
Exterior property and premises, and the interior of every structure,
shall be free from any accumulation of rubbish, garbage or sewage.
No rubbish or garbage or sewage may be collected, stored or sorted
on or within any vehicle or container other than a container designed
or constructed for such use.
|
308.2 Disposal of rubbish.
|
Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers.
|
308.2.1 Rubbish storage facilities.
|
The owner of every occupied premises shall supply
approved covered containers for rubbish, and the owner of the premises
shall be responsible for the removal of rubbish.
|
308.2.2 Refrigerators.
|
Refrigerators and similar equipment not in operation
shall not be discarded, abandoned or stored on premises without first
removing the doors.
|
308.3 Disposal of garbage.
|
Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
|
308.3.1 Garbage facilities.
|
The owner of every dwelling shall supply one of
the following: an approved mechanical food waste grinder in each dwelling
unit; an approved incinerator unit in the structure available to the
occupants in each dwelling unit; or an approved leak proof, covered,
outside garbage container.
|
308.3.2 Containers.
|
The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leak
proof containers provided with close-fitting covers for the storage
of such materials until removed from the premises for disposal.
|
SECTION 309
PEST ELIMINATION
|
309.1 Infestation.
|
Structures shall be kept free from insect and rodent infestation.
Structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human
health. After pest elimination, proper precautions shall be taken
to prevent re-infestation.
|
309.2 Owner.
|
The owner of any structure shall be responsible for pest elimination
within the structure prior to renting or leasing the structure.
|
309.3 Single occupant.
|
The occupant of a one-family dwelling or of a single-tenant
non-residential structure shall be responsible for pest elimination
on the premises.
|
309.4 Multiple occupancy.
|
The owner of a structure containing two (2) or more dwelling
units, a multiple occupancy, a rooming house or a non-residential
structure shall be responsible for pest elimination in the public
or shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant and owner shall be responsible for
pest elimination.
|
309.5 Occupant.
|
The occupant of any structure shall be responsible for the continued
rodent and pest-free condition of the structure.
|
Exception: Where the infestations are
caused by defects in the structure, the owner shall be responsible
for pest elimination.
|
SECTION 310
MOBILE OR MANUFACTURED HOMES
| |
A. Installation And Tie-Down — As Required By Applicable
State Regulations. An owner or occupant of a mobile or manufactured
home shall ensure that it is installed and tied down as required by
the applicable regulations promulgated by the Public Service Commission
of the State of Missouri.
| |
B. Maintenance — As Required By The International Property
Maintenance Code — Exceptions And Conditions. An owner or occupant
of a mobile or manufactured home shall be subject to the Property
Maintenance Code.
| |
1. Such owner or occupant shall not be subject to
codes referenced in the International Property Maintenance Code if
those referenced codes are pre-empted by applicable regulations of
the United States Department of Housing and Urban Development or the
Public Service Commission of the State of Missouri.
| |
2. An owner or occupant of a mobile or manufactured
home shall maintain it in conformity with applicable regulations of
the United States Department of Housing and Urban Development or the
Public Service Commission of the State of Missouri in force at the
time of the home's manufacture.
| |
3. Every manufactured and mobile home, now existing
or subsequently located within the City of Bridgeton, shall have skirting
around the entire structure. Skirting shall be made of aluminum, vinyl
material, or similar material approved by Building Official.
| |
C. Alteration — Permit Required — Conformity To
Applicable Federal And State Regulations And County Codes Required.
No owner or occupant of a mobile or manufactured home shall alter
it unless:
| |
1. Such owner or occupant obtains a building permit
from the Department of Public Works, which shall be subject to the
conditions and requirements set out in Chapter 1, Sections R101 through
R112 of the International Residential Code for One- and Two-Family
Dwellings.
| |
2. Such owner or occupant submits plans for the
proposed alteration demonstrating conformity with the applicable regulations,
including building, mechanical and plumbing regulations, of the United
States Department of Housing and Urban Development or the Public Service
Commission of the State of Missouri in force at the time of the home's
Manufacture.
| |
3. Such owner or occupant pays an application fee
for such permit as authorized by ordinance.
| |
D. Damage Or Alterations That Impair Structural Integrity. A
mobile or manufactured home may be subject to administrative proceedings
to condemn, close or demolish it pursuant to the International Property
Maintenance Code.
| |
1. The Director of Public Works shall institute
such proceedings if he/she makes the following determinations.
| |
a. The structure of a mobile or manufactured home
has been altered or has been damaged by neglect or deterioration or
by fire, wind or flooding; and
| |
b. That alteration or damage affects the integrity
of the structure.
| |
2. However, in all such cases, an owner or occupant
of any such mobile or manufactured home may submit to the Director
of Public Works for its review and approval a building permit application
with plans showing alterations made or alterations to be made in order
to repair structural damage.
| |
a. In the event the Director of Public Works cannot
make a determination that such alterations or repairs will result
in a structure that is structurally sound and in conformity with applicable
regulations of the United States Department of Housing and Urban Development
or the Public Service Commission of the State of Missouri in force
at the time of the home's manufacture, such plans shall be disapproved.
| |
b. However, an owner or occupant of any such mobile
or manufactured home may rebut that denial by submitting a report
by an engineer licensed in the State of Missouri and bearing that
engineer's original seal and signature certifying that the mobile
or manufactured home, as altered or despite damage to it, is either:
| |
(1) Structurally sound and in conformity with applicable
regulations of the United States Department of Housing and Urban Development
or the Public Service Commission of the State of Missouri in force
at the time of the home's manufacture; or
| |
(2) Capable of repairs rendering it structurally
sound and in conformity with the regulations identified above, in
which case the engineer's report must be supported by a permit
application for such repairs meeting the requirements of Subsection
(C) of this Section.
| |
3. The Director of Public Works may stay proceedings
under Subparagraph (1) above pending review of building permit applications
under Subparagraph (2) above if public safety is not affected adversely.
| |
4. The Director of Public Works shall terminate
proceedings under Subparagraph (1) above upon approval of any building
permit application under Subparagraph (2) above.
| |
E. Adopted Federal And State Standards. City of Bridgeton adopts
by reference the following Federal and State regulations applicable
to mobile or manufactured homes promulgated by the United States Department
of Housing and Urban Development or by the Public Service Commission
of the State of Missouri:
| |
1. 24 Code of Federal Regulations ("CFR") Part 3280
(Manufactured Home Construction and Safety Standards) as currently
in force or as amended hereafter;
| |
2. Earlier versions of 24 CFR Part 3280 if and as
applicable at the time of the manufacture of a mobile or manufactured
home subject to this Section;
| |
3. 4 Code of State Regulations ("CSR") Chapter 120 (New Manufactured Homes) as currently in force or as amended hereafter;
| |
4. 4 CSR Chapter 121 (Pre-Owned Manufactured Homes) as currently in force or as amended hereafter;
| |
5. 4 CSR Chapter 124 (Manufactured Home Tie-Down
Systems) as currently in force or as amended hereafter; and
| |
6 4 CSR Chapter 125 (Manufactured Home Installers) as currently in force or as amended hereafter.
|
CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
|
SECTION 401
GENERAL
|
401.1 Scope.
|
The provisions of this Chapter shall govern the minimum conditions
and standards for light, ventilation and space for occupying a structure.
|
401.2 Responsibility.
|
The owner of the structure shall provide and maintain light,
ventilation and space conditions in compliance with these requirements.
A person shall not occupy as owner-occupant, or permit another person
to occupy, any premises that do not comply with the requirements of
this Chapter.
|
401.3 Alternative devices.
|
In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with
the International Building Code shall be permitted.
|
SECTION 402
LIGHT
|
402.1 Habitable spaces.
|
Every habitable space shall have not less than one (1) window
of approved size facing directly to the outdoors or to a court. The
minimum total glazed area for every habitable space shall be eight
percent (8%) of the floor area of such room. Wherever walls or other
portions of a structure face a window of any room and such obstructions
are located less than three (3) feet (914 mm) from the window and
extend to a level above that of the ceiling of the room, such window
shall not be deemed to face directly to the outdoors nor to a court
and shall not be included as contributing to the required minimum
total window area for the room.
|
Exception: Where natural light for
rooms or spaces without exterior glazing areas is provided through
an adjoining room, the unobstructed opening to the adjoining room
shall be not less than eight percent (8%) of the floor area of the
interior room or space, but a minimum of five (5) square feet (2.33
m2). The exterior glazing area shall be
based on the total floor area being served.
|
402.2 Common halls and stairways.
|
Every common hall and stairway in residential occupancies, other
than in one- and two-family dwellings, shall be lighted at all times
with not less than a 60-watt standard incandescent light bulb for
each two hundred (200) square feet (19 m2) of floor area or equivalent illumination, provided that the spacing
between lights shall not be greater than thirty (30) feet (9,144 mm).
In other than residential occupancies, means of egress, including
exterior means of egress, stairways shall be illuminated at all times
the building space served by the means of egress is occupied with
not less than one (1) foot candle (11 lux) at floors, landings and
treads.
|
402.3 Other spaces.
|
All other spaces shall be provided with natural or artificial
light sufficient to permit the maintenance of sanitary conditions,
and the safe occupancy of the space and utilization of the appliances,
equipment and fixtures.
|
SECTION 403
VENTILATION
| |
403.1 Habitable spaces.
| |
Every habitable space shall have not less than one (1) openable
window. The total openable area of the window in every room shall
be equal to not less than forty five percent (45%) of the minimum
glazed area required in Section 402.1.
| |
Exception: Where rooms and spaces without openings
to the outdoors are ventilated through an adjoining room, the unobstructed
opening to the adjoining room shall be not less than eight percent
(8%) of the floor area of the interior room or space, but not less
than twenty-five (25) square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total
floor area being ventilated.
| |
403.2 Bathrooms and toilet rooms.
| |
Every bathroom and toilet room shall comply with the ventilation
requirements for habitable spaces as required by Section 403.1, except
that a window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical ventilation
system from a bathroom or toilet room shall discharge to the outdoors
and shall not be recirculated.
| |
403.3 Cooking facilities.
| |
Unless approved through the certificate of occupancy, cooking
shall not be permitted in any rooming unit or dormitory unit, and
a cooking facility or appliance shall not be permitted to be present
in the rooming unit or dormitory unit.
| |
Exceptions:
| |
1.
|
Where specifically approved in writing by the Code Official.
|
2.
|
Devices such as coffee pots and microwave ovens shall not be
considered cooking appliances.
|
403.4 Process ventilation.
| |
Where injurious, toxic, irritating or noxious fumes, gases,
dusts or mists are generated, a local exhaust ventilation system shall
be provided to remove the contaminating agent at the source. Air shall
be exhausted to the exterior and not be recirculated to any space.
| |
403.5 Clothes dryer exhaust.
| |
Clothes dryer exhaust systems shall be independent of all other
systems and shall be exhausted outside the structure in accordance
with the manufacturer's instructions.
| |
Exception: Listed and labeled condensing
(ductless) clothes dryers.
|
SECTION 404
OCCUPANCY LIMITATIONS
| |
404.1 Privacy.
| |
Dwelling units, hotel units, housekeeping units, rooming units
and dormitory units shall be arranged to provide privacy and be separate
from other adjoining spaces.
| |
404.2 Minimum room widths.
| |
A habitable room, other than a kitchen, shall be not less than
seven (7) feet (2,134 mm) in any plan dimension. Kitchens shall have
a minimum clear passageway of three (3) feet (914 mm) between counter
fronts and appliances or counter fronts and walls.
| |
404.3 Minimum ceiling heights.
| |
Habitable spaces, hallways, corridors, laundry areas, bathrooms,
toilet rooms and habitable basement areas shall have a minimum clear
ceiling height of seven (7) feet (2,134 mm).
| |
Exceptions:
| |
1.
|
In one- and two-family dwellings, beams or girders spaced not
less than four (4) feet (1,219 mm) on center and projecting a maximum
of six (6) inches (152 mm) below the required ceiling height.
|
2.
|
Basement rooms in one- and two-family dwellings occupied exclusively
for laundry, study or recreation purposes, having a minimum ceiling
height of six (6) feet eight (8) inches (2,033 mm) with a minimum
clear height of six (6) feet four (4) inches (1,932 mm) under beams,
girders, ducts and similar obstructions.
|
3.
|
Rooms occupied exclusively for sleeping, study or similar purposes
and having a sloped ceiling over all or part of the room, with a minimum
clear ceiling height of seven (7) feet (2,134 mm) over not less than
one-third (1/3) of the required minimum floor area. In calculating
the floor area of such rooms, only those portions of the floor area
with a minimum clear ceiling height of five (5) feet (1,524 mm) shall
be included.
|
404.4 Bedroom and living room requirements.
| |
Every bedroom and living room shall comply with the requirements
of Sections 404.4.1 through 404.4.5.
| |
404.4.1 Room area.
| |
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.
| |
404.4.2 Access from bedrooms.
| |
Bedrooms shall not constitute the only means of
access to other bedrooms or habitable spaces and shall not serve as
the only means of egress from other habitable spaces.
| |
Exception: Units that contain fewer
than two (2) bedrooms.
| |
404.4.3 Water closet accessibility.
| |
Every bedroom shall have access to not less than
one (1) water closet and one (1) lavatory without passing through
another bedroom. Every bedroom in a dwelling unit shall have access
to not less than one (1) water closet and lavatory located in the
same story as the bedroom or an adjacent story.
| |
404.4.4 Prohibited occupancy.
| |
Kitchens and non-habitable spaces shall not be used
for sleeping purposes.
| |
404.4.5 Other requirements.
| |
Bedrooms shall comply with the applicable provisions
of this code, including, but not limited to, the light, ventilation,
room area, ceiling height and room width requirements of this Chapter;
the plumbing facilities and water-heating facilities requirements
of Chapter 5; the heating facilities and electrical receptacle requirements
of Chapter 6; and the smoke detector and emergency escape requirements
of Chapter 7.
| |
404.5 Overcrowding.
| |
Dwelling units shall not be occupied by more occupants than
permitted by the minimum area requirements of Table 404.5.
|
Table 404.5
Minimum Area Requirements
| |||
---|---|---|---|
Space
|
Minimum Area In Square Feet
| ||
1-2 occupants
|
3-5 occupants
|
6 or more occupants
| |
Living rooma, b
|
120
|
120
|
150
|
Dining rooma, b
|
No requirement
|
80
|
100
|
Bedrooms
|
Shall comply with Section 404
|
For SI: 1 square foot = 0.0929 m2.
| |
a.
|
See Section 404.5.2 for combined living room/dining room spaces.
|
b.
|
See Section 404.5.1 for limitations on determining the minimum
occupancy area for sleeping purposes.
|
404.5.1 Sleeping area.
| |
The minimum occupancy area required by Table 404.5
shall not be included as a sleeping area in determining the minimum
occupancy area for sleeping purposes. Sleeping areas shall comply
with Section 404.4.
| |
404.5.2 Combined spaces.
| |
Combined living room and dining room spaces shall
comply with the requirements of Table 404.5 if the total area is equal
to that required for separate rooms and if the space is located so
as to function as a combination living room/dining room.
| |
404.6 Efficiency unit.
| |
Nothing in this Section shall prohibit an efficiency living
unit from meeting the following requirements:
| |
1.
|
A unit occupied by not more than one (1) occupant shall have
a minimum clear floor area of one hundred twenty (120) square feet
(11.2 m2). A unit occupied by not more
than two (2) occupants shall have a minimum clear floor area of two
hundred twenty (220) square feet (20.4 msp>2). A unit occupied by
three (3) occupants shall have a minimum clear floor area of three
hundred twenty (320) square feet (29.7 m2). These required areas shall be exclusive of the areas required
by Items 2 and 3.
|
2.
|
The unit shall be provided with a kitchen sink, cooking appliance
and refrigeration facilities, each having a minimum clear working
space of thirty (30) inches (762 mm) in front. Light and ventilation
conforming to this code shall be provided.
|
3.
|
The unit shall be provided with a separate bathroom containing
a water closet, lavatory and bathtub or shower.
|
4.
|
The maximum number of occupants shall be three (3).
|
404.7 Food preparation.
| |
All spaces to be occupied for food preparation purposes shall
contain suitable space and equipment to store, prepare and serve foods
in a sanitary manner. There shall be adequate facilities and services
for the sanitary disposal of food wastes and refuse, including facilities
for temporary storage.
|
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
|
SECTION 501
GENERAL
|
501.1 Scope.
|
The provisions of this Chapter shall govern the minimum plumbing
systems, facilities and plumbing fixtures to be provided.
|
501.2 Responsibility.
|
The owner of the structure shall provide and maintain such plumbing
facilities and plumbing fixtures in compliance with these requirements.
A person shall not occupy as owner-occupant or permit another person
to occupy any structure or premises that does not comply with the
requirements of this Chapter.
|
SECTION 502
REQUIRED FACILITIES
|
[P] 502.1 Dwelling units.
|
Every dwelling unit shall contain its own bathtub or shower,
lavatory, water closet and kitchen sink that shall be maintained in
a sanitary, safe working condition. The lavatory shall be placed in
the same room as the water closet or located in close proximity to
the door leading directly into the room in which such water closet
is located. A kitchen sink shall not be used as a substitute for the
required lavatory.
|
[P] 502.2 Rooming houses.
|
Not less than one (1) water closet, lavatory and bathtub or
shower shall be supplied for each four (4) rooming units.
|
[P] 502.3 Hotels.
|
Where private water closets, lavatories and baths are not provided,
one (1) water closet, one (1) lavatory and one (1) bathtub or shower
having access from a public hallway shall be provided for each ten
(10) occupants.
|
[P] 502.4 Employees' facilities.
|
Not less than one (1) water closet, one (1) lavatory and one
(1) drinking facility shall be available to employees.
|
[P] 502.4.1 Drinking facilities.
|
Drinking facilities shall be a drinking fountain,
water cooler, bottled water cooler or disposable cups next to a sink
or water dispenser. Drinking facilities shall not be located in toilet
rooms or bathrooms.
|
[P] 502.5 Public toilet facilities.
|
Public toilet facilities shall be maintained in a safe, sanitary
and working condition in accordance with the International Plumbing
Code. Except for periodic maintenance or cleaning, public access and
use shall be provided to the toilet facilities at all times during
occupancy of the premises.
|
SECTION 503
TOILET ROOMS
|
[P] 503.1 Privacy.
|
Toilet rooms and bathrooms shall provide privacy and shall not
constitute the only passageway to a hall or other space, or to the
exterior. A door and interior locking device shall be provided for
all common or shared bathrooms and toilet rooms in a multiple dwelling.
|
[P] 503.2 Location.
|
Toilet rooms and bathrooms serving hotel units, rooming units
or dormitory units or housekeeping units, shall have access by traversing
not more than one (1) flight of stairs and shall have access from
a common hall or passageway.
|
[P] 503.3 Location of employee toilet facilities.
|
Toilet facilities shall have access from within the employees'
working area. The required toilet facilities shall be located not
more than one (1) story above or below the employees' working
area and the path of travel to such facilities shall not exceed a
distance of five hundred (500) feet (152 m). Employee facilities shall
either be separate facilities or combined employee and public facilities.
|
Exception: Facilities that are required
for employees in storage structures or kiosks, which are located in
adjacent structures under the same ownership, lease or control, shall
not exceed a travel distance of five hundred (500) feet (152 m) from
the employees' regular working area to the facilities.
|
[P] 503.4 Floor surface.
|
In other than dwelling units, every toilet room floor shall
be maintained to be a smooth, hard, non-absorbent surface to permit
such floor to be easily kept in a clean and sanitary condition.
|
SECTION 504
PLUMBING SYSTEMS AND FIXTURES
|
[P] 504.1 General.
|
Plumbing fixtures shall be properly installed and maintained
in working order, and shall be kept free from obstructions, leaks
and defects and be capable of performing the function for which such
plumbing fixtures are designed. Plumbing fixtures shall be maintained
in a safe, sanitary and functional condition.
|
[P] 504.2 Fixture clearances.
|
Plumbing fixtures shall have adequate clearances for usage and
cleaning.
|
[P] 504.3 Plumbing system hazards.
|
Where it is found that a plumbing system in a structure constitutes
a hazard to the occupants or the structure by reason of inadequate
service, inadequate venting, cross connection, back-siphon age, improper
installation, deterioration or damage or for similar reasons, the
Code Official shall require the defects to be corrected to eliminate
the hazard.
|
SECTION 505
WATER SYSTEM
|
505.1 General.
|
Every sink, lavatory, bathtub or shower, drinking fountain,
water closet or other plumbing fixture shall be properly connected
to either a public water system or to an approved private water system.
Kitchen sinks, lavatories, laundry facilities, bathtubs and showers
shall be supplied with hot or tempered and cold running water in accordance
with the International Plumbing Code.
|
[P] 505.2 Contamination.
|
The water supply shall be maintained free from contamination,
and all water inlets for plumbing fixtures shall be located above
the flood-level rim of the fixture. Shampoo basin faucets, janitor
sink faucets and other hose bibs or faucets to which hoses are attached
and left in place, shall be protected by an approved atmospheric-type
vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
|
505.3 Supply.
|
The water supply system shall be installed and maintained to
provide a supply of water to plumbing fixtures, devices and appurtenances
in sufficient volume and at pressures adequate to enable the fixtures
to function properly, safely, and free from defects and leaks.
|
505.4 Water heating facilities.
|
Water heating facilities shall be properly installed, maintained
and capable of providing an adequate amount of water to be drawn at
every required sink, lavatory, bathtub, shower and laundry facility
at a minimum temperature of one hundred ten degrees Fahrenheit (110°
F.) (43° C.). A gas-burning water heater shall not be located
in any bathroom, toilet room, bedroom or other occupied room normally
kept closed, unless adequate combustion air is provided. An approved
combination temperature and pressure-relief valve and relief valve
discharge pipe shall be properly installed and maintained on water
heaters.
|
SECTION 506
SANITARY DRAINAGE SYSTEM
|
[P] 506.1 General.
|
Plumbing fixtures shall be properly connected to either a public
sewer system or to an approved private sewage disposal system.
|
[P] 506.2 Maintenance.
|
Every plumbing stack, vent, waste and sewer line shall function
properly and be kept free from obstructions, leaks and defects.
|
[P] 506.3 Grease interceptors.
|
Grease interceptors and automatic grease removal devices shall
be maintained in accordance with this code and the manufacturer's
installation instructions. Grease interceptors and automatic grease
removal devices shall be regularly serviced and cleaned to prevent
the discharge of oil, grease, and other substances harmful or hazardous
to the building drainage system, the public sewer, the private sewage
disposal system or the sewage treatment plant or processes. Records
of maintenance, cleaning and repairs shall be available for inspection
by the Code Official.
|
SECTION 507
STORM DRAINAGE
|
[P] 507.1 General.
|
Drainage of roofs and paved areas, yards and courts, and other
open areas on the premises shall not be discharged in a manner that
creates a public nuisance.
|
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
|
SECTION 601
GENERAL
|
601.1 Scope.
|
The provisions of this Chapter shall govern the minimum mechanical
and electrical facilities and equipment to be provided.
|
601.2 Responsibility.
|
The owner of the structure shall provide and maintain mechanical
and electrical facilities and equipment in compliance with these requirements.
A person shall not occupy as owner-occupant or permit another person
to occupy any premises that does not comply with the requirements
of this Chapter.
|
SECTION 602
HEATING FACILITIES
| |
602.1 Facilities required.
| |
Heating facilities shall be provided in structures as required
by this Section.
| |
602.2 Residential occupancies.
| |
Dwellings shall be provided with heating facilities capable
of maintaining a room temperature of sixty-eight degrees Fahrenheit
(68° F.) (20° C.) in all habitable rooms, bathrooms and toilet
rooms based on the winter outdoor design temperature for the locality
indicated in Appendix D of the International Plumbing Code. Cooking
appliances shall not be used, nor shall portable unvented fuel-burning
space heaters be used, as a means to provide required heating.
| |
Exception: In areas where the average
monthly temperature is above thirty degrees Fahrenheit (30° F.)
(-1° C.), a minimum temperature of sixty-five degrees Fahrenheit
(65° F.) (18° C.) shall be maintained.
| |
602.3 Heat supply.
| |
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 during the period from October 1st to May 1st to maintain
a minimum temperature of sixty-eight degrees Fahrenheit (68° F.)
(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.) (-1° C.), a minimum temperature
of sixty-five degrees Fahrenheit (65° F.) (18° C.) shall be
maintained.
|
602.4 Occupiable work spaces.
| |
Indoor occupiable work spaces shall be supplied with heat during
the period from October 1st to May 1st, to maintain a minimum temperature
of sixty-five degrees Fahrenheit (65° F.) (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.
|
602.5 Room temperature measurement.
| |
The required room temperatures shall be measured three (3) feet
(914 mm) above the floor near the center of the room and two (2) feet
(610 mm) inward from the center of each exterior wall.
|
SECTION 603
MECHANICAL EQUIPMENT
|
603.1 Mechanical appliances.
|
Mechanical appliances, fireplaces, solid fuel-burning appliances,
cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition, and shall be
capable of performing the intended function.
|
603.2 Removal of combustion products.
|
Fuel-burning equipment and appliances shall be connected to
an approved chimney or vent.
|
Exception: Fuel-burning equipment and
appliances that are labeled for unvented operation.
|
603.3 Clearances.
|
Required clearances to combustible materials shall be maintained.
|
603.4 Safety controls.
|
Safety controls for fuel-burning equipment shall be maintained
in effective operation.
|
603.5 Combustion air.
|
A supply of air for complete combustion of the fuel and for
ventilation of the space containing the fuel-burning equipment shall
be provided for the fuel-burning equipment.
|
603.6 Energy conservation devices.
|
Devices intended to reduce fuel consumption by attachment to
a fuel-burning appliance, to the fuel supply line thereto, or to the
vent outlet or vent piping therefrom, shall not be installed unless
labeled for such purpose and the installation is specifically approved.
|
SECTION 604
ELECTRICAL FACILITIES
| |
604.1 Facilities required.
| |
Every occupied building shall be provided with an electrical
system in compliance with the requirements of this Section and Section
605.
| |
604.2 Service.
| |
The size and usage of appliances and equipment shall serve as
a basis for determining the need for additional facilities in accordance
with NFPA 70. Dwelling units shall be served by a three-wire, 120/240
volt, single-phase electrical service having a minimum rating of sixty
(60) amperes.
| |
604.3 Electrical system hazards.
| |
Where it is found that the electrical system in a structure
constitutes a hazard to the occupants or the structure by reason of
inadequate service, improper fusing, insufficient receptacle and lighting
outlets, improper wiring or installation, deterioration or damage,
or for similar reasons, the Code Official shall require the defects
to be corrected to eliminate the hazard.
| |
604.3.1 Abatement of electrical hazards associated
with water exposure.
| |
The provisions of this Section shall govern the
repair and replacement of electrical systems and equipment that have
been exposed to water.
| |
604.3.1.1 Electrical equipment.
| |
Electrical distribution equipment, motor circuits,
power equipment, transformers, wire, cable, flexible cords, wiring
devices, ground fault circuit interrupters, surge protectors, molded
case circuit breakers, low-voltage fuses, luminaires, ballasts, motors
and electronic control, signaling and communication equipment that
have been exposed to water shall be replaced in accordance with the
provisions of the International Building Code.
| |
Exception: The following equipment
shall be allowed to be repaired where an inspection report from the
equipment manufacturer or approved manufacturer's representative
indicates that the equipment has not sustained damage that requires
replacement:
| |
1.
|
Enclosed switches, rated a maximum of six hundred (600) volts
or less;
|
2.
|
Busway rated a maximum of six hundred (600) volts;
|
3.
|
Panelboards rated a maximum of six hundred (600) volts;
|
4.
|
Switchboards, rated a maximum of six hundred (600) volts;
|
5.
|
Fire pump controllers, rated a maximum of six hundred (600)
volts;
|
6.
|
Manual and magnetic motor controllers;
|
7.
|
Motor control centers;
|
8.
|
Alternating current high-voltage circuit breakers;
|
9.
|
Low-voltage power circuit breakers;
|
10.
|
Protective relays, meters and current transformers;
|
11.
|
Low- and medium-voltage switchgear;
|
12.
|
Liquid-filled transformers;
|
13.
|
Cast-resin transformers;
|
14.
|
Wire or cable that is suitable for wet locations and whose ends
have not been exposed to water;
|
15.
|
Wire or cable, not containing fillers, that is suitable for
wet locations and whose ends have not been exposed to water;
|
16.
|
Luminaires that are listed as submersible;
|
17.
|
Motors;
|
18.
|
Electronic control, signaling and communication equipment.
|
604.3.2 Abatement of electrical hazards associated
with fire exposure.
| |
The provisions of this Section shall govern the
repair and replacement of electrical systems and equipment that have
been exposed to fire.
| |
604.3.2.1 Electrical equipment.
| |
Electrical switches, receptacles and fixtures, including
furnace, water heating, security system and power distribution circuits,
which have been exposed to fire, shall be replaced in accordance with
the provisions of the International Building Code.
| |
Exception: Electrical switches, receptacles
and fixtures that shall be allowed to be repaired where an inspection
report from the equipment manufacturer or approved manufacturer's
representative indicates that the equipment has not sustained damage
that requires replacement.
|
SECTION 605
ELECTRICAL EQUIPMENT
|
605.1 Installation.
|
Electrical equipment, wiring and appliances shall be properly
installed and maintained in a safe and approved manner.
|
605.2 Receptacles.
|
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 bathroom receptacle
outlet shall have ground fault circuit interrupter protection. All
receptacle outlets shall have the appropriate faceplate cover for
the location.
|
605.3 Luminaires.
|
Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room and furnace room shall contain
not less than one (1) electric luminaire. Pool and spa luminaires
over 15 V shall have ground fault circuit interrupter protection.
|
605.4 Wiring.
|
Flexible cords shall not be used for permanent wiring, or for
running through doors, windows, or cabinets, or concealed within walls,
floors, or ceilings.
|
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
|
606.1 General.
|
Elevators, dumbwaiters and escalators shall be maintained in
compliance with ASME A17.1. The most current certificate of inspection
shall be on display at all times within the elevator or attached to
the escalator or dumbwaiter, be available for public inspection in
the office of the building operator or be posted in a publicly conspicuous
location approved by the Code Official. The inspection and tests shall
be performed at not less than the periodic intervals listed in ASME
A17.1, Appendix N, except where otherwise specified by the authority
having jurisdiction.
|
606.2 Elevators.
|
In buildings equipped with passenger elevators, not less than
one (1) elevator shall be maintained in operation at all times when
the building is occupied.
|
Exception: Buildings equipped with
only one (1) elevator shall be permitted to have the elevator temporarily
out of service for testing or servicing.
|
SECTION 607
DUCT SYSTEMS
|
607.1 General.
|
Duct systems shall be maintained free of obstructions and shall
be capable of performing the required function.
|
CHAPTER 7
FIRE SAFETY REQUIREMENTS
|
SECTION 701
GENERAL
|
701.1 Scope.
|
The provisions of this Chapter shall govern the minimum conditions
and standards for fire safety relating to structures and exterior
premises, including fire safety facilities and equipment to be provided.
|
701.2 Responsibility.
|
The owner of the premises shall provide and maintain such fire
safety facilities and equipment in compliance with these requirements.
A person shall not occupy as owner-occupant or permit another person
to occupy any premises that do not comply with the requirements of
this Chapter.
|
SECTION 702
MEANS OF EGRESS
|
[F] 702.1 General.
|
A safe, continuous and unobstructed path of travel shall be
provided from any point in a building or structure to the public way.
Means of egress shall comply with the International Fire Code.
|
[F] 702.2 Aisles.
|
The required width of aisles in accordance with the International
Fire Code shall be unobstructed.
|
[F] 702.3 Locked doors.
|
Means of egress doors shall be readily openable from the side
from which egress is to be made without the need for keys, special
knowledge or effort, except where the door hardware conforms to that
permitted by the International Building Code.
|
[F] 702.4 Emergency escape openings.
|
Required emergency escape openings shall be maintained in accordance
with the code in effect at the time of construction, and the following.
Required emergency escape and rescue openings shall be operational
from the inside of the room without the use of keys or tools. Bars,
grilles, grates or similar devices are permitted to be placed over
emergency escape and rescue openings provided the minimum net clear
opening size complies with the code that was in effect at the time
of construction and such devices shall be releasable or removable
from the inside without the use of a key, tool or force greater than
that which is required for normal operation of the escape and rescue
opening.
|
SECTION 703
FIRE-RESISTANCE RATINGS
|
[F] 703.1 Fire-resistance-rated assemblies.
|
The required fire-resistance rating of fire-resistance-rated
walls, fire stops, shaft enclosures, partitions and floors shall be
maintained.
|
[F] 703.2 Opening protectives.
|
Required opening protectives shall be maintained in an operative
condition. Fire and smokestop doors shall be maintained in operable
condition. Fire doors and smoke barrier doors shall not be blocked
or obstructed or otherwise made inoperable.
|
SECTION 704
FIRE PROTECTION SYSTEMS
| |
[F] 704.1 General.
| |
Systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall
be maintained in an operable condition at all times in accordance
with the International Fire Code.
| |
[F] 704.1.1 Automatic sprinkler systems.
| |
Inspection, testing and maintenance of automatic sprinkler systems
shall be in accordance with NFPA 25.
| |
[F] 704.1.2 Fire department connection.
| |
Where the Fire Department connection is not visible to approaching
fire apparatus, the Fire Department connection shall be indicated
by an approved sign mounted on the street front or on the side of
the building. Such sign shall have the letters "FDC" not less than
six (6) inches (152 mm) high and words in letters not less than two
(2) inches (51 mm) high or an arrow to indicate the location. Such
signs shall be subject to the approval of the Fire Code Official.
| |
[F] 704.2 Single-and multiple-station smoke alarms.
| |
Single-and multiple-station smoke alarms shall be installed
in existing Group I-1 and R occupancies in accordance with Sections
704.2.1 through 704.2.3.
| |
[F] 704.2.1 Where required.
| |
Existing Group I-1 and R occupancies shall be provided with
single-station smoke alarms in accordance with Sections 704.2.1.1
through 704.2.1.4. Interconnection and power sources shall be in accordance
with Sections 704.2.2 and 704.2.3.
| |
Exceptions:
| |
1.
|
Where the code that was in effect at the time of construction
required smoke alarms and smoke alarms complying with those requirements
are already provided.
|
2.
|
Where smoke alarms have been installed in occupancies and dwellings
that were not required to have them at the time of construction, additional
smoke alarms shall not be required provided that the existing smoke
alarms comply with requirements that were in effect at the time of
installation.
|
3.
|
Where smoke detectors connected to a fire alarm system have
been installed as a substitute for smoke alarms.
|
[F] 704.2.1.1 Group R-1.
| |
Single- or multiple-station smoke alarms shall be installed
in all of the following locations in Group R-1:
| |
1.
|
In sleeping areas.
|
2.
|
In every room in the path of the means of egress from the sleeping
area to the door leading from the sleeping unit.
|
3.
|
In each story within the sleeping unit, including basements.
For sleeping units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level provided that the
lower level is less than one (1) full story below the upper level.
|
[F] 704.2.1.2 Groups R-2, R-3, R-4 and I-1.
| |
Single- or multiple-station smoke alarms shall be installed
and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant
load at all of the following locations:
| |
1.
|
On the ceiling or wall outside of each separate sleeping area
in the immediate vicinity of bedrooms.
|
2.
|
In each room used for sleeping purposes.
|
3.
|
In each story within a dwelling unit, including basements but
not including crawl spaces and uninhabitable attics. In dwellings
or dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level provided that the
lower level is less than one (1) full story below the upper level.
|
[F] 704.2.1.3 Installation near cooking appliances.
| |
Smoke alarms shall not be installed in the following locations
unless this would prevent placement of a smoke alarm in a location
required by Section 704.2.1.1 or 704.2.1.2.
| |
1.
|
Ionization smoke alarms shall not be installed less than twenty
(20) feet (6,096 m) horizontally from a permanently installed cooking
appliance.
|
2.
|
Ionization smoke alarms with an alarm-silencing switch shall
not be installed less than ten (10) feet (3,048 mm) horizontally from
a permanently installed cooking appliance.
|
3.
|
Photoelectric smoke alarms shall not be installed less than
six (6) feet (1,829 mm) horizontally from a permanently installed
cooking appliance.
|
[F] 704.2.1.4 Installation near bathrooms.
| |
Smoke alarms shall be installed not less than three (3) feet
(914 mm) horizontally from the door or opening of a bathroom that
contains a bathtub or shower unless this would prevent placement of
a smoke alarm required by Section 704.2.1.1 or 704.2.1.2.
| |
[F] 704.2.2 Interconnection.
| |
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.
|
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 exposing the structure, unless there is an
attic, crawl space or basement available that could provide access
for interconnection without the removal of interior finishes.
|
[F] 704.2.3 Power source.
| |
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 over-current
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.
|
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, unless there is an attic, crawl space or basement
available that could provide access for building wiring without the
removal of interior finishes.
|
[F] 704.2.4 Smoke detection system.
| |
Smoke detectors listed in accordance with UL 268 and provided
as part of the building's fire alarm system shall be an acceptable
alternative to single- and multiple-station smoke alarms and shall
comply with the following:
| |
1.
|
The fire alarm system shall comply with all applicable requirements
in Section 907 of the International Fire Code.
|
2.
|
Activation of a smoke detector in a dwelling or sleeping unit
shall initiate alarm notification in the dwelling or sleeping unit
in accordance with Section 907.5.2 of the International Fire Code.
|
3.
|
Activation of a smoke detector in a dwelling or sleeping unit
shall not activate alarm notification appliances outside of the dwelling
or sleeping unit, provided that a supervisory signal is generated
and monitored in accordance with Section 907.6.5 of the International
Fire Code.
|
CHAPTER 8
REFERENCED STANDARDS
| ||
This Chapter lists the standards that are referenced in various
sections of this document. The standards are listed herein by the
promulgating agency of the standard, the standard identification,
the effective date and title and the section or sections of this document
that reference the standard. The application of the referenced standards
shall be as specified in Section 102.7.
| ||
ASME
|
American Society of Mechanical Engineers
Three Park Avenue
New York, NY 10016-5990
| |
Standard reference number
|
Title
|
Referenced in Code Section number
|
ASME
A17.1/CSA B44
|
2013 Safety Code for Elevators and Escalators
|
606.1
|
ASTM
|
ASTM International
100 Barr Harbor Drive
West Conshohocken, PA 19428-2959
| |
Standard reference number
|
Title
|
Referenced in Code Section number
|
F 1346 — 91 (2010)
|
Performance Specifications for Safety Covers and Labeling Requirements
for All Covers for Swimming Pools, Spas and Hot Tubs
|
303.2
|
ICC
|
International Code Council
500 New Jersey Avenue, NW 6th Floor
Washington, DC 20001
| |
Standard reference number
|
Title
|
Referenced in Code Section number
|
IBC — 15
|
International Building Code®
|
102.3, 201.3, 401.3, 702.3
|
IEBC — 15
|
International Existing Building Code®
|
305.1.1, 306.1.1
|
IFC — 15
|
International Fire Code®
|
201.3,604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2
|
IFGC — 15
|
International Fuel Gas Code®
|
102.3
|
IMC — 15
|
International Mechanical Code®
|
102.3,201.3
|
IPC — 15
|
International Plumbing Code®
|
201.3, 505.1, 602.2, 602.3
|
IRC — 15
|
International Residential Code®
|
201.3
|
IZC — 15
|
International Zoning Code®
|
102.3, 201.3
|
NFPA
|
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02269
| |
Standard reference number
|
Title
|
Referenced in Code Section number
|
25 — 14
|
Standard for the Inspection, Testing and Maintenance of Water-Based
Fire Protection Systems
|
704.1.1
|
70 — 14
|
National Electrical Code
|
102.4, 201.3, 604.2
|
APPENDIX A
BOARDING STANDARD
|
The provisions contained in this appendix are not mandatory
unless specifically referenced in the adopting ordinance.
|
A101
GENERAL
|
A101.1 General.
|
Windows and doors shall be boarded in an approved manner to
prevent entry by unauthorized persons and shall be painted to correspond
to the color of the existing structure.
|
A102
MATERIALS
|
A102.1 Boarding sheet material.
|
Boarding sheet material shall be minimum one-half-inch-thick
(12.7 mm) wood structural panels complying with the International
Building Code.
|
A102.2 Boarding framing material.
|
Boarding framing material shall be minimum nominal two-inch
by four-inch (51 mm by 102 mm) solid sawn lumber complying with the
International Building Code.
|
A102.3 Boarding fasteners.
|
Boarding fasteners shall be minimum three-fourths-inch-diameter
(9.5 mm) carriage bolts of such a length as required to penetrate
the assembly and as required to adequately attach the washers and
nuts. Washers and nuts shall comply with the International Building
Code.
|
A103
INSTALLATION
|
A103.1 Boarding installation.
|
The boarding installation shall be in accordance with Figures
A103.1(1) and A103.1(2) and Sections A103.2 through A103.5.
|
A103.2 Boarding sheet material.
|
The boarding sheet material shall be cut to fit the door or
window opening neatly or shall be cut to provide an equal overlap
at the perimeter of the door or window.
|
A103.3 Windows.
|
The window shall be opened to allow the carriage bolt to pass
through or the window sash shall be removed and stored. The two-inch
by four-inch (51 mm by 102 mm) strong back framing material shall
be cut minimum two (2) inches (51 mm) wider than the window opening
and shall be placed on the inside of the window opening six (6) inches
(152 mm) minimum above the bottom and below the top of the window
opening. The framing and boarding shall be predrilled. The assembly
shall be aligned and the bolts, washers and nuts shall be installed
and secured.
|
A103.4 Door walls.
|
The door opening shall be framed with minimum two-inch by four-inch
(51 mm by 102 mm) framing material secured at the entire perimeter
and vertical members at a maximum of twenty-four (24) inches (610
mm) on center. Blocking shall also be secured at a maximum of forty-eight
(48) inches (1,219 mm) on center vertically. Boarding sheet material
shall be secured with screws and nails alternating every six (6) inches
(152 mm) on center.
|
A103.5 Doors.
|
Doors shall be secured by the same method as for windows or
door openings. One (1) door to the structure shall be available for
authorized entry and shall be secured and locked in an approved manner.
|
A104
REFERENCED STANDARD
| ||
IBC — 12
|
International Building Code
|
A102.1, A102.2, A102.3
|