[Ord. No. 3433 §§1—3, 6-9-2009; Ord. No. 3836 §§1—3, 9-8-2014; Ord. No. 4140, 12-11-2017; Ord. No. 4381, 9-28-2020]
A certain document, one (1) copy of which has been on file for at least ninety (90) days in the office of the City Clerk of the City of Town and Country, being marked and designated as "The International Building Code, 2018 Edition," including the Appendixes thereto, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.015 of this Article, as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Town and Country, in the State of Missouri; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code are hereby referred to, adopted and made a part hereof as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.015 of this Article.
[Ord. No. 3433 §§1—3, 6-9-2009; Ord. No. 3836 §§1—3, 9-8-2014; Ord. No. 4140, 12-11-2017; Ord. No. 4381, 9-28-2020]
Throughout the International Building Code, 2018 Edition, wherever
the terms “name of jurisdiction” or “local jurisdiction”
appear, it shall be deemed to mean “City of Town and Country,
Missouri.” Wherever the term “code” appears, it
shall mean the International Building Code, 2018 Edition.
[Ord. No. 3433 §§1—3, 6-9-2009; Ord. No. 3545 §2, 9-28-2010; Ord.
No. 3836 §§1—3, 9-8-2014; Ord. No. 4140, 12-11-2017; Ord. No. 4381, 9-28-2020; Ord. No. 4421, 2-8-2021]
The International Building Code, 2018 Edition, adopted in Section 500.010 hereof shall be amended as set forth herein:
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CHAPTER 1 SCOPE AND ADMINISTRATION
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101.1 Title (Amended): The Building Code of the
City of Town and Country ("Building Code") shall consist of:
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1. The International Building Code, 2018 Edition, one (1) copy
of which is on file in the office of the City Clerk of the City of
Town and Country.
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2. The amendments to the International Code set forth herein.
The International Building Code, 2018 Edition, is referred to herein
as "this code."
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101.4.3 Plumbing (Amended): All references to the
International Plumbing Code shall be interpreted as references to
the adopted St. Louis County Plumbing Code.
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101.4.8 Electrical (Addition): All references to
the International Electrical Code shall be interpreted as references
to the adopted St. Louis County Electrical Code.
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105.3.3 Integrated permits (Addition): The Code
Official may issue integrated building or mechanical permits on a
single permit application.
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105.5.1 Expiration of demolition permits (Addition):
Demolition work shall be completed within thirty (30) days after the
date of issuance of the demolition permit. The building official may,
after receiving a written request from the applicant, grant one (1)
or more thirty-day extensions to this permit if the applicant presents
evidence of justifiable cause.
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109.1.1 Fees (Addition): The permit fee shall be
based on the estimated value of the proposed installation, including
any prefabricated construction.
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109.2 Schedule of permit fees (Amended): A fee
for each plan examination, building permit or inspection shall be
paid to the City of Town and Country in accordance with the following
schedule:
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1. At the time of filing an application for the above-mentioned
permit, there shall be paid to the Code Official a fee of twenty-five
dollars ($25.00) except permits for the erection of any fence wall
constructed of any material other than masonry, tile or concrete for
which a fee shall be set by the Board of Aldermen. If a permit is
not obtained within sixty (60) days, this fee is forfeited and the
application dismissed.
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2. The fee to be paid for a permit to erect a building, shed,
or other structure in the nature of a building, structure, a retaining
wall, fence wall, except fence walls constructed of any material other
than masonry, tile or concrete, or smoke stack, or for the relocation
of a building or structure from one (1) place to another, shall be
as follows: fifty cents ($0.50) for each one hundred dollars ($100.00)
(or part thereof) of estimated cost up to and including one thousand
dollars ($1,000.00) plus five dollars ($5.00) for each one thousand
dollars ($1,000.00) (or part thereof) of estimated cost over one thousand
dollars ($1,000.00).
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The fee to be paid for a permit to alter shall be at the same
rate as prescribed for the erection of new buildings or structures.
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3. The Code Official shall charge and collect at time of issuance
of permit, in addition to any other fees charged for construction
permits, except permits for the erection of any fence wall constructed
of any material other than masonry, tile or concrete, for which no
inspection fee shall be required, the sum of sixty dollars ($60.00)
for each inspection. There shall be a minimum inspection of:
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3.1 Non-residential buildings or structures which, by their
size or type, would require more inspections: the estimated cost of
construction divided by fifty thousand dollars ($50,000.00).
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3.2 Construction or alterations of swimming pools, as estimated
by the Code Official, but not less than five (5).
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3.3 Alterations or demolition of buildings or structure as estimated
by the Code Official, but not less than two (2).
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The Code Official may require additional inspections if, in
his/her opinion, they are required. The owner shall pay for these
additional inspections at the above rate of sixty dollars ($60.00)
per inspection.
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4. If it should appear to the Code Official during the erection,
alteration or demolition of any building, shed, tower, smokestack,
retaining wall, fence wall, or other structure for which a permit
has been issued that the cost thereof is in excess of the amount stated
in the original application, the Code Official shall have the authority
to reestimate such cost and to require the owner of such structure
to pay an additional fee, where applicable, so that the fee, when
paid in full, shall conform to the entire cost of erecting, altering,
or demolishing of such structure as provided in this code.
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109.3 Building permit valuations (Amended): The
applicant for a permit shall provide an estimated permit value at
time of application. Permit valuations shall include total value of
work, including materials and labor, for which the permit is being
issued. If, in the opinion of the Code Official, the valuation is
underestimated on the application, the permit shall be denied, unless
the applicant can show detailed estimates to meet the approval of
the Code Official. Final building permit valuation shall be according
to ICC valuations for the St. Louis metropolitan area or other comparable
areas.
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SECTION 113 BOARD OF ADJUSTMENT (Amended)
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113.1 General Delete.
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113.2 Limitations on authority Delete.
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113.3 Qualifications Delete.
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113.4 Duties of the Board of Adjustment (Addition):
The Board of Adjustment shall hear all appeals from decisions of the
Code Official made in the administration of the code, as described
in Appendix B of this code.
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113.5 Appeal (Addition): Any owner, occupant, lessee,
mortgagee, agent or any other person having an interest in a "dangerous
building" as shown by the land records of the Recorder of Deeds of
the county wherein the land is located, may, within thirty (30) days
from the receipt of the order of the Board of Adjustment, appeal such
decision to the Circuit Court of the county wherein the land is located,
pursuant to the procedure established in Chapter 636, RSMo.
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114.2.1 Notice of violation process (Addition):
When the Code Official determines that a violation of the code exists,
other than a stop-work order, he/she shall immediately notify the
violator. The notification shall be in writing and shall be delivered
to the violator or his/her legally authorized representative or mailed
to his/her last known address via certified mail, return receipt requested.
Any person having been notified that a violation other than a stop-work
order exists and who fails to abate the violation within ten (10)
days after notification shall be subject to the penalties enumerated
in Section 114.4.
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114.4 Violation penalties (Amended): Any person,
firm or corporation who shall violate any provision of this code or
who shall fail to comply with any of the requirements thereof, or
who shall erect, construct, alter or repair a structure in violation
of an approved plan or directive of the Code Official, or of a permit
or certificate issued under the provisions of this code, or shall
start any work in or about a structure after having been served a
stop-work order, except for such work which that person, firm or corporation
has been directed to perform to remove a violation or unsafe condition,
or any owner or tenant of a building or premises or any other person
who commits, takes part or assists in any violation of this code or
who maintains any building or premises in which such violation shall
exist, shall be guilty of an ordinance violation, punishable by a
fine of not more than on thousand dollars ($1,000.00) or by imprisonment
not exceeding ninety (90) days, or both such fine and imprisonment.
Each day a violation continues shall be deemed a separate offense.
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114.4.1 Civil action (Addition): Notwithstanding
the provisions hereof, the Code Official, with the approval of the
Board of Aldermen, may cause to be instituted in the name of the City,
a civil action for injunction or other appropriate relief to secure
a compliance with the provisions of this code. Injunctive or other
appropriate relief shall not be denied on the grounds that an adequate
remedy at law exists through the imposition or criminal sanctions.
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115.1.1 Mud (Addition): Mud or debris or an excessive
amount of surface water on streets and adjacent properties. After
a verbal warning to the owner or contractor, the building official
shall have the authority to issue a stop-work order to any project
which is causing mud or debris or an excessive amount of surface water
to be transferred to any street or adjacent property.
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CHAPTER 2 DEFINITIONS
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201.5 Explanation of terms (Addition):
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Term or Phrase
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Meaning to Be Ascribed Thereto
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Administrative authority
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Code Official
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Board of Appeals
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Board of Adjustment
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Building Commissioner
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Code Official
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Building official
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Code Official
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Chief appointing authority
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Mayor
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Chief authority of the municipality
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Mayor
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City
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City of Town and Country
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Code Official
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Code Official of the City of Town and Country
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Department of Building Inspection
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Code Official
Fire Official or Fire Marshal
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Legal representative of the City
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City Attorney or the City Prosecuting Attorney
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Mechanical Official
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Code Official
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Sign Laws or Sign Ordinance or Sign Code
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Chapter 420, Sign Regulations, of the Municipal Code of the City of Town and Country
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Zoning Laws or Zoning Ordinance
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Chapter 405, Zoning Regulations, of the Municipal Code of the City of Town and Country
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CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND
OCCUPANCY
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406.3.4 Separation (Amended): Garage separations
shall comply with the following:
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1. The private garage shall be separated from the dwelling unit
completely by means of gypsum board, not less than two (2) layers
of five-eighths-inch Type X gypsum board (15.9 mm), or equivalent,
applied to the garage side from the foundation to the underside of
the topmost roof sheathing of the garage, separating the garage from
the house proper (dwelling unit). Access into the attic above a garage,
from the dwelling unit, shall be tightly sealed with two (2) layers
of five-eighths-inch Type X drywall or equivalent, with the edges
overlapping the opening at least two (2) inches.
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a. Garages shall be separated from all habitable rooms above
by not less than (2) layers of five-eighths-inch (15.9 mm) Type X
gypsum board or equivalent applied to the walls supporting the separation
from habitable rooms above the garage. Separation by this method is
an acceptable alternative to the above.
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b. Door openings between a private garage and the dwelling unit
shall be equipped with either solid wood doors or solid or honeycomb-core
steel doors with a fire-protection rating of not less than ninety
(90) minutes and shall be on a step at least four (4) inches above
the floor of the garage.
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c. Doors heading to exterior openings from the garage that are
within four (4) feet of the main structure shall also be rated at
ninety (90) minutes.
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d. Openings from a private garage directly into a room used
for sleeping purposes shall not be permitted.
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e. Doors shall be self-closing and self-latching.
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2. Ducts in a private garage and ducts penetrating the walls
or ceilings separating the dwelling unit, including its attic area,
from the garage shall be constructed of sheet steel of not less than
0.019 inches (0.48 mm), in thickness, and shall have no openings into
the garage.
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3. A separation is not required between a Group R-3 and U carport,
provided the carport is entirely open on two (2) or more sides and
there are not enclosed areas above.
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4. Openings in exitway access enclosures may be protected with
a water curtain as an approved opening protective device; provided,
however, that adequate automatic smoke venting from the exitway access
is installed. Sprinkler heads are to be placed within eighteen (18)
inches of the wall at a spacing of not more than six (6) feet on center
on the tenant side of the opening.
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CHAPTER 16 STRUCTURAL DESIGN
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1612.3 Establishment of flood hazard areas (Amended):
(Amended only to add name of jurisdiction and date of issuance.):
To establish flood hazard areas, the Governing Body shall adopt a
flood hazard map and supporting data. The flood hazard map shall include,
at a minimum, area of special flood hazard as identified by the Federal
Emergency Management Agency in an engineering report entitled "The
Flood Insurance Study for the City of Town and Country, Missouri,"
dated February 4, 2015, as amended or revised with the accompanying
Flood insurance Rate Map (FIRM) and Flood Boundary and Floodway Map
(FBFM) and related supporting data along with any revisions thereto.
The adopted flood hazard map and supporting data are hereby adopted
by reference and declared to be part of the Section.
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CHAPTER 25 GYPSUM BOARD AND PLASTER
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2506.1.1 Drywall (Addition): Notwithstanding all
other provisions of the code, minimum acceptable drywall thickness
shall be five-eighths (5/8) inches on supporting members spaced not
greater than twenty-four (24) inches on centers.
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1. The walls shall be fabricated in such a manner as to provide
adequate support for the material used to enclose the building and
to provide for transfer of all lateral loads to the foundation in
accordance with Section 1305.4.
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2. In lieu of all other provisions herein, all wood top plates
shall be double wood plates adequately nailed together to act as a
single member.
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3. All wood stud walls shall be the equivalent of not less than
two-inch-by-four-inch nominal studs, sixteen (16) inches on center,
with the exception that non-bearing walls less than four (4) feet
high shall be the equivalent of not less than two-inch-by-three-inch
nominal studs, sixteen (16) inches on center.
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CHAPTER 27 ELECTRICAL
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Delete entire Chapter 27
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CHAPTER 29 PLUMBING SYSTEMS
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Delete entire Chapter 29
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APPENDIX B BOARD OF ADJUSTMENT (Amended)
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SECTION B101 GENERAL
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Delete in its entirety.
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SECTION B102 APPEALS, GENERAL (Addition):
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B102.1 Definition of the term "Code Official" (Addition):
For purposes of this Appendix B, the term "Code Official" shall mean,
when used herein, the Building Official/Building Inspector, and the
Board of Aldermen when it acts as the building authority in issuing
or refusing to issue building permits.
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B102.2 Board of Adjustment jurisdiction (Addition):
The Board of Adjustment of the City of Town and Country shall have
jurisdiction, consistent with the provisions of this Appendix B, to
review any decision or ruling of the Code Official.
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B102.3 Application for appeal (Addition): The owner
of a building or structure or any other person aggrieved by any ruling
or decision of the Code Official made in the administration of the
code may appeal such ruling or decision to the Board of Adjustment
of the City of Town and Country. The application for appeal must be
in writing and contain a statement of the grounds on which it is based.
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B102.4 Procedure (Addition): Except as specifically
provided for in this Appendix B, the provisions of the Zoning Ordinance
of the City of Town and Country relating to the procedure to be followed
by the appellant and the Board of Adjustment in review of decisions
made in the course of administration of the provisions of the Zoning
Ordinance of the City of Town and Country shall apply and govern in
any appeal filed pursuant to this Appendix B.
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B102.5 Decisions and powers of the Board of Adjustment (Addition): The Board of Adjustment, after consideration of the
evidence presented, may vary, modify or reverse the decision or ruling
of the Code Official by a concurring vote of four (4) members, provided
they find that there are practical difficulties and unnecessary hardships
in the way of carrying out the strict letter of the code. In evaluating
such evidence in order to determine whether practical difficulties
and unnecessary hardships exist, the Board of Adjustment shall assure
that the highest quality building standards long established in the
City of Town and Country are preserved and upheld by consideration
of the following factors: (i) safety; (ii) preservation of established
high quality; (iii) low maintenance/high durability; (iv) aesthetics/appearance;
(v) cost/benefit ratio; (vi) administrative feasibility; and (vii)
preservation or enhancement of the value of the subject and surrounding
areas. In modifying or varying any such ruling or decision, the Board
of Adjustment shall have the power and authority to make such order,
requirement, decision or determination as ought to be made and to
that end shall have all the powers and authorities of the Code Official
so that the spirit of the provisions of the code shall be observed,
public safety and welfare secured and substantial justice done. Failure
to secure four (4) concurring votes shall be deemed a confirmation
of the decision of the Code Official.
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B102.6. Court review (Addition): The provisions
of the Zoning Ordinance of the City of Town and Country relating to
appeals from decisions of the Board of Adjustment to the Circuit Court
shall apply to decisions of the Board of Adjustment made pursuant
to this Appendix B.
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APPENDIX J GRADING
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Sections J101 through J111. (Adopted in its entirety.)
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[Ord. No. 3433 §§1—3, 6-9-2009; Ord. No. 3836 §§1—3, 9-8-2014]
Nothing in this Article or in the code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 500.020 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
[Ord. No. 3433 §§1—3, 6-9-2009; Ord. No. 3836 §§1—3, 9-8-2014]
All other ordinances or parts of ordinances in conflict herewith
are hereby repealed.
[Ord. No. 3433 §§1—3, 6-9-2009; Ord. No. 3836 §§1—3, 9-8-2014]
Any person who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect,
construct, alter or repair a building or structure in violation of
an approved plan of or directive of the Code Official, or of a permit
or certificate issued under the provision of this code, shall be guilty
of an ordinance violation, punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment not exceeding ninety
(90) days, or both such fine and imprisonment. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
