[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:
CHAPTER 1 SCOPE AND ADMINISTRATION
101.1 Title (Amended): The Building Code of the City of Town and Country ("Building Code") shall consist of:
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.
2. The amendments to the International Code set forth herein. The International Building Code, 2018 Edition, is referred to herein as "this code."
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.
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.
105.3.3 Integrated permits (Addition): The Code Official may issue integrated building or mechanical permits on a single permit application.
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.
109.1.1 Fees (Addition): The permit fee shall be based on the estimated value of the proposed installation, including any prefabricated construction.
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:
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.
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).
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.
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:
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).
3.2 Construction or alterations of swimming pools, as estimated by the Code Official, but not less than five (5).
3.3 Alterations or demolition of buildings or structure as estimated by the Code Official, but not less than two (2).
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.
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.
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.
SECTION 113 BOARD OF ADJUSTMENT (Amended)
113.1 General Delete.
113.2 Limitations on authority Delete.
113.3 Qualifications Delete.
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.
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.
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.
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.
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.
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.
CHAPTER 2 DEFINITIONS
201.5 Explanation of terms (Addition):
Term or Phrase
Meaning to Be Ascribed Thereto
Administrative authority
Code Official
Board of Appeals
Board of Adjustment
Building Commissioner
Code Official
Building official
Code Official
Chief appointing authority
Mayor
Chief authority of the municipality
Mayor
City
City of Town and Country
Code Official
Code Official of the City of Town and Country
Department of Building Inspection
Code Official
Fire Official or Fire Marshal
Legal representative of the City
City Attorney or the City Prosecuting Attorney
Mechanical Official
Code Official
Sign Laws or Sign Ordinance or Sign Code
Chapter 420, Sign Regulations, of the Municipal Code of the City of Town and Country
Zoning Laws or Zoning Ordinance
Chapter 405, Zoning Regulations, of the Municipal Code of the City of Town and Country
CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
406.3.4 Separation (Amended): Garage separations shall comply with the following:
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.
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.
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.
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.
d. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.
e. Doors shall be self-closing and self-latching.
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.
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.
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.
CHAPTER 16 STRUCTURAL DESIGN
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.
CHAPTER 25 GYPSUM BOARD AND PLASTER
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.
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.
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.
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.
CHAPTER 27 ELECTRICAL
Delete entire Chapter 27
CHAPTER 29 PLUMBING SYSTEMS
Delete entire Chapter 29
APPENDIX B BOARD OF ADJUSTMENT (Amended)
SECTION B101 GENERAL
Delete in its entirety.
SECTION B102 APPEALS, GENERAL (Addition):
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.
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.
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.
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.
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.
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.
APPENDIX J GRADING
Sections J101 through J111. (Adopted in its entirety.)
[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]
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.