City of Peculiar, MO Article III Building Permits [1]

[1] Cross Reference — As to building permits in areas of flood hazards see Ch. 410 of this Code.

Section 500.080 Building Permit Required; Exceptions.

[Ord. No. 10192015 §III, 10-19-2015[1]]

A. Required Permits; Permit Conditions.

1. Generally; emergency work; conditions of permit.

a. It shall be unlawful to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, repair, remove, convert or replace any electrical, gas mechanical or plumbing system, the installation of which is regulated by this Chapter, or to cause any such work to be done, without making application to the Building Official and obtaining the required permit; provided that the repairs, as defined in Section 500.0020(B), which do not involve any violation of this Chapter, and work as specified in Subsection (B) of this Section, shall be exempted from this provision.

b. Emergency work. In cases of emergency, the person or other entity doing work or causing work to be done may proceed with the work and file application for a permit within seventy-two (72) hours after commencement of emergency work. Emergency shall be considered to exist only in those situations wherein life, health and safety would be adversely affected if work were not commenced immediately, and the burden shall be upon the person claiming such emergency to exist to prove the existence of such emergency by clear and convincing evidence.

c. Insurance. Construction industry contractor permit holders shall keep in force insurance, issued by a company approved by the City Clerk's office, meeting the conditions set forth in Section 605.030(B) of the City Municipal Code.

d. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this Article and other ordinances to utilize public property for the permit work of any building, structure, or utility shall at all times assume full responsibility for such work and shall hold harmless and indemnify the City and the Building Official from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the permitted work.

e. Commencement and completion of work. See Section 500.095 in this Chapter pertaining to expiration and completion of granted permits.

2. Temporary structures and uses.

a. The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days. The Building Official is authorized to grant extensions for demonstrated cause.

b. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the code as necessary to ensure the public health, safety and general welfare.

c. Permits for temporary electrical service installations not to exceed ninety (90) days duration may be granted for fairs, carnivals, exhibitions, exterior lighting for decorative display and similar purposes. Permits for temporary electrical service installations not to exceed one hundred eighty (180) days duration may be granted for construction jobs. The time limit shall be subject to renewal, if requested in writing and if the Building Official determines that the temporary permit is not being used to evade the requirements of permanent electrical service installation, will not adversely affect the public safety, or is justified because of circumstances not within the control of the permit holder.

d. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

3. Special nighttime building permits.

a. Notwithstanding any other provision of this Chapter or of any other provision of the City Code, no construction work, including excavation, demolition, hauling, dumping or filling, may be performed between the hours of 8:00 P.M. and 7:00 A.M. within five hundred (500) feet of an occupied residential structure located in an area zoned residential unless the Building Official issues a special building permit authorizing the work. The following types of construction work are exempted from the requirement of obtaining a special nighttime building permit:

(1) Emergency work authorized pursuant to Subsection (A)(1) of this Section.

(2) Construction work being completely conducted inside a closed-in structure whenever such construction work does not involve the use of jackhammers, air compressors or other heavy equipment or continuing truck operations.

(3) Roofing during the months of June through September, both inclusive.

(4) Framing activities for conventional, wood-framed residential structures during the months of June through September, both inclusive.

b. The Building Official shall address in each special building permit issued authorizing nighttime work the following items:

(1) Traffic routes to be used by construction equipment and trucks;

(2) Means of lighting the construction site or place of operation;

(3) Whether the noise level shall be a provision of the permit;

(4) The type of work to be done and the nature of the project; and

(5) Density of the residential area potentially affected by the nighttime work.

c. The Director of Public Works is authorized to assist the Building Official in establishing criteria for the issuance of a special building permit authorizing nighttime work.

B. Exempted Work. A permit shall not be required for the types of work in each of the separate classes of permit as listed in this Subsection. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the City Municipal Code or any other laws or ordinances of the City.

[Ord. No. 04062020, 4-6-2020]

1. Building permits. A building permit shall not be required for the following:

a. Open arbors or pergolas.

b. Retaining walls which are not over four (4) feet (1,219 mm) in height measured from grade on the low side of the wall, unless supporting a surcharge or impounding Class I, II, IIIA liquids.

c. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2:1.

d. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

e. Temporary motion picture, television and theater stage sets and scenery.

f. Non-fixed and movable cases, counters and partitions not over five (5) feet and nine (9) inches (1,753 mm) in height.

g. Patios not more than thirty (30) inches (762 mm) above grade at any point and platforms and decks not more than thirty (30) inches (762 mm) above grade at any point, not attached to the primary structure and/or not over any basement or story below.

h. Window awnings supported by an exterior wall of a Group "R-3" and Group U occupancies when projecting not more than fifty-four (54) inches (1,372 mm).

i. Sidewalks and driveways not more than thirty (30) inches (762 mm) above grade, not over any basement or story below and not part of an accessible rights-of-way route. Permits are required for all sidewalk and driveway installations and replacements in the right-of-way.

j. Prefabricated swimming pools accessory to a Group "R-3" occupancy, detached single-family dwellings, where the inside pool walls are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (18,927 L) and are installed entirely above grade.

k. Replacement of exterior wall covering for detached one- and two-family dwellings.

l. Replacement of doors and windows in existing openings where fire resistance, smoke control and opening protection are not required by Article II.

m. Repairs of holes in plaster or gypsum board walls.

n. Installation or replacement of wall or floor mounted cabinets (kitchen, bath, etc.).

o. Installation or replacement of exterior gutters and downspouts.

p. Tuck-pointing brick and/or stone masonry.

q. Replacement of soffits and wall or roof sheathing less than thirty-two (32) square feet (2.97m²) in area in detached one- and two-family dwellings.

r. Replacement of interior or exterior trim carpentry.

s. Walks, patios and driveways constructed on existing grade outside public rights-of-way.

t. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

u. Swings and other playground equipment accessory to one- and two-family dwellings.

v. Any grading or excavation of any land less than two thousand (2,000) square feet complying with Chapter 425 of the City of Peculiar Municipal Code.

2. Mechanical permits. A mechanical permit shall not be required for the following:

a. Any portable heating appliance.

b. Any portable ventilating equipment.

c. Any portable cooling unit.

d. Any portable evaporative cooler.

e. Replacement of a component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Chapter.

f. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this Chapter.

g. Replacement of grills and diffusers on existing mechanical ductwork.

h. Any self-contained refrigeration system that contains ten (10) pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of one (1) horsepower (0.75 kW) or less.

3. Plumbing permits. A plumbing permit shall not be required for the following:

a. Repairs or replacement of defective fixtures or valves provided alterations or extensions of piping systems are not made.

b. Clearance of stoppages.

c. Replacement and repair of lavatory and sink traps.

4. Electrical permits. An electrical permit shall not be required for the following:

a. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

b. The installation, alteration or repair of electrical equipment of a power or public service company for its use in the generation, transmission, distribution or metering of electricity.

c. Replacement of snap switches, receptacles and fixtures where no alteration or extension of an existing circuit is required.

5. Sign permits. Sign permits shall be required except as exempted in Chapter 400, Section 400.1800(A) of the City of Peculiar Municipal Code.

[1] Editor's Note: Former Article II, Building Permits, containing Sections 500.080 through 500.100, derived from Ord. No. 23 §§II - III, 10-3-1960 and Ord. No. 258 §1(IV), 4-17-1978, was repealed 10-19-2015 by §III of Ord. No. 10192015. Article II was also redesignated as Article III by Ord. No. 10192015.

Section 500.085 Application For Permit; Responsibilities of Permittee.

[Ord. No. 10192015 §III, 10-19-2015]

A. Application For Permit. To obtain a permit required by this Chapter, the applicant shall first file an application, in writing, on a form furnished by the Building Official for that purpose. Every such application shall:

[Ord. No. 10052020A, 10-5-2020]

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done, by legal description, street address or similar description as recorded by the Cass County Recorder's office that will readily identify and definitely locate the proposed building or work.

3. Indicate the use or occupancy for which the proposed work is intended.

4. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

5. Be signed by the property owner or the property owner's authorized agent, who may be required to submit evidence to indicate such authority.

6. Be accompanied by construction documents and other information as required in Section 500.090.

7. A letter of project approval from the Home Owners Association (HOA) when the property falls under the jurisdiction of an active HOA.

8. Give such other data and information as may be required by the Building Official.

B. The permit holder shall be responsible for the following conditions and restrictions:

1. To provide minimum safety measures and equipment to protect the public as prescribed by this Chapter.

2. To observe any other City ordinances prescribing measures for the safety of the public.

3. To observe and comply with any other City ordinances or regulations.

4. To provide and use adequate sanitary facilities on construction sites for worker use. Portable, sanitary facilities shall not be located in the public rights-of-way or closer than five (5) feet from a side or rear property line. Sanitary facilities shall be screened and/or located in a location that is the least visible to adjacent properties.

5. To provide adequate construction solid waste containers on construction sites. Dumpsters, garbage cans, waste containers and other similar types of containers shall be used to contain solid waste. Liquid waste and hazardous materials shall be contained and disposed of at a proper waste depository.

6. To faithfully construct without departure from or disregard of drawings and specifications, when such drawings and specifications have been filed with and reviewed for code compliance by the Building Official and a permit has been granted for such construction.

7. To obtain inspections required by this Chapter.

8. To pay any fee assessed under the authority of this Chapter.

9. To obey any order issued under the authority of this Chapter.

10. To maintain satisfactory levels of competence, integrity, workmanship, and recognized practices.

11. For construction industry contractors, to maintain a valid occupational business license(s) in the appropriate classification(s), company name, and ownership, per the requirements of Chapter 605 of the Municipal Code.

12. For construction industry contractors, to maintain an active fictitious name registration with the State of Missouri, from the Office of the Secretary of State, under the business name in which the permittee is obtaining permits when conducting business under a name other than the licensee's given name.

Section 500.090 Construction Documents.

[Ord. No. 10192015 §III, 10-19-2015]

A. Submittal Documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in two (2) or more sets with each application for a permit. When such construction documents are not prepared by a registered design professional, the Building Official may require any applicant submitting such documents to demonstrate that State law does not require them to be prepared by a registered design professional. The Building Official may require plans, computations and specifications to be prepared and designed by a registered design professional licensed by the State to practice as such, even if not required by State law. The Building Official may waive the submission of plans, calculations, diagrams or other data, if he finds that the nature of the work applied for is such that reviewing the documents is not necessary to obtain compliance with this Chapter.

B. Information On Construction Documents.

1. Generally. Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and relevant laws, ordinances, rules and regulations, as determined by the Building Official.

2. Identification. The first substantive sheet of construction documents shall list the address and legal description of the project and the name, addresses, telephone number, and other pertinent contact information of the owner and the preparer of the plans.

3. Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distance from lot lines, the established street grades, the existing grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plat. The Building Official is permitted to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

4. Engineering data. One (1) set of adequate details of structural, mechanical, electrical and fire protection work involving computation, stress diagrams and other essential technical data shall accompany submitted construction documents. Construction documents for buildings of other than "R-3" or Group U occupancies shall indicate how required structural and fire resistive integrity will be maintained where penetrations are made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.

5. Design certification. Submitted construction documents for each applicable discipline shall be certified, in writing, as being prepared in conformance with this Chapter. Such certification shall include the name, signature, State registration number and telephone number for each designer on the project.

6. Regulatory floodplain data. Permit application for buildings or structures within any area designated as a regulatory floodplain in the official floodplain document shall comply with Chapter 410 of the City of Peculiar Municipal Code.

7. Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups "R-2," "R-3," and "I-1," the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

8. Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Chapter. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water resistive membrane and details around openings.

9. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

C. Previous Approvals. This Chapter shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within one hundred eighty (180) days after the effective date of this Chapter and has not been abandoned.

D. Design Professional In Responsible Charge. When it is required that documents be prepared by a registered design professional, the Building Official shall require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, and when approved by the Building Official, the owner shall be permitted to designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified, in writing, by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

1. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

2. Where structural observation is required by Section 1710 of the International Building Code, the inspection program shall name the individual or firm who is to perform structural observation and describe the stages of construction at which the observation is to occur. The individual or firm shall comply with the duties specified in Section 1704 of the International Building Code.

E. Deferred Submittals. For the purposes of this Section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period.

1. Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.

2. Submittal documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official.

F. Amended Construction Documents. Work shall be installed in accordance with the reviewed construction documents, and changes which are not in substantial compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents prior to construction.

G. Retention Of Construction Documents. One (1) set of construction documents shall be returned to the applicant and shall be kept on site of the building or work at all times during which the work authorized thereby is in progress. One set of construction documents shall be retained by the Building Official until after final inspection when it is concluded that the work complies with the provisions of this Chapter, and archived per State Statutes for retention of records.

Section 500.095 Issuance of Permits; Expiration of Permits and Applications; Suspension or Revocation of Permits.

[Ord. No. 10192015 §III, 10-19-2015]

A. Generally.

1. Application examined. The Building Official shall examine or cause to be examined the application and accompanying construction documents filed by an applicant for a permit under this Chapter. Such construction documents may be reviewed by other departments of the City to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the construction documents filed therewith conform to the requirements of this Chapter and other pertinent laws and ordinances, and that the fees specified in the fee schedule have been paid, a permit shall be issued to the applicant.

2. Time limitation of application. An application for a permit for any proposed work shall expire by limitation and be deemed to have been abandoned ninety (90) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one (1) or more extensions of time for additional periods not exceeding thirty (30) days each. The extensions shall be requested in writing and justifiable cause demonstrated. Plans and other data submitted for review, but deemed to have been abandoned, may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee in accordance with the fee schedule in Section 500.0095.

3. Stamped documents. When the Building Official issues a permit where construction documents are required, he/she shall endorse in writing or stamp the construction documents "Reviewed for Code Compliance." Such stamped construction documents shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this Chapter shall be done in accordance with the endorsed/stamped construction documents.

4. Phased review for code compliance. The Building Official may issue a permit for the construction of part of a building, structure, or building service equipment before all of the construction documents for the entire building, structure or building service equipment have been submitted or reviewed for code compliance, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Chapter. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building, structure or building service will be granted.

B. Validity Of Permit.

1. The issuance of a permit or the stamping of construction documents with "Reviewed for Code Compliance" shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Chapter or of any other ordinance. No permit presuming to give authority to violate or cancel the provisions of this Chapter or other ordinances shall be valid.

2. The issuance of a permit based upon reviewed construction documents shall not prevent the Building Official from thereafter requiring the correction of errors in the construction documents, or from preventing building operations from being carried on there under when in violation of this Chapter or of any other ordinances or laws. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this Chapter or of any other ordinance of the City.

C. Expiration Of Permits.

1. Generally. Every permit issued by the Building Official under the provisions of this Chapter shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. For one- and two-family dwelling construction, in addition to the above, a permit shall become null and void when the granted permit date exceeds one (1) year. Before any work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be a new full permit fee.

A permit may be extended by the Building Official for a period not to exceed six (6) months upon written request from the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

2. Sign permit. A sign erection permit shall authorize erection or relocation of the sign or sign structure for a period of six (6) months. If the work authorized under a permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void.

3. Demolition work. The work authorized by a demolition permit shall be continuous until the work is completed. For the purpose of this Article, the term "continuous" shall mean the normal rate of progress in keeping with good demolition practices. If the work is suspended for more than seven (7) calendar days after the work is commenced, the job shall be deemed abandoned and the permit shall expire. The Building Official may allow the work to be suspended longer than seven (7) calendar days should it be found that weather or other conditions beyond the control of the permit holder exist. The time for demolition of a one- and two-family dwelling shall not exceed forty-five (45) days from the date the demolition work commences.

D. Suspension Or Revocation.

1. Generally. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provisions of this Chapter, or other pertinent laws or ordinances within the City Code. The Building Official may also suspend or revoke any permit issued upon failure of the holder thereof to comply with any of the provisions of this Chapter or requirements of the permit.

2. Traffic control obstruction. The Building Official may revoke a permit for the erection of any sign or other structure which, by reason of its position, shape or color, may obstruct or interfere with the view of or be confused with any authorized traffic sign, signal or device.

3. Hearings. The holder of a permit may request a hearing before the Board of Adjustment as established in Section 500.0055, to consider the suspension or revocation of a permit.

E. Placement Of Permit. The building permit card or copy shall be posted on site until completion of the project.

Section 500.100 Schedule of Fees.

[Ord. No. 10192015 §III, 10-19-2015]

Permits regulated by this Chapter shall be accompanied by the fee amount approved by the Board of Aldermen and listed in the comprehensive fee schedule maintained in the City Clerk's office. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fees, if any, have been paid. The payment of the fee for construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.