[Ord. No. 2013-53 §1, 10-8-2013]
The International Building Code/2012 published by the International Code Council, Inc., three (3) copies of which are on file in the office of the City Clerk, is hereby adopted and incorporated herein by reference as the Building Code of the City of Eldon, with the additions, insertions, deletions and changes contained in Section 500.020.
[Ord. No. 2013-53 §1, 10-8-2013; Ord. No. 57-2022, 9-27-2022]
The additions, insertions, deletions and changes in the International
Building Code 2012 as adopted above shall be as set out below:
Delete Section 101.1 and insert in its place:
Section 101.1: Title: These regulations shall
be known as the "Building Code of the City of Eldon,
Missouri," hereinafter referred to as "this code."
Add Section 101.5:
101.5: This Article and the code adopted herein shall not be
constructed to relieve the responsibility or liability of any persons
owning, operating, or controlling any construction company or damage
caused by defect therein, nor shall the City of Eldon or any of its
inspectors, agents or employees, including its Codes Enforcement Officer,
be held as assuming any such liability by reason of the inspection
authorized therein or certificate of approval issued as herein provided.
Add Section 103.4:
103.4: Qualifications of the Codes Enforcement Officer: The Codes Enforcement Officer shall be over twenty-one (21) years
of age, be of good moral character, and be physically able to carry
out the provisions of the Building Code. The Codes Enforcement Officer
shall possess a working knowledge of building construction, but shall
not be actively engaged in the construction business, nor associated
with the operation of any person, firm or corporation engaged in the
construction business.
Add Section 104.2.1:
104.2.1: Duties of the Codes Enforcement Officer: It shall be the duty of the Codes Enforcement Officer to enforce
the provisions of the Building Code and to make all inspections required
thereunder, and to cause the issuance of all permits, collect all
fees and keep all records required under this Chapter. All fees are
to be credited to the General Revenue. The Codes Enforcement Officer
shall also perform all tasks and services delegated by other ordinances
or supervisory personnel.
Add Section 105.1.3:
105.1.3: Permits: Building permits shall only
be issued to licensed building contractors and approved qualified
homeowners.
Add Section 105.1.4:
105.1.4: Homeowner Permits: A permit may be
issued to a qualified person to do work in a single-family dwelling
used exclusively for their living purpose, including the usual accessory
building and quarters in connection with such buildings, provided
that the person is the bona fide owner and shall occupy said dwelling
for one (1) calendar year after date of approved final inspection
of work covered by the permit. The owner shall purchase all materials
and perform all labor to complete the building construction. All work
performed under this permit will comply with all Sections of this
Article and the code adopted herein.
Add Section 105.1.5:
105.1.5: Contractor License: Any person, firm
or corporation engaged in the business of building construction, subcontractor,
and other related enterprises within the City of Eldon shall maintain
a two-thousand-dollar ($2,000.00) surety bond. "Related enterprises"
includes persons, firms, and corporations engaged in the following:
1. Guttering
2. Insulation
3. Drywall
4. Siding
5. Roofing
6. Remodeling
7. Windows
8. Foundations
This list is illustrative and is not exclusive. Said bond shall
indemnify and keep harmless the City of Eldon from all liability from
any accidents or damages arising from negligence or unskillfulness
in doing or protecting work or any unfaithful or inadequate work done
in pursuance of the construction business and that all streets and
rights-of-way shall be restored to a condition acceptable to the City
of Eldon Codes Department and shall maintain the acceptable condition
for a period of one (1) year thereafter. A business license shall
be obtained from the City Collector for a fee of thirty-five dollars
($35.00). This license is renewable annually and shall be renewed
one (1) calendar year from the date of issuance. Persons licensed
as a building contractor shall immediately notify the Codes Enforcement
Officer, in writing, of any changes of name, address, phone number,
or location of their business. No person, firm, or corporation within
the City of Eldon, Missouri, shall operate as a contractor, general
contractor, or subcontractor in the business of building construction
until the above license is purchased and every person, firm, or corporation
who shall violate the provisions of this Section shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00).
Add Section 105.1.6:
105.1.6: Assignment of Contractor Licenses: No person licensed as a building contractor shall allow this license
to be used by others for the purpose of obtaining building permits
or knowingly allow non-licensed persons to do work in violation of
this Article or the code adopted herein.
Add Section 105.1.7:
105.1.7: Licenses, Suspension or Revocation: The Board may suspend or revoke the license of any contractor when
charges are preferred against them by the Codes Enforcement Officer,
and the Board finds the person charged is incompetent or willingly
violated the provisions of this Article or the code adopted herein.
Prior to Board action, the person charged shall be given at least
ten (10) days' notice of the time and place of a formal hearing on
said charges and the person charged shall be apprised of the charges.
The person charged shall have the opportunity to appear in person
or with an attorney and shall have the burden of showing cause why
the license should not be suspended or revoked. The Board shall render
its decision within five (5) days. The decision shall be final; no
appeal shall be allowed. The Board may drop the charges, suspend the
license for a period deemed proper or permanently revoke the charged
person's license. A person whose license has been revoked by the Board
shall not be permitted to reapply for a license for a period of one
(1) year.
Add Section 108.2.1:
108.2.1: Permit Fees: Permit fees shall be assessed as outlined in Section 500.026 of the City Code of the City of Eldon.
Delete Section 108.4 and insert in its place:
108.4: Work Commencing Before Permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit(s) shall be subject to penalties as stated in Section 500.025 City of Eldon Code, in addition to the required permit fees. See Section 500.026 of the City Code of the City of Eldon.
Delete Section 108.6 and insert in its place:
108.6: Fee Refunds: The Codes Enforcement Officer
shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously
paid and collected.
2. Not more than eighty percent (80%) of the permit fee paid
when no work has been done under a permit issued in accordance with
this code.
3. Not more than eighty percent (80%) of the plan review fee
paid when an application for a permit for which a plan review has
been paid is withdrawn or canceled before any plan review effort has
been expended.
The Codes Enforcement Officer shall not authorize the refunding
of any fee paid, except under written application filed by the original
permittee not later than one hundred eighty (180) days after the date
of fee payment.
Delete Section 109.5 and insert in its place:
109.5: Inspection Requests: It shall be the
duty of the permit holder or the person performing the work to contact
the Codes Department to arrange for each required inspection. The
permit holder shall allow twenty-four (24) hours for the code enforcement
personnel to conduct required inspections during the City's normal
working hours. It shall be the duty of the permit holder to provide
access to and means for any inspections of such work that are required
by this code. Any inspection requests outside of normal business hours
will be assessed a fee of seventy-five dollars ($75.00) per inspection.
Delete Sections 112.1 through 112.3 and insert in their place:
112.1: Board of Appeals, Appointment: The Board
of Appeals will be appointed by the Board of Aldermen and consist
of five (5) members. Two (2) alternate members shall also be appointed
who shall be called by the Board Chairperson to hear appeals in the
absence of disqualification of a member. Whenever reference is made
to the "Board" in this Article, reference is made to the Board of
Appeals.
112.1.1: Members: The Board shall annually
elect one (1) of its members to serve as Chairperson. The Chief Administrative
Officer shall designate a qualified clerk 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.
112.1.2: Disqualification of Member: A member
shall not hear an appeal in which that member has a personal, professional
or financial interest.
112.1.3: Notice of Meetings: The Board shall
meet upon notice of the Chairperson within ten (10) days of the filing
of an appeal, or at stated periodic meetings. The Board shall act
on grievances by an applicant for a building permit, or the owner/agent
of a building or structure wherein building construction is to be
performed. Such grievances shall be an appeal of the decision of the
Codes Enforcement Officer or authorized agent or representative refusing
to grant a modification of the Building Code governing the installations
or materials to be used. Applications for an appeal will be submitted
to the Codes Enforcement Officer or an authorized representative,
when it is claimed that:
1. The true intent of the Building Code or rules adopted thereunder
have been incorrectly interpreted.
2. The provisions of the Building Code do not fully apply.
112.1.4: Open Hearings: All hearings before
the Board shall be open to the public. The appellant, the appellant's
representative, the Codes Enforcement Officer and any person whose
interests are affected shall be given the opportunity to be heard.
112.1.5: 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 simple majority of those voting
shall constitute a qualified decision.
112.1.6: Postponed Hearing: When five (5) members
are 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.
112.1.7: Board Decision: The Board shall modify
or reverse the decision of the Codes Enforcement Officer by a concurring
vote of three (3) members. In the event the voting members of the
Board are evenly divided, the decision of the Codes Enforcement Officer
shall be affirmed. The Codes Enforcement Officer shall not vote.
112.1.8: Resolution: The decision of the Board
shall be made by resolution. Certified copies shall be furnished to
the appellant and to the Codes Enforcement Officer. The Codes Enforcement
Officer shall take immediate action in accordance with the decision
of the Board.
Delete Section 114.3 and insert in its place:
114.3: Unlawful Continuance: Upon notice from
the Codes Enforcement Officer, any person who erects, constructs,
alters or repairs a building or structure contrary to the provisions
of this code or in a dangerous or unsafe manner shall immediately
cease. Such notice shall be in writing and shall be given to the owner
of the property, or to the owner's agent, or to the person doing the
work. The notice shall state the conditions under which work is authorized
to resume. Where an emergency exists, the Codes Enforcement Officer
shall not be required to give a written notice prior to stopping the
work. Any person who shall continue any work in or about the structure
after having been served with a stop-work order, except such work
as that person is directed to perform to remove the violation or unsafe
condition, shall be liable to a fine of not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00).
Delete Section 1612.3 and insert in its place:
1612.3: Establishment of Flood Hazard Areas: The City of Eldon, Missouri, shall identify flood hazard areas as outlined by the Federal Emergency Management Agency on the Flood Insurance Rate Map (FIRM) community panel number 290227 0005 C, revised June 18, 1987, and outlined in Chapter 410: Floodplain Management of the City Code of the City of Eldon.
Delete Section 3410.2 and insert in its place:
3410.2: Applicability: Structures existing
prior to January 1, 1976, in which there is work involving additions,
alterations or changes of occupancy shall be made to conform to the
requirements of this section or the provisions of Sections 3403 through
3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply
to existing occupancies that will continue to be, or are proposed
to be, in Groups A, B, E, F, M, R, S and U. These provisions shall
not apply to buildings with occupancies in Group H or I.
Adoption Appendix J:
Appendix J: Grading: Shall be adopted in its
entirety.
Any person who shall violate a provision of this Article or
the code adopted herein or shall fail to comply with any requirements
thereof or who erects, constructs, alters or repairs a building or
structure in violation of the approved construction documents or directive
of the Codes Enforcement Officer, or of a permit or certificate issued
under the provisions of this Article or the code adopted herein, shall
be guilty of a misdemeanor, punishable by a fine of not more than
five hundred dollars ($500.00) or by imprisonment for a period not
exceeding ninety (90) days, or by both fine and imprisonment. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
