[Ord. No. 2013-30 §1, 7-23-2013]
The International Existing 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 Existing Building Code of the City of Eldon, with the additions, insertions, deletions and changes contained in Section
500.050.
[Ord. No. 2013-30 §1, 7-23-2013; Ord. No. 10-2022, 3-8-2022; Ord. No. 57-2022, 9-27-2022]
The additions, insertions, deletions and changes in the International
Existing Building Code as adopted above shall be as set out below:
Delete Section 101.1 and insert in its place:
101.1: Title: These regulations shall be known
as the "Existing Building Code of Eldon, Missouri,"
hereinafter referred to as "this code."
Add Section 101.8:
101.8: This Article or 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 liability by reason
of the inspection authorized therein or certificate of approval issued
herein.
Delete Sections 103.2 and 103.3 and insert in their place:
103.2: 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 all the provisions of the Existing Building Code.
103.3: Duties of the Codes Enforcement Officer: It shall be the duty of the Codes Enforcement Officer to enforce
the provisions of the Existing 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 Article or the code
adopted herein. 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: Permits will only be issued
to licensed 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 the date of approved final inspection
of work covered by the permit. The owner shall purchase all materials
and perform all labor to complete the work covered by the permit.
All work performed under this permit will comply with all Sections
of this Article or 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 other related enterprises
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
that acceptable condition for a period of one (1) year thereafter.
A business license shall be obtained from the City Collector for a
fee of one hundred seventy-five dollars ($175.00). This license is
renewable annually and shall be renewed one (1) calendar year from
the date of issuance. Persons licensed as a 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 shall within the City of Eldon, Missouri, 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 a permit or knowingly
allow non-licensed persons to do work in violation of this Article
or the code adopted herein.
Delete Section 108.2 and insert in its place:
108.2: Fee Schedule: Permit fees shall be assessed as outlined in Section
500.030 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 any work on a building, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an additional fee of twenty-five dollars ($25.00) in addition to the required permit fees. See Section
500.030 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 or 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 Article or the code adopted herein.
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 Enforcement Officer to arrange for each required inspection. The permit holder shall allow twenty-four (24) hours for the code enforcement personnel to conduct the 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. See Section
500.030 of the City Code of the City of Eldon.
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 or 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
select 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 a decision of the
Codes Enforcement Officer or authorized agent or representative refusing
to grant a modification of the Existing Building Code governing the
installations or materials to be used. Applications for an appeal
shall be in writing and submitted to the Codes Enforcement Officer
or an authorized representative, when it is claimed that:
1. The true intent of the Existing Building Code or rules adopted
thereunder have been incorrectly interpreted.
2. The provisions of the Existing 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 an 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. That procedure shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be heard.
112.1.6: Postponed Hearings: 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.
112.3: Resolution: The decision of the Board
shall be 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 Sections 114.2 and 114.3 and insert in their place:
114.2: Stop-Work Orders: Upon notice from the
Codes Enforcement Officer, work being done 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 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 1201.2 and insert in its place:
1201.2: Applicability: Structures existing
prior to January 1, 1976, in which there is work involving additions,
alterations, or changes in occupancy shall conform to the requirements
of this Article or the code adopted herein or the provisions of Chapters
4 through 10. The provisions of Sections 1201.2.1 through 1201.2.5
shall apply to existing occupancies that will continue to be, or are
proposed to be, in Groups A, B, E, F, M, R, and S. These provisions
shall not apply to buildings with occupancies in Group H or Group
I.
Any person who shall violate a provision of this Article or
the code adopted herein or who shall fail to comply with any requirements
thereof or who erects, constructs, alters or repairs a building or
structure or changes the occupancy of 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.