The International Fuel Gas Code/2003 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 Fuel Gas Code of the City of Eldon, with the additions, insertions, deletions and changes contained in Section
500.130.
[Ord. No. 57-2022, 9-27-2022]
The additions, insertions, deletions and changes in the International
Fuel Gas Code as adopted above shall be as set out below:
Delete 101.1 and insert in its place:
101.1: Title: These regulations shall be known
as the Fuel Gas Code of Eldon, Missouri, hereinafter
referred to as "this code".
Add Section 101.6:
101.6: This Article or the code adopted herein
shall not be constructed to relieve the responsibility or liability
of any persons owning, operating, controlling or installing any fuel
gas system or any part of a fuel gas system or damage caused by any
defect herein, 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
herein or certificate of approval issued as herein provided.
Add Section 103.5:
103.5: 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 Fuel Gas Code. The Codes Enforcement Officer
shall possess a working knowledge of the fuel gas systems, but shall
not be actively engaged in the fuel gas business, nor associated with
the operation of any person, firm or corporation engaged in the fuel
gas business.
Delete Section 104.4 and insert in its place:
104.4: Duties of the Codes Enforcement Officer: It shall be the duty of the Codes Enforcement Officer to enforce
the provisions of the Fuel Gas 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.
Delete Section 104.8
Add Section 106.3.2:
106.3.2: Permits: Fuel gas permits shall only
be issued to licensed contractors and approved qualified homeowners.
Add Section 106.3.3:
106.3.3: Homeowner Permits: A permit may be
issued to a qualified person to do work in a single-family dwelling
used exclusively for their living purposes, 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. Owner shall purchase all materials
and perform all labor to complete the fuel gas installation. All work
performed under this permit will comply with all Sections of this
Article or the code adopted herein.
Add Section 106.3.4:
106.3.4: Contractor License: Any person, firm
or corporation engaged in the installation of fuel gas systems, subcontractor,
maintenance or repairs requiring a permit within the City of Eldon
shall maintain a two thousand dollar ($2,000.00) surety bond. 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 fuel gas business and that all street
and right-of-way shall be restored to 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 fuel gas contractor shall immediately notify the Codes Enforcement
Officer, in writing, of any change 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 fuel gas systems as
outlined in this Article or the code adopted herein, 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 106.3.5:
106.3.5: Assignment of Contractor Licenses: No person licensed as a fuel gas 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.
Add Section 106.3.6:
106.3.6: 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 apprized 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 will 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.
Delete Section 106.5.1 and insert in its place:
106.5.1: Work Commencing Before Permit Issuance: Any person who commences work on an installation before obtaining the necessary permits shall be subject to a twenty-five dollar ($25.00) fee in addition to the required permit fees. See Section
500.030 of the City Code of the City of Eldon.
Delete Section 106.5.2 and insert in its place:
106.5.2: Fee Schedule: Permit fees shall be assessed as outlined in Section
500.030 of the City Code of the City of Eldon.
Delete Section 106.5.3 and insert in its place:
106.5.3: 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.
Add Section 107.1.3:
107.1.3: 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 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 twenty-five dollars ($25.00) per inspection. See Section
500.030 of the City Code of the City of Eldon.
Delete Section 108.5 and insert in its place:
108.5: Stop Work Orders: Upon notice of the
Codes Enforcement Officer that work is being done contrary to the
provisions of this code or in a dangerous or unsafe manner, such work
shall immediately cease. Such notice shall be in writing and shall
be given to the owner of the property, the owner's agent, or 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
on the system 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 for a fine of not less than fifty
dollars ($50.00) or more than five hundred dollars ($500.00).
Delete 109.2 through 109.6.2 and insert in their place:
109.2: 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.
109.2.2: 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.
109.2.4: Disqualification of Member: A member
shall not hear an appeal in which that member has a personal, professional
or financial interest.
109.3: 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 fuel gas permit, or the owner/agent
of a building or structure wherein a fuel gas system is to be installed.
Such grievance shall be an appeal of a decision of the Codes Enforcement
Officer or authorized agent or representative. Refusing to grant a
modification of the Fuel Gas 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 Fuel Gas Code or rules adopted thereunder
have been incorrectly interpreted.
2. The provisions of the Fuel Gas Code do not fully apply.
109.4: 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.
109.4.1: 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.
109.5: 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.
109.6: 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.
109.6.1: 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.
Appendix A shall be adopted in its entirety.
Appendix B shall be adopted in its entirety.
Appendix C 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, installs or repairs or
does any work 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.