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Editor's Note — Ord. no. 4052 §1, adopted July 25, 2012, repealed sections 500.010 — 500.060 of article I. building code and enacted new provisions set out herein. Former sections 500.010 — 500.060 derived from R.O. 2009 §§7-16 — 7-21; ord. no. 1402 §§1 — 3, 7-28-1976; ord. no. 1746 §§1 — 3, 9-28-1983; ord. no. 1773 §§1 — 3, 1-11-1984; ord. no. 1905 §2, 1-8-1986; ord. no. 1979 §§2 — 3, 3-25-1987; ord. no. 2123, §§1 — 3, 4-25-1990; ord. no. 2176 §1, 5-8-1991; ord. no. 2241 §1, 11-13-1991; ord. no. 2248 §1, 12-11-1991; ord. no. 2261 §1, 3-2-1992; ord. no. 2284 §1, 4-22-1992; ord. no. 2394 §§1 — 3, 9-8-1993; ord. no. 2705 §§1 — 3, 3-26-1997; ord. no. 3030 §I, 2-28-2001; ord. no. 3277 §I, 6-11-2003; ord. no. 3296 §I, 7-9-2003; ord. no. 3606 §I, 12-14-2005; ord. no. 3683 §§I — II, 12-27-2006; ord. no. 3686 §I, 1-10-2007; Ord. No. 4029 §1, 3-14-2012.
[Ord. No. 4052 §1, 7-25-2012]
A. 
It is hereby found and determined that adoption of nationally recognized standard codes is necessary for the promotion of the public health, safety and welfare of Festus, Missouri. Accordingly, the following technical codes, one (1) copy of which is on file in the office of the City Clerk, are adopted and incorporated in this Article by reference as if fully set forth, except as they may be amended by other provisions of this Chapter:
1. 
International Building Code 2009.
2. 
Residential Building Code 2009.
3. 
International Fire Code 2009.
4. 
International Fuel Gas Code 2009.
5. 
International Mechanical Code 2009.
6. 
International Plumbing Code 2009.
7. 
National Electric Code 2008.
8. 
International Property Maintenance Code 2009.
[Ord. No. 4052 §1, 7-25-2012]
These regulations shall be known as the City of Festus codes and will be referred to herein as the "Building Code".
[Ord. No. 4052 §1, 7-25-2012]
The purpose of this Article is to provide for the administration and enforcement of the technical codes adopted in Section 500.010.
[Ord. No. 4052 §1, 7-25-2012]
This Chapter shall be in full force and effect from and after the date of its passage by the City Council and approval by the Mayor. All ordinances in conflict herewith are hereby repealed. Appendix A is attached hereto and made a part hereof.
[Ord. No. 4052 §1, 7-25-2012]
Any person who shall violate any provision of the codes adopted in this Article 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 any code adopted in this Article, shall be guilty of an ordinance violation punishable by a fine of not more than five hundred dollars ($500.00) 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.
[R.O. 2009 7-23; Ord. No. 2187 §1, 6-12-1991]
To change the section of the current ICC Building Code, Plumbing Code, Mechanical Code, Fire Code and Property Maintenance Code on the qualifications of the board of appeals to read as follows:
ES-111.2.1 Membership: One member shall be a licensed professional engineer or architect, or a builder or a superintendent of building construction, with at least ten (10) years' experience, for five (5) years of which that board member shall have been in responsible charge of work; the remaining four (4) members shall be citizens of the City of Festus, Missouri.
Each member shall have been a resident of the jurisdiction for at least one year prior to appointment. The Mayor may appoint for a term of one (1) year an alternate member of such board in addition to the five members above provided for, who shall act with full power only when a member of the board refuses to vote because of interest or when a member is absent. The Mayor shall appoint one member of the department who shall act as secretary to the board.
[R.O. 2009 §7-24; Code 1975 §230.070; Ord. No. 4173 §I, 7-9-2014]
A. 
Masonry Walls Required Within Fire Limits.
1. 
Every building hereafter erected or enlarged within the fire limits as set out in Article I, Section 500.090, shall, except as provided for in the following Section, be enclosed on all sides with walls constructed wholly of brick, stone, hollow tile, hollow or solid concrete block, concrete, or other equivalent incombustible materials; and shall meet current adopted ICC Building Code requirements.
2. 
Buildings with wooden framework clad with sheet metal or stucco or veneered with brick or its equivalent shall be classed as frame.
B. 
Permissible Wooden And Metal Structures Within Fire Limits. No frame, wooden or metal structure shall hereafter be built within the fire limits as given herein, or as they may be hereafter established, except the following:
1. 
Temporary one-story building for use of builders.
2. 
Wooden fences not over seven (7) feet high.
3. 
Porches, balconies and canopies not constructed of non-combustible materials shall not exceed ten (10) feet in width or length, nor extend more than three (3) feet above the second-story floor beams. No such structure shall be joined to any similar structure of another building, or be placed closer than six (6) feet to the primary structure.
4. 
Bay windows when covered with incombustible or fire-retardant materials.
5. 
Small detached frame outbuildings not exceeding one hundred fifty (150) square feet in area and eight (8) feet in height and not within five (5) feet of any lot line.
6. 
One-story, all-metal buildings with no wood in wall or roof structure, with an area not exceeding one thousand (1,000) square feet and not within ten (10) feet of any lot line.
C. 
Repairing Frame Buildings Within Fire Limits. Any existing frame building within the fire limits not in conformity with this Article, which may hereafter be damaged by fire, decay or otherwise to an amount greater than one-half (1/2) of its value, exclusive of foundation, shall not be repaired or rebuilt, but shall be removed.
D. 
Fire Limits Defined. The following shall be and are hereby declared to be the fire limits of the City:
Beginning at the intersection of Brierton Lane (formerly known as Glass Street) and Main Street; thence north along the centerline of Brierton Lane to an alley between Main Street and North Second Street; thence westerly along the center of such alley between Main Street and North Second Street to Church Street; thence northwardly along the centerline of Church Street approximately sixty feet; thence in a westerly direction along the north end of parking lot approximately one hundred and seventy feet to centerline of North Adams Street; thence in a northerly direction to the intersection of North Adams Street and North Second Street; thence in a westerly direction along North Second Street to intersection of North Second Street and Hauge Street; thence in a southerly direction along the centerline of Hauge Street to alley between Main Street and North Second Street; thence in a westerly direction along the centerline of alley to the intersection of alley and Palliet Street; thence in a northerly direction along the centerline of Palliet Street to the intersection of Palliet Street and North Second Street; thence in a westerly direction along the centerline of North Second Street; to the intersection of North Mill Street and North Second Street; thence in a southerly direction along the centerline of Mill Street to the intersection of South Mill Street and South Second Street; thence easterly along the centerline of South Second Street to the intersection of South Second Street and Brierton Lane; thence northerly along the centerline of Brierton Lane ending at the intersection of Main Street and Brierton Lane.
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Cross Reference — As to fire protection, ch. 203.