[1]
Editor's Note: Ord. no. 2034 § 1, adopted May 4, 2006, repealed sections 5-21 — 5-25 or article II building code and enacted new provisions set out herein. Former sections 5-21 — 5-25 derived from ord. no. 1201, § 2 — 3, 5, 3-3-1983; ord. no. 1406 § 1, 2-2-1989; ord. no. 1483 § 1, 2-21-1991; ord. no. 1613, § 1, 7-7-1994; ord. no. 1766 § 1, 2-19-1998; ord. no. 1897 § 1, 10-18-2001.
Cross references — Electrical code, § 8-31 et seq.; plumbing code, § 20-1.
[Ord. No. 2034 § 1, 5-4-2006; Ord. No. 2162 § 1, 2-3-2011]
(a) 
That a certain document, a copy of which is on file in the office of the city clerk of the city of Bellefontaine Neighbors, Missouri, being marked and designated as "The International Building Code, 2009 Edition" as published by the International Code Council, including Appendix C — Group U — Agricultural Buildings and Appendix H — Signs, as adopted, amended and modified by St. Louis County, Missouri, pursuant to Ordinance No. 24,444, adopted July 21, 2010, and as further supplemented, amended and revised as provided in this Article, is hereby adopted as the Building Code of the City of Bellefontaine Neighbors for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, conditions and terms of said Building Code are hereby referred to, adopted and made a part hereof as if fully set out in here in full.
(b) 
That a certain document, a copy of which is on file in the office of the city clerk of the city of Bellefontaine Neighbors, Missouri, being marked and designated as "The International Residential Code for One- and Two-Family Dwellings, 2009 Edition" as published by the International Code Council, including Appendix A — Sizing and Capacity of Gas Piping; Appendix B — Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use and Type "B" Vents; Appendix C — Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix G — Swimming Pools, Spas and Hot Tubs, and Appendix K — Sound Transmission, as adopted, amended and modified by St. Louis County, Missouri, pursuant to Ordinance No. 24,427, adopted July 13, 2010, and as further supplemented, amended and revised as provided in this Article, is hereby adopted as the Residential Code for One- and Two-Family Dwellings of the City of Bellefontaine Neighbors for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, conditions and terms of said code are hereby referred to, adopted and made a part hereof as if fully set out in here in full.
(c) 
That a certain document, a copy of which is on file in the office of the city clerk of the city of Bellefontaine Neighbors, Missouri, being marked and designated as "The International Existing Building Code, 2009 Edition" as published by the International Code Council, including Appendix A — Guidelines for Seismic Retrofit of Existing Buildings (GSREB) as adopted, amended and modified by St. Louis County, Missouri, pursuant to Ordinance No. 24,444, adopted July 21, 2010, and as further supplemented, amended and revised as provided in this Article, is hereby adopted as the Existing Building Code of the City of Bellefontaine Neighbors for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, conditions and terms of said Existing Building Code are hereby referred to, adopted and made a part hereof as if fully set out in here in full.
[Ord. No. 2034 § 1, 5-4-2006; Ord. No. 2162 § 1, 2-3-2011]
The codes adopted by the preceding section are hereby amended, revised and supplemented as follows:
1. 
County Code Section 1115.030 General Administrative Definitions. Throughout the Code, whenever the term "jurisdiction" appears, it shall be deemed to mean "The City of Bellefontaine Neighbors, Missouri". The term "Department of Building Safety" shall be deemed to mean "Bellefontaine Neighbors Building Department". Whenever the terms "code official" or "building official" appear, they shall be deemed to mean the "Bellefontaine Neighbors Building Official". The terms "code" or "this code" shall mean the codes adopted by the preceding Section.
2. 
County Code Section 1115.100 Amendments to the 2009 edition of the International Building Code — Chapter 1, Administration. The following provisions of the County Code are revised:
a. 
Section 112, and all subparts thereof, are deleted and a new Section 112 is enacted in lieu thereof, to read as follows:
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, the members and alternates of the Bellefontaine Neighbors Board of Adjustment shall serve as members and alternates of the Board of Appeals for this code. All appeals shall be filed in writing with the code official not later than thirty (30) days after the code official's decision at issue, and shall be accompanied by a filing fee as for matters before the Board of Adjustment. A majority vote of three (3) members of the Board shall be required to overturn a decision being reviewed. Board procedures shall not require compliance with strict rules of evidence, but only relevant information shall be received. Any person aggrieved by a decision of the Board of Appeals may apply to the Circuit Court of St. Louis County for review of the Board's decision as a contested case pursuant to Chapter 536, RSMo., by filing a petition for administrative review within fifteen (15) days of the Board's decision.
b. 
Section 113.4 Penalties is deleted and a new Section 113.4 Penalty is enacted in lieu thereof, to read as follows:
113.4 Violation, Penalties, Enforcement. Penalties for violation shall be as specified elsewhere in this Article of the Bellefontaine Neighbors Code of Ordinances.
3. 
County Code Section 1115.200 Amendments to the 2009 Edition of the International Building Code — Chapter 2, Definitions. The following provisions of the County Code are revised:
Section 202 Definitions. The following definitions are substituted:
BOARD OF APPEALS
Members and alternates of the Bellefontaine Neighbors Board of Adjustment.
CODE OFFICIAL
The Building Official of the City.
ZONING ORDINANCE
The Zoning Ordinances of the City of Bellefontaine Neighbors.
4. 
County Code Section 1116.030 General Administrative Definitions. Throughout the Code, whenever the term "jurisdiction" appears, it shall be deemed to mean "The City of Bellefontaine Neighbors, Missouri". The term "Department of Building Safety" shall be deemed to mean "Bellefontaine Neighbors Building Department". Whenever the terms "code official" or "building official" appear, they shall be deemed to mean the "Bellefontaine Neighbors Building Official". The terms "code" or "this code" shall mean the codes adopted by the preceding Section.
5. 
County Code Section 1116.100 Amendments to the 2009 edition of the International Residential Code for One- and Two-Family Dwellings — Chapter 2, Definitions. The following provisions of the County Code are revised:
Section 202 Definitions. The following definitions are substituted:
BOARD OF APPEALS
Members and alternates of the Bellefontaine Neighbors Board of Adjustment.
CODE OFFICIAL
The Building Official of the City.
ZONING ORDINANCE
The Zoning Ordinances of the City of Bellefontaine Neighbors.
6. 
County Code Section 1117.030 General Administrative Definitions. Throughout the Code, whenever the term "jurisdiction" appears, it shall be deemed to mean "The City of Bellefontaine Neighbors, Missouri". The term "Department of Building Safety" shall be deemed to mean "Bellefontaine Neighbors Building Department". Whenever the terms "code official" or "building official" appear, they shall be deemed to mean the "Bellefontaine Neighbors Building Official". The terms "code" or "this code" shall mean the codes adopted by the preceding Section.
7. 
County Code Section 1117.200A Amendments to the 2009 edition of the International Existing Building Code — Chapter 2, Definitions. The following provisions of the County Code are revised:
Section 202 Definitions. The following definitions are substituted:
BOARD OF APPEALS
Members and alternates of the Bellefontaine Neighbors Board of Adjustment.
CODE OFFICIAL
The Building Official of the City.
ZONING ORDINANCE
The Zoning Ordinances of the City of Bellefontaine Neighbors.
[Ord. No. 2034 § 1, 5-4-2006; Ord. No. 2162 § 1, 2-3-2011]
(a) 
Any new construction or major structural renovation begun after January 1, 1991, all buildings for which leases are executed by political subdivisions of this state after January 1, 1994, and all buildings for which leases are executed by the state or any institution of higher education after January 1, 1994, shall comply with the standards for seismic design and construction of the building officials and code administrators code or of the uniform building code.
(b) 
This section shall not apply to any building owned by the state, any institution of higher education, or any political subdivision upon which construction was begun or finished before February 21, 1991, any private structure with less than ten thousand (10,000) square feet in total area, and any single-family or duplex residence.
(c) 
As used in this section, the term "major structural renovation" means any reconstruction, rehabilitation, addition or other improvement of an existing structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the major structural renovation.
[Ord. No. 2034 § 1, 5-4-2006; Ord. No. 2162 § 1, 2-3-2011]
The codes adopted under this Article are subject to and to be interpreted and applied in conformity with the provisions of: Chapter 29, the Zoning Code of the City of Bellefontaine Neighbors as amended; article III of chapter 15 of this Code regarding advertising and commercial signs; chapter 6 of this Code regarding civil defense and disasters; chapter 8 of this Code regarding electricity; chapter 10 of this Code regarding fire prevention and protection; chapter 20 of this Code regarding plumbing; chapter 22 of this Code regarding sewers and sewage disposal; chapter 24 of this Code regarding subdivisions; chapter 25 of this Code regarding swimming pools; and all other provisions of this chapter. The code adopted under this article is not intended to, nor shall such adoption have the effect of, repeal specific standards or requirements delineated in the other ordinances and/or Code provisions listed herein.
[Ord. No. 2034 § 1, 5-4-2006; Ord. No. 2162 § 1, 2-3-2011]
(a) 
The city engineer, with the approval of the board of aldermen, is hereby authorized to contract with other jurisdictions to provide appropriate building code enforcement and, further, to issue and collect fees for applicable permits and inspections issued or made pursuant to such contracts.
(b) 
Contracts shall be approved by the city engineer and shall be approved as to legal form by the city attorney. No contract shall be entered into until both jurisdictions desiring to contract with each other shall first have duly adopted appropriate legislation authorizing said contract (a certified copy to be attached to and made a part of the contract) and duly adopted a building code identical in substance to this code.
(c) 
All plans reviewed pursuant to any such contract shall be reviewed and approved by the city and the applicable fire district for compliance with the zoning and other local regulatory ordinances or provisions prior to the submission for processing.
[Ord. No. 2034 § 1, 5-4-2006; Ord. No. 2162 § 1, 2-3-2011]
(a) 
Persons who shall violate any provision of the Codes adopted by this Article, fail to comply with any of the requirements thereof, or erect, install, alter or repair work in violation of the approved construction documents or direction of the code official, or of a permit or certificate issued under the provisions of the Codes adopted by this Article, shall be guilty of an ordinance violation, punishable as provided in Section 1-10 of this Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(b) 
In addition to any other penalties established for violations of the code adopted under this article, the official of the city responsible for enforcement of provision may, after approval by the board of aldermen, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with the provisions of this Code of Ordinances and any other ordinances adopted by the city. In such action, the court may grant such legal or equitable relief including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant.