State Law Reference — Authority to regulate and control construction of buildings §77.500, RSMo.
A.
Pursuant to Missouri Revised Statutes, Title VI. County, Township and Political Subdivision Government, Chapter 67 Political Subdivisions, Miscellaneous Powers, Section 67.280, Communities may incorporate by reference certain technical codes — penalty provisions, requirements — definitions. (Section 67.280, RSMo.) and Missouri Revised Statutes, Title VII. Cities, Towns and Villages, Chapter 77 Cities of the Third Classification, Section 77.500, May also regulate and control the construction of buildings. (Section 77.500, RSMo.), the Technical Codes of the City shall consist of the following, which are incorporated by reference and made a part hereof as though fully set out herein, and are hereby adopted:
1.
The 2021 Editions of the family of I-Codes published by the International Code Council, including associated Appendices, as delineated below and as now or hereafter amended:
a.
International Building Code (IBC), including Appendices B, E, and K;
b.
International Residential Code (IRC); including Appendices AE, AH, and AV;
c.
International Plumbing Code (IPC), including Appendices E and F;
d.
International Mechanical. Code (IMC), including Appendix C;
e.
International Fire Code, including Appendices A, E, and J;
f.
International Energy Conservation Code (IECC), including Appendices CA, CB, RA, and RB;
g.
International Fuel Gas Code (IFGC), including Appendices A and E;
h.
International Property Maintenance Code (IPMC), including Appendices A and B;
i.
International Swimming Pool and Spa Code (ISPSC); and
j.
International Private Sewage Disposal Code (IPSDC).
2.
The 2020 Edition of the National Electrical Code, published by the National Fire Protection Association, as now or hereafter amended.
3.
All standards that are referenced or a part of these technical codes, as determined by the Building Commissioner to be applicable to the City, shall automatically be considered to be part of the adopted technical codes.
B.
City Clerk To Maintain Copies. The City Clerk is hereby authorized and directed to maintain on file in at least one (1) department of the City, one (1) copy each of the Technical Codes listed in Section 500.010(A) as herein adopted (collectively, the "City Technical Codes").
[1]
Editor's Note: Ord. No. 14.541 repealed and reorganized Title V. Former Chapter 500, Buildings And Building Regulations, containing Sections 500.010 through 500.150; Former Chapter 503, Electricity, containing Sections 503.010 through 503.590; Chapters 505, Plumbing, containing Sections 505.010 through 505.830; Former Chapter 510, International Mechanical Code, containing Sections 510.010 through 510.030; Former Chapter 512, containing Sections 512.010 through 512.030, were all repealed. Building Code regulations can now be found in this Chapter 500.
[Ord. No. 14.558 (Bill No. 2831),7-21-2022]
A.
Unless the context requires otherwise, any reference to "jurisdiction," "Department of Building Safety," "Department of Mechanical Inspection, "Department of Inspection," or "Department of Property Maintenance Inspection" shall refer to the "City of Arnold."
B.
Unless the context requires otherwise, any reference to "Building Official" or "Code Official" shall refer to the "Building Commissioner or designee."
C.
Unless the context requires otherwise, any reference to "International Existing Building Code" shall refer to the "International Building Code."
D.
Unless the context requires otherwise, any reference to "International Zoning Code" shall refer to "Arnold Municipal Code, Title IV, Land Use."
E.
Unless the context requires otherwise, wherever the phrase "jurisdiction to insert appropriate schedule" appears in reference to fees, it shall mean "such fee schedule approved by City Council by resolution and maintained by the Building Commissioner."
F.
Unless the context requires otherwise, any reference to "Violation Penalties" in the adopted Technical Codes shall read to mean "that any person who violates a provision of this code or fails to comply with any of the requirements thereof 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."
G.
Where any State Statutes conflicts with a provision of the adopted Technical Codes, the adopted Technical Codes shall control, unless explicitly preempted by State Statute.
H.
All construction in the City shall comply with the requirements of Sections 319.200 through 319.207, RSMo., and any amendments thereto, relating to earthquakes and seismic construction requirements.
I.
All construction in the City shall comply with the requirements of Section 67.281, RSMo., and any amendments thereto, relating to automatic fire sprinkler systems.
J.
Any provisions of the City of Arnold Zoning Ordinance related to pre-existing chain link fence height requirements that are in conflict with the provisions of the International Swimming Pool and Spa Code are superseded by the provisions of the Technical Code and/or are hereby deleted.
K.
City Contractor License, Required. No contractor shall engage in any work requiring a building permit without the entity performing the work first having obtained a license therefor from the Building Commissioner and paying the designated fee approved by City Council via resolution and maintained by the Building Commissioner. The license shall be in lieu of an otherwise required business license pursuant to Chapter 605 of this Code and shall be for the annual license year.
[Ord. No. 7.50, 12-1-2022 (Bill No. 2843)]
L.
Qualifications Of Contractors And Workers. The Building Commissioner shall not be required to issue a contractor license or issue a building permit unless the contractor and their workers are qualified to carry out the proposed work in accordance with the requirements of this code, as determined by the Building Commissioner. The Building Commissioner may suspend or revoke a contractor license for the same. Refusal or inability to comply with code requirements on other work shall be considered as evidence of lack of such qualifications.
[Ord. No. 7.50, 12-1-2022 (Bill No. 2843)]
M.
Appeal Of The Building Commissioner's Determination Of A Contractor Or Their Workers Being Unqualified. A contractor may appeal the Building Commissioner's determination of a contractor or their workers not being qualified solely on grounds that Building Commissioner's action was arbitrary and capricious and was conducted maliciously and in bad faith. The affected contractor shall be granted a hearing before the City Administrator after submission of a written request for appeal, any documentary information to be considered, and established appeal fees. The affected party shall be given at least fifteen (15) days' written notice of the hearing. The City Administrator shall not be bound by the formal rules of evidence and shall conduct the hearing in a fair and impartial manner, giving the parties full opportunity for presentation of evidence, cross-examination of witnesses and argument. If the City Administrator finds that the Building Commissioner determination was not arbitrary and capricious and not conducted maliciously or in bad faith, he or she shall issue an endorsement validating the Building Commissioner's determination. If the City Administrator finds that evidence does not support the aforementioned finding, he or she shall direct the Building Commissioner, if the contractor's license has been suspended or revoked, to reinstate the same, and to resume the building permit review process as proscribed in the adopted technical codes. The finding of the City Administrator in no way invalidates or alters any requirement of the adopted technical codes, as determined by the Building Commissioner. Any enforcement action taken by the City per the provisions of this Chapter shall be in addition to any other penalties prescribed in the Arnold Code of Ordinances. Any party aggrieved by an order of the City Administrator hereunder may appeal said order to the Circuit Court as provided under Chapter 536, RSMo.
[Ord. No. 7.50, 12-1-2022 (Bill No. 2843)]
[Ord. No. 14.558 (Bill No. 2831),7-21-2022]
A.
International Building Code. The International Building Code is hereby amended as follows:
1.
Section: 105.2 Work Exempt From Permit; Building, is amended by the deletion and replacement of the following:
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2.
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"Fences not over two (2) feet (609.6 mm) in height."
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4.
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"Water tanks supported directly on grade if the capacity is not greater than five hundred (500) gallons (1,892 L) and the ratio of height to diameter or width is not greater than 2:1."
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B.
International Residential Code. The International Residential Code is hereby amended as follows:
1.
Section R105.2 Work Exempt From Permit; Building, is amended by the deletion and replacement of the following:
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2.
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"Fences not over two (2) feet (609.6 mm) in height."
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4.
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"Water tanks supported directly on grade if the capacity is not greater than five hundred (500) gallons (1,892 L) and the ratio of height to diameter or width is not greater than 2:1."
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C.
International Property Maintenance Code. The International Property Maintenance Code is hereby amended as follows:
1.
Section 302.4 shall have eight (8) inches inserted as the jurisdiction requirement.
2.
In Section 304.14 Insect Screens, from April 15th to October 15th shall be inserted.
3.
In Section 602.3 Heat Supply, from September 15th to May 15th shall be inserted.
4.
In Section 602.4 Occupiable Work Spaces, from September 15th to May 15th shall be inserted.
5.
Other Changes:
[Ord. No. 7.51, 1-5-2023 (Bill No. 2846)]
a.
Revise Chapter 1, Scope and Administration, to add new Section as follows:
Section 114 Permit To Occupy.
Section 114.1 Occupancy Permit Required.
It shall be unlawful for any person, owner, agent, or tenant thereof, both jointly and severally, to, in whole or in part, purchase, transfer, mortgage, lease, or acquire, occupy or use, manage, or to permit occupancy or use of the premises for any purpose, including the movement of furniture, equipment or other personal property into said premises, until a permit to occupy has been issued by the Code Official stating that the premises, including all real and personal property there located, and all uses thereon complies with the provisions of this technical code and the provisions of the Arnold Municipal Code of Ordinances. Manufactured home parks and individual manufactured homes shall comply with the requirements of this Section.
Section 114.2 Application.
To obtain an occupancy permit, the applicant shall comply with the application process proscribed by the Code Official. It shall be unlawful for any person to knowingly make any false statement on an application for an occupancy permit as to the name of the person, firm, company or institution which will own, manage, or occupy the premises. For non-residential occupancy, it shall be unlawful for any person to knowingly make any false statement as to the type of use, the type or quantity of materials that will be stored on the premises or the floor area of the portion of the premises that will be occupied.
Section 114.3 Rejection of Application.
If the application does not comply with the requirements of all pertinent laws, the Code Official shall reject such application. The Code Official may reject any application that failed inspection, where required fees have not been paid, or where the applicant has failed to satisfy the Code Official in some way relevant to obtaining an occupancy permit.
Section 114.4 Action on an Application.
No action shall be taken to issue a permit until there is an inspection of the premises, including the interior and exterior of all property, both real and personal, located thereon, and a property maintenance inspection report less than ninety (90) days old on file with the City.
Section 114.5 Temporary Occupancy Permit.
The Code Official may permit temporary occupancy when there are no conditions on the premises which threaten the health or safety of an occupant or the general public, and the Code Official is satisfied that the premises will be brought into compliance with the requirements of this code within a ninety (90) day period. No temporary permit shall be issued until a cash escrow has been established with the City. Temporary occupancy permits may be extended for one additional ninety (90) day period, when in the opinion of the Code Official practical difficulties prevent complete compliance within the first ninety (90) day period. The escrow amount shall be determined by the Building Commissioner.
Section 114.5.1 Failure To Comply.
In the event the work to be done is not completed on time in accordance with the conditions of the temporary occupancy permit, the Code Official shall cause completion of the remaining work to be done. Any work so completed shall be paid for with money from the cash escrow established to guarantee completion of the work. Any unspent escrow funds after completion of the work to be done shall be disbursed to the responsible party and the occupancy permit shall be issued.
Section 114.5.2 Release of Escrow.
In the event the work to be done is completed on time in accordance with the conditions of the temporary occupancy permit, the Code Official shall authorize release of all escrowed funds upon written request.
Section 114.6 Suspension of Permit.
Any permit issued shall become invalid if the occupancy is not commenced within ninety (90) days after issuance of the permit or if the occupancy is terminated.
Section 114.7 Revocation of Permit.
The Code Official may revoke a permit in case of any false statement or misrepresentation of facts in the application on which a permit was based, or in the event a structure or part thereof is condemned pursuant to this code.
b.
Revise Section 202, Definitions, to add the following:
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PUBLIC NUISANCE. Includes any of the following:
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1.
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The physical condition or occupancy of any premises regarded as a public nuisance at common law;
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2.
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Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
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3.
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Any premises that has unsanitary sewage or plumbing facilities;
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4.
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Any premises designated as unsafe for human habitation;
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5.
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Any premises that is manifestly capable of being a fire hazard, or it is manifestly unsafe, or unsecured so as to endanger life, limb or property;
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6.
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Any premises from which the plumbing, heating, electric, or facilities required by this code have been removed or disconnected, destroyed, rendered in effective, or the required precautions against trespasser have not been provided;
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7.
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Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
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8.
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Any structure, manufactured/mobile home, vehicle, or trailer that is in a state of dilapidation, deterioration or decay: faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or structural failure; and dangerous to anyone on or near the premises.
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9.
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Any motor vehicle or trailer, or portion thereof, that is not parked on a paved parking area or driveway.
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10.
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Any vehicle or trailer used for the storage of trash, rubbish, junk, or yard waste.
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11.
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Premises, structures or equipment found by the Code Official to be unsafe, unfit for human occupancy or unlawful by any Arnold Code or Ordinance.
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12.
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General nuisances, weeds and other noxious matter, and junk and junk dealers, as enumerated in Chapter 220 of the Arnold Code of Ordinances.
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13.
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The outdoor storage of construction devices, equipment, and materials except as follows:
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a.
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When such outdoor storage is related to a specific, lawful, construction project, provided such storage is of a temporary nature and is removed after the specific construction project is completed, or work on the project has ceased for any reason for a period of six (6) months; and, further provided, that such storage is limited to a period of one (1) year, unless the time is extended by the Code Official. Requests for an extension shall be made in writing. The Code Official's decision on the matter shall be final.
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c.
Revise Section 302.4, Weeds, by renaming the Section "302.4 Vegetation" and adding the following to the end of the Section:
Premises and exterior property shall be maintained with grass, vegetation or other approved ground cover on all exposed land surfaces to prevent the blowing or scattering of dust onto adjacent property, public or private.
Premises and exterior property shall be maintained free of hazards to include:
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1.
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Dead Trees and Tree Branches. All dead trees, which are hazardous to the public, shall be prohibited. All trees shall be maintained free of dead limbs.
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2.
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Hazard to vehicular or pedestrian traffic. All vegetation, which poses a hazard to vehicular or pedestrian traffic, shall be promptly cut and removed to eliminate the hazard within a distance of twenty (20) feet from the roadway right-of-way, road easement, or driving surface, whichever distance is greater.
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3.
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Fire hydrants, utilities, and other structures. All vegetation, which obstructs or prevents the visibility or operation of fire hydrants, utilities, and other structure, shall be prohibited.
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d.
Revise Section 302, Exterior Property Areas, to add new Section as follows:
Section 302.10 Public Nuisances.
It shall be unlawful for any person, owner, agent, or tenant thereof, both jointly and severally, to permit, cause, keep, maintain or create any public nuisance as defined in this Code or Chapter 220 of the Arnold Code of Ordinances.
e.
Revise 502.1, Dwelling Units, to add a second paragraph to read:
Every dwelling unit with more than seven (7) occupants shall contain additional plumbing fixtures at the rate of one (1) additional water closet and one (1) additional lavatory for each additional four (4) occupants or fraction thereof.
