[R.O. 2008 § 500.500; Ord. No. 6250 § 11, 9-8-2016]
That certain document, a copy which is on file in the office of the City Clerk of the City of O'Fallon, Missouri, being marked and designated as the International Existing Building Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the International Existing Building Code of the City of O'Fallon, in the State of Missouri, for regulating and governing existing buildings as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of said Existing Building Code on file in the office of the City Clerk of the City of O'Fallon, Missouri, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.510 of this Article.
[R.O. 2008 § 500.510; Ord. No. 6250 § 11, 9-8-2016]
The following numbered subsections
of the International Existing Building Code, 2015 Edition, as published
by the International Code Council, Inc., are hereby amended by additions,
insertions, deletions and changes so that such section and subsections
read as follows:
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(CHAPTER 1 SCOPE AND ADMINISTRATION)
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(SECTION 101 GENERAL)
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101.1 Title. These regulations
shall be known as the Existing Building Code of the City of O'Fallon,
Missouri, hereinafter referred to as "this code."
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101.2 Scope. The provisions
of the International Existing Building Code shall apply to the repair,
alteration, change of occupancy, addition to and relocation of existing
buildings.
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Exception:
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Residential buildings and their accessory
structures within the scope of the International Residential Code
shall utilize the existing building provisions provided in Appendix
J of that code.
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(SECTION 103 DEPARTMENT OF
BUILDING SAFETY)
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103.1 General. The Department
of Inspection is hereby created and the executive official in charge
thereof shall be known as the Building Official. Where the term "code
official" is used in this code, it shall mean the Building Official
or his/her appointee.
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103.2 Appointment. The
Building Official shall be appointed as provided by ordinance.
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(SECTION 105 PERMITS)
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105.1 Required. Required
permits shall comply with Section 105.1 of the Building Code of O'Fallon,
Missouri.
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105.2 Work exempt from permits. Work exempt from permits shall comply with Section 105.2 of the
Building Code of O'Fallon, Missouri.
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(SECTION 106 CONSTRUCTION DOCUMENTS)
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106.2 Construction Documents. Construction documents shall be in accordance with all subsections
of 106.2.
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106.2.90 Professionally prepared
plans. All plans and specifications shall be prepared, signed
and sealed by an architect or engineer licensed and registered in
the State of Missouri to render this service.
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Exceptions:
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The following exceptions are at the
discretion of the Building Official:
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1.
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Miscellaneous residential structures
such as room additions, carports, garages, sheds, etc.
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106.2.91 Elevations certified. Any building addition in the flood plain shall provide an elevation
certificate by a Registered Engineer or Land Surveyor, licensed in
the State of Missouri, before final approval of foundation.
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(SECTION 108 FEES)
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108.2 Schedule of permit fees. Fees related to administration of this code shall be as set forth
elsewhere in this Chapter of the Municipal Code.
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108.2.90 Integrated permits. The Building Official, at his/her discretion, may issue integrated
building, plumbing, electrical and/or mechanical permits shall be
as described in Section 108.2.91.
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108.2.91 Integrated permit
fees. The total integrated permit fee and the portions applicable
to the building, plumbing, electrical and/or mechanical permits shall
be as described in Section 109.2.90.
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108.2.3 Applicant responsibility. Integrated permit applications shall include the name, original
signature and license number of the appropriate licensed sub-contractor.
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Exception:
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Online permit applications where
a licensed contract is defined.
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(SECTION 109 INSPECTIONS)
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109.90 Workmanship. Repairs,
maintenance work, alterations or installations which are caused directly
or indirectly by the enforcement of this code shall be executed and
installed in a workmanlike manner in compliance with this code, in
accordance with industry standards, and in accordance with the manufacturer's
installation instructions.
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(SECTION 112 MEANS OF APPEAL)
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112.1 General. For the
purposes of this code, all appeals shall be in accordance with the
procedure established for the Building Code of the City of O'Fallon,
Missouri.
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112.2 Limitations on authority. Delete in its entirety.
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112.3 Qualifications. Delete in its entirety.
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(SECTION 113 VIOLATIONS)
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113.2 Notice of violation. When the Building Official determines that a violation of this code
exists, other than a violation of a stop work order, he/she shall
immediately notify the violator. The notification shall be in writing
and shall be delivered to the violator or his/her legally authorized
representative or mailed 1st Class U.S. Mail to his/her last known
address. Any person having been notified that a violation, other than
a violation of a stop work order, exists and who fails to abate the
violation within ten (10) days after notification shall be subject
to the penalties enumerated in Section 113.4.
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113.4 Violation penalties. Any person, firm or corporation who violates any provisions of this
code, or fails to comply with any of the requirements thereof, or
erects, constructs, alters or repairs a structure in violation of
an approved plan or directive of the Building Official, or of a permit
or certificate issued under the provisions of this code or previous
ordinance, or who shall continue any work in or about a structure
after having been served a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe conditions,
or any owner or tenant of a building or premises in which such violation
shall exist, shall upon conviction thereof be punishable by a fine
of not more than five hundred dollars ($500.00) or by imprisonment
not exceeding ninety (90) days, or by both such fine and imprisonment.
Each day that a violation continues shall be deemed a separate offense.
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(SECTION 114 STOP WORK ORDER)
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114.3 Unlawful continuance. Any person who continues 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 said violation or unsafe conditions,
shall be liable to penalties as specified in Section 113.4 of this
code.
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(CHAPTER 14 PERFORMANCE COMPLIANCE
METHODS)
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(SECTION 1401 GENERAL)
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1401.2 Applicability. Structures existing prior to December 17, 1963, in which there is
work involving additions, alterations or changes of occupancy shall
be made to conform to the requirements of this Chapter or the provisions
of Chapters 5 through 13. The provisions of Sections 1401.2.1 through
1401.2.5 shall apply to existing occupancies that will continue to
be, or are proposed to be, in Groups A, B, E, F, I-2, M, R and S.
These provisions shall not apply to buildings with occupancies in
Group H or I-1, I-3 or I-4.
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[R.O. 2008 § 500.520; Ord. No. 6250 § 11, 9-8-2016]
A.
Nothing in this Article or in the Existing
Building Code hereby adopted shall be construed to affect any suit
or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under
any act or ordinance hereby repealed; nor shall any just or legal
right or remedy of any character be lost, impaired or affected by
this Article.
B.
If any Section, Subsection, sentence, clause
or phrase of this Article is, for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this Article. The City of O'Fallon, Missouri, hereby declares that
it would have passed this Article, and each Section, Subsection, clause
or phrase thereof, irrespective of the fact that any one (1) or more
Sections, Subsections, sentences, clauses and phrases be declared
unconstitutional.
[R.O. 2008 § 500.530; Ord. No. 6250 § 11, 9-8-2016]
Any person, firm, or corporation
violating any of the provisions of this Article or the code hereby
adopted shall, upon conviction, for each offense be fined not more
than five hundred dollars ($500.00) or be punished by imprisonment
in jail not to exceed three (3) months, or be punished by both fine
and imprisonment. Each day's violation of, or refusal or neglect to
comply with, any provision of this Article or the code hereby adopted
shall constitute a separate and distinct offense.
