[Ord. No. 2017-1244 § 1, 8-21-2017[1]]
The Council adopts the 2015 Edition of the International Property Maintenance Code, including Appendix A (as amended), one (1) copy of which has been on file with the Town Clerk for a period of ninety (90) days prior to the adoption of this Article, by reference as if fully set forth in its entirety. At least one (1) copy of the 2015 Edition of the International Property Maintenance Code shall remain on file in the office of the Town Clerk and shall be kept available for public use, inspection, and examination.
[1]
Editor's Note: Section 5 of this ordinance provided an effective date of 1-1-2018.
[Ord. No. 2017-1244 § 2, 8-21-2017]
A. 
The code adopted by this Article is hereby amended by substituting the following sections in lieu of those sections with corresponding numbers in the code, or, where there is no corresponding section in the code, the following sections shall be enacted as additions to the code:
1. 
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the "Property Maintenance Code of the Town of Carrollton, Missouri," hereinafter referred to as "this code."
2. 
101.5 Appendix A is hereby adopted as published.
3. 
Section 102.3 is amended to read as follows:
102.3 Other codes. References to the International Zoning Code are deleted from this code.
4. 
Section 102.7 is amended to read as follows:
102.7 Referenced standards. The standards referenced in this code, listed in Chapter 8 and Appendix A, shall be considered part of the requirements of this code to the prescribed extent of each such reference. (Other codes shall not apply except individual regulations of such other codes that are specifically incorporated by reference into this code). Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
5. 
SECTION 103 CODES DEPARTMENT.
a. 
Section 103.1 is amended to read as follows:
103.1 Code Officer. The administration and enforcement of this Article shall be the duty of the code officer, who is designated the code official for purposes of this code by the Town Council. The code official is hereby authorized to take such action as may be reasonably necessary to enforce the provisions of this code. Such persons may be appointed and authorized as assistants or representatives of the code officer as may be necessary to carry out the provisions of this code.
b. 
Section 103.3 is amended to read as follows:
103.3 Deputies. The Mayor may appoint such deputies or assistant code official as deemed necessary.
c. 
Section 103.4 is amended to read as follows:
103.4 Restriction of employees. An employee connected with the enforcement of this code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such employee engage in any work that conflicts with official duties or with interests of the department.
103.4.1 Liability. Any officer or employee charged with the enforcement of this code, while acting on behalf of the Town, shall not thereby render such individual liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act performed in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The officer or employee shall not be liable for costs in any action, suit or proceeding that is instituted pursuant to the provisions of this code; and any officer or employee acting within the scope of employment and in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. Nothing contained herein shall be deemed a waiver of the immunities and protection afforded to the Town or officers and employees pursuant to State and Federal law.
d. 
Section 103.5 is amended to read as follows:
103.5. The fees schedule for activities and services performed by the Town in carrying out its responsibilities under this code will be adopted by separate ordinance.
6. 
Section 104.3 is amended to read as follows:
104.3.1 Search warrant.
(a) 
If a complaint in writing is filed by the code official with the judge of the municipal division of the Carroll County Circuit Court, stating that there is probable cause to believe that a certain structure or premises, more particularly described therein, is or may be in violation of this code and is within the territorial jurisdiction of the Town, and if such complaint is verified by the oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the code official commanding the code official to search the structure or premises therein described. Such search warrant may be executed and returned only within ten (10) days after the date of its issuance. The code official shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this code discovered pursuant to such search. The refusal to admit the code official to a structure or premises when the code official is in lawful possession of a search warrant commanding the code official to enter therein is hereby declared to be a violation of this code.
7. 
Section 106.4 is amended to read as follows:
106.4 Penalty for noncompliance or delay.
Any violation of this code is punishable by a fine, combined with court costs, for violations committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first violation, two hundred seventy-five dollars ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation and four hundred fifty dollars ($450.00) for the fourth and any subsequent violations.
Every day that a violation continues after the expiration of the reasonable period of time for the completion of the work specified by the code officer shall be deemed a separate offense; and provided that every day that a violation continues in violation of an order under Sections 107.7 or 107.10 shall be deemed a separate offense. The Town is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did the act which was prohibited or failed to do an act which the defendant was legally required to do.
8. 
SECTION 107 DEMOLITION OR REPAIR OF STRUCTURES CONSTITUTING A PUBLIC NUISANCE.
a. 
Section 107.1 is amended to read as follows:
107.1 Structures constituting a public nuisance. All structures which have any of the following defects are public nuisances:
(1)
Those structures whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2)
Those structures which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(3)
Those structures which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4)
Those structures which have been damaged by fire, wind or other causes so as to be dangerous to life, safety, health or welfare of the occupants or the residents of the Town.
(5)
Those structures which are so dilapidated or decayed that they are a danger to the life, safety, health or welfare of the occupants or the residents of the Town.
(6)
Those structures having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
(7)
Those structures which have parts which are so attached that they may fall and injure members of the public or property.
(8)
Those structures which exist in violation of any provision of the Building Code of Carrollton, Missouri, or other ordinances of this Town and which are a danger to the life, safety, health or welfare of the occupants or residents of the Town.
(9)
Those structures which, if occupied, would constitute a hazard to the safety, health, or welfare of the occupants because they lack maintenance, are in disrepair, are unsanitary, vermin infested or rodent infested, lack sanitary facilities or equipment or otherwise fail to comply with minimum provisions of this code.
(10)
Those structures which have unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in disrepair or conditions that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
b. 
Section 107.2 is amended to read as follows:
107.2 Notice of violation.
(a)
Whenever the code official determines a structure to be a public nuisance, a notice shall be given to the owner, occupant, mortgagee, agent and all other persons having an interest in the structure or premises as shown by the land records of the county recorder of deeds and if the property is not owner occupied, to any occupant of the property, who shall be parties to the action. Such notice shall be in writing and shall:
(1)
Include a description of the property sufficient for identification;
(2)
Specify the violations of this code constituting a public nuisance;
(3)
Specify if the property or any part of it is to be totally or partially vacated and, if so, the date;
(4)
Specify if the property is to be repaired, reconditioned, remodeled, demolished, placed in a sanitary condition, or made to conform to the occupancy requirement of this code;
(5)
State a time for the commencement of such work and a reasonable period of time for the completion of such work.
(b)
The notice of violation shall be served either by personal service or by certified mail, return receipt requested or by first class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same. If service cannot be obtained by either of these methods of service, then service may be had by publication in a newspaper of general circulation in the Town and posting on the property. Notice to the owner shall be at the last known address of the owner.
(c)
The notice shall comply in all respects with applicable State law. Unless a condition presents an immediate, specifically identified risk to the public health or safety, the notice shall provide a reasonable time, not less than ten (10) days, in which to abate or commence removal of each condition identified in the notice.
c. 
Section 107.3 is amended to read as follows:
107.3 Standards. The following standards should be followed by the code official in ordering repair, reconditioning, remodeling, total or partial vacation, demolition, or cleaning of structures constituting a public nuisance.
(1) If the structure can be reasonably repaired, reconditioned or remodeled so that it will no longer exist in violation of this code, it shall be ordered repaired, reconditioned or remodeled.
(2) If the structure is in such a condition as to make it dangerous to the health, safety or general welfare of its occupants or any other person, it shall be ordered repaired, reconditioned, remodeled or demolished.
(3) In any case where the structure is fifty percent (50%) damaged, decayed or deteriorated from its original value or structure, it shall be vacated, repaired, reconditioned or remodeled and in all cases where the structure is not or cannot be repaired, reconditioned or remodeled so that it will no longer exist in violation of the requirements of this code, it shall be demolished.
(4) If the structure is a hazard to the safety, health or welfare of its occupants or of any person because it lacks sanitary facilities and equipment or is otherwise unsanitary because of an accumulation of garbage or trash or because of infestation, it shall either be placed in a clean and sanitary condition or demolished.
(5) Any structure determined to be unfit for human occupancy shall be totally or partially vacated within a reasonable period of time to be determined by the code official. No structure or its affected part ordered vacated shall again be used or leased for human occupancy by any occupant or owner until written approval is secured from the code official.
d. 
Section 107.4 is amended to read as follows:
107.4 Failure to comply with notice of violation. Upon failure of the parties to the action to commence the work specified within the time specified by the notice of violation issued by the code official under Section 107.2 or upon failure to proceed continuously with the work without unnecessary delay in order to complete the work within the specified period of time, the Mayor or his designee (herein collectively called "Mayor") may call and have a full adequate hearing upon the matter.
e. 
Section 107.5 is amended to read as follows:
107.5 Notice of hearing.
(a)
Whenever the Mayor calls a hearing under Section 107.4, the Mayor shall give or cause to be given at least ten (10) days (or such longer period required by State law) written notice of the hearing to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the structure or premises as shown by the land records of the county recorder of deeds. Such notice shall:
(1)
Include a description of the property sufficient for identification;
(2)
State the time, date and place of the hearing;
(3)
State who shall preside at the hearing;
(4)
State the notice is being given pursuant to this Section.
(b)
The notice of hearing shall be served either by personal service, by certified mail, return receipt requested, or by first class mail. If service cannot be obtained by either of these methods of service, then service may be had by publication in a newspaper of general circulation in the Town and posting on the property.
f. 
Section 107.6 is amended to read as follows:
107.6 Hearing procedure. The Mayor or his designee shall preside over the hearing and shall cause the hearing to be suitably recorded and preserved. Any party may have a copy of all or any part of the record upon payment of a reasonable charge for reproduction. All parties must make oral entry of appearance for the benefit of the record. Oral evidence shall be taken only on oath or affirmation. Any party may be represented by counsel. All parties shall be given a full and adequate opportunity to be heard. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
g. 
Section 107.7 is amended to read as follows:
107.7 Order of Mayor. After a hearing under Section 107.6, if the evidence supports a finding that the structure is a nuisance and detrimental to the health, safety or welfare of the residents of the Town, the Mayor or his designee shall make written and specific findings of fact based upon competent and substantial evidence, which show the structure to be a nuisance and detriment to the health, safety or welfare of the residents of the Town, and the Mayor or his designee shall order the structure to be repaired, reconditioned, remodeled, totally or partially vacated, demolished or placed in a sanitary condition. If the evidence does not support a finding that the structure is a nuisance or detrimental to the health, safety or welfare of the residents of the Town, no order shall be issued. Immediately upon reaching a decision, the Mayor or his designee shall give written notice of the decision by delivering or mailing to each party, or the party's attorney of record, a copy of the findings of fact and order, if any. If notice of the decision cannot be obtained by either of these two (2) modes of service, then service may be had by posting a copy of the findings of fact and order, if any, upon the affected property.
h. 
Section 107.8 is amended to read as follows:
107.8 Appeals. An aggrieved party may appeal to the circuit court pursuant to the procedure established in Chapter 536, RSMo.
i. 
Section 107.9 is amended to read as follows:
107.9 Special tax bills. If the work or act ordered by the Mayor or his designee under Section 107.7 is not done within the time as stated in the order, and if no appeals of the order are pending, the code officer shall certify such fact to the Town Council. The Town Council shall consider such certified facts and may order the work done either by Town employees or bidding the work through independent contractors. No person shall enter private property to perform such work unless the property owner or occupant has consented to the entry or unless the municipal division judge has issued a warrant for the entry.
The actual cost of the performance, including administrative costs, shall be submitted to the owner of the property. If the charge is not paid within thirty (30) days of receipt, the code officer shall certify the actual cost of performance, including administrative costs and cost of proof of notices to the finance officer, who shall cause a special tax bill or add to the annual real estate tax bill against the property to be prepared and collected. The tax bill from date of issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid. Tax bills issued pursuant to this Section shall bear interest from the date of issuance at the same rate for delinquent real estate taxes.
j. 
Section 107.10 is amended to read as follows:
107.10 Emergency Power. Notwithstanding any other section of this code, in any case where, in the opinion of the code official, it reasonably appears there is an immediate danger to the health, safety or welfare of any person, the code official may take or order emergency action to vacate and repair or demolish any structure. The actual cost of performance shall be collected as provided by Section 107.9.
k. 
Section 107.11 is amended to read as follows:
107.11 Judicial actions authorized. In case any order under Section 107.7 or 107.10 is not immediately complied with, the code official may request the Town attorney or counselor to institute an appropriate judicial action to compel compliance with this code.
l. 
Section 107.12 is amended to read as follows:
107.12 Placarding. Any structure determined by the code official to be a public nuisance may be posted with a placard by the code official. The placard shall include the following information in the form prescribed by the code official: name of Town; name and address of the code official; section of this code violated; if required to be vacated, an order that the structure, or its affected part, must remain vacated until the violations are corrected and the order to vacate is withdrawn by the code official; date the placard is posted; and a statement of the penalty for defacing or removing the placard.
m. 
Section 107.13 is amended to read as follows:
107.13 Removal of placard. No person shall deface or remove any placard posted by the code official pursuant to Section 107.12 except by written authority from the code official.
n. 
Section 107.14 is amended to read as follows:
107.14 Prohibited occupancy. No person shall occupy a placarded premises in violation of an order that it be vacated, and no owner or person responsible for the premises shall allow anyone to occupy such a placarded premises.
o. 
Section 107.15 is amended to read as follows:
107.15 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
9. 
Section 109.2 is amended to read as follows:
109.2.1 Time limit. If an order is issued to board up the openings of a structure out of compliance with this code, the structure shall be brought into compliance, and the structure shall not remain boarded up longer than ninety (90) days from the date of the notice.
10. 
Section 111 is amended as follows:
a. 
111 MEANS OF APPEAL: Delete 111.1 to 111.8 and replace with:
111.1 Application for appeal. Except for appeals from orders of the Mayor under Section 107.8, any aggrieved person shall have the right to appeal a decision of the code official to the Board of Adjustment. Application for appeal must be filed in accordance with the procedures set out in Section 113 of the Building Code of Carrollton, Missouri.
11. 
Section 112.4 is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and or more than five hundred dollars ($500.00). Each day shall be a separate violation.
12. 
In 202.0 GENERAL DEFINITIONS, add the following definitions:
Building regulations supervisor. The Code Officer or the Code Officer's designee.
Structure. That which is built or constructed or a portion thereof. This definition shall include manufactured housing.
13. 
Section 302.4 is amended as follows:
a. 
In 302.4 Weeds, insert "seven (7) inches."
b. 
Sections 302.4.1 and 302.4.2 are added as follows:
Section 302.4.1 Landscaping: Lawn areas and landscaping shall be properly maintained by the owner. Plants and grass that have deteriorated or died shall be replaced and additional planting shall be provided if required by the Code Official. Screening or additional planting around refuse containers may also be required to assure the desirable residential character of the premises. The premises and exterior property shall be maintained free from grass and weeds in excess of seven (7) inches.
Section 302.4.2 Tree maintenance and removal: The maintenance, upon private property, of dead or dying trees or tree limbs or branches which, by reason of their location, size or state of deterioration, constitute a danger to the public health, safety or welfare, or the maintenance upon private property of trees which are infected with Dutch Elm or other contagious disease or blight, dangerous to persons, animals, other trees or plant life, is declared to be a nuisance and must be removed. Tree stumps shall be removed to grade level and completely ground to blend into the surrounding yard.
14. 
Section 302.7 is amended to read as follows:
302.7 Accessory structures. All accessory structures, including detached garages, fences, walls, and retaining walls shall be maintained structurally sound and in good repair.
15. 
Section 302.8 is amended to read as follows:
302.8 Motor and non-motorized vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises.
No licensed or unlicensed utility trailers, boat trailers with or without a boat, motorized or pull-type camping trailers or any similar type vehicles shall be parked, kept or stored on an unapproved surface on any premises, and no vehicle stated above shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a garage, structure or similarly enclosed area designed and approved for such purposes.
Exception: Lawn and yard vehicles, motorized or non-motorized, utility trailers or similar type vehicles four (4) feet wide and eight (8) feet long or smaller and not licensed for street operation.
16. 
Section 303.2 is amended to read as follows:
303.2.1 Enclosures. Private swimming pools, hot tubs and spas, capable of holding eighteen (18) inches of water shall be completely surrounded by a fence or barrier at least forty-eight (48) inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. The self-latching device release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when release from an open position of six (6) inches (152 mm) from the gatepost. No existing pool enclosures shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spars or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.
17. 
Section 303.3 is amended to read as follows:
303.3 Drain cover. All existing swimming pools shall have an anti-vortex drain cover.
Exception: Use groups R-3 and R-4
18. 
Section 304.3 is amended to read as follows:
304.3 Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least four (4) inches high with one-half-inch stroke and of contrasting color.
Exception: Existing two-inch-high with one-half-inch stroke in Arabic numerals that are being maintained and are in good condition may remain until replaced.
19. 
Section 304.5 is amended to read as follows:
304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents. All cracks that permit the entry of water, insects, or rodents or jeopardize the support of the structure shall be repaired. Small cracks that do not exhibit these problems and are three-eighths (3/8) of an inch or less shall not be required to be repaired.
20. 
Section 304.14 is amended to read as follows:
304.14 Insect screens. During the period from April 1 to October 15, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of no less than sixteen (16) mesh per inch, and every swinging door shall have a self-closing device in good working condition.
Exception 1: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect repellent fans are employed.
Exception 2: Screening is not required for air-conditioned spaces.
Exception 3: Screen doors are not required where there is at least one (1) screened window in the room where the exterior door is located.
21. 
Section 304.18 is amended to read as follows:
304.18.1.1 Exception: Doors between dwelling units and fully enclosed, attached garages are not required to have dead bolt locks. (All other swinging egress doors from structure are required to have deadbolts.)
22. 
Section 307.1 is amended to read as follows:
307.1.1 Guard standards. Guards may be constructed of slats in a horizontal, vertical or any other pattern and shall not allow passage of a six-inch-diameter sphere through any opening.
23. 
Section 308.2 is amended to read as follows:
308.2.1 Exception: In one- and two-family residences, the owner or tenant shall provide a leakproof, covered, outside rubbish container.
24. 
Section 308.3 is amended to read as follows:
308.3.1 Exception: In one- and two-family residences, the owner or tenant shall provide a leakproof, covered, outside garbage container if there is no food waste grinder or incinerator.
25. 
Section 309.4 is amended to read as follows:
309.4 Multiple occupancies. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or a non-residential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
26. 
Section 403.2 is amended to read as follows:
403.2 Exception: Structures and premises in existence as of adoption of this code may have a mechanical ventilation system that exhausts air into the attic space, provided the attic space has adequate ventilation.
27. 
Section 404.3 is amended to read as follows:
404.3.1 Exception: Structures and premises in existence as of adoption of this code shall have a minimum ceiling height of six (6) feet, six (6) inches for laundry areas, bathrooms, toilet room and corridors serving only these areas.
28. 
Section 602.3 is amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units, rooming units, dormitory or guest rooms on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September 1 to June 1 to maintain the room temperatures specified in Section 602.2 during the hours between 6:30 A.M. and 10:30 P.M. of each day and not less than sixty degrees Fahrenheit (60° F.) (sixteen degrees Celsius (16° C.)) during other hours.
29. 
In 602.4 Nonresidential structures, insert dates as follows: September 1 to June 1.
30. 
Section 702.4 is amended to read as follows:
702.4.1 Emergency escape. Every sleeping room located in a basement in occupancies of Use Group 1-1 or R shall have at least one (1) openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two (2) approved independent exits. Existing windows in a sleeping room shall not be eliminated.
Exceptions:
1.
Buildings equipped throughout with an automatic fire suppression system.
2.
Structures in existence as of the adoption of this code and comply with the following:
a.
Smoke detectors shall be installed in all shafts and corridors, on the ceiling or wall outside or within the vicinity of each separate bedroom and on each additional story of the dwelling, including the basements, but not including crawl spaces and uninhabitable attics.
b.
Smoke detectors described in Subsection (2)(a) of this exception shall receive their primary power from the building wiring and when primary power is interrupted shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors shall be interconnected such that the actuation of one (1) alarm will actuate all the alarms throughout the structure. This Exception 2 shall not apply to structures that are renovated, remodeled or altered in excess of fifty percent (50%) of the current value of the structure.
31. 
Section 702.5 is amended to read as follows:
702.5 Number of exits. In nonresidential buildings, every occupied story more than six (6) stories above grade shall be provided with not less than two (2) independent exits. In residential buildings, every story exceeding two (2) stories above grade shall be provided with not less than two (2) independent exits.
Exceptions: Where any structure is in existence as of the adoption of this code and complies with one (1) of the following:
1.
Buildings equipped throughout with an automatic fire suppression system.
2.
Structures that have previously received a certificate of compliance or a certificate of occupancy, have been maintained accordingly and comply with the following:
a.
Smoke detectors shall be installed in all shafts and corridors, on the ceiling or wall outside or within the vicinity of each separate bedroom and on each additional story of the dwelling, including the basements, but not including crawl spaces and uninhabitable attics.
b.
Smoke detectors shall receive their primary power from the building wiring and when primary power is interrupted shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors shall be interconnected such that the actuation of one (1) alarm will actuate all the alarms throughout the structure. This Exception 2 shall not apply to structures that are renovated, remodeled or altered in excess of fifty percent (50%) of the current value of the structure.
32. 
Section 702.6 is amended to read as follows:
702.6 Number of exits in manufactured housing. Every dwelling unit shall have not less than two (2) doors, or not less than one (1) door and one (1) unobstructed emergency exit. One (1) exit shall be located near the front of the dwelling unit, and one (1) door shall be located near the rear of the dwelling unit. An emergency exit may be substituted for the rear door when the length of the dwelling unit does not permit or is not sufficient for the use of two (2) doors. Each door or exit shall be supplied with a properly installed lock.
33. 
Section 702.7 is amended to read as follows:
702.7 Corridor enclosure. All corridors serving an occupant load greater than thirty (30) and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors, and other openings shall be closed or shall be self closing.
Exceptions: Where any structure is in existence as of the adoption of this code and complies with the following:
1.
Buildings equipped throughout with an automatic fire suppression system.
2.
Structures that have previously received a certificate of compliance or a certificate of occupancy, have been maintained accordingly and comply with the following:
a.
Smoke detectors shall be installed in all shafts and corridors; on the ceiling or wall outside or within the vicinity of each separate bedroom and on each additional story of the dwelling, including the basements, but not including crawl spaces and uninhabitable attics.
b.
Smoke detectors shall receive their primary power from the building wiring and when primary power is interrupted shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors shall be interconnected such that the actuation of one (1) alarm will actuate all the alarms throughout the structure. This Exception 2 shall not apply to structures that are renovated, remodeled or altered in excess of fifty percent (50%) of the current value of the structure.
[Ord. No. 2017-1244 § 3, 8-21-2017]
The portions of this Article shall be severable. In the event that any portion of this Article is found by a court of competent jurisdiction to be invalid, the remaining portions of this Article are valid, unless the court finds the valid portions of this Article are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the Town Council would have enacted the valid portions without the invalid one, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.