[Editor's Note: Former Ch. 523, Swimming Pool and Spa Code, was amended in its entirety 12-21-2023 by Ord. No. 7912. Prior history includes Ord. No. 6927 and Ord. No. 7016.]
[Ord. No. 7912, 12-21-2023]
A certain document, one (1) copy of which has been on file for at least ninety (90) days in the office of the City Clerk of the City of St. Peters, being marked and designated as "The International Swimming Pool and Spa Code (ISPSC), 2021 Edition," as published by the International Code Council, Inc., as amended, and is hereby adopted as the Swimming Pool and Spa Code of the City; and all of the regulations, provisions, conditions, and terms of the 2021 International Swimming Pool and Spa Code, as published by the International Code Council, Inc., are hereby referred to, adopted, and made part thereof, as if fully set out in this Chapter, with additions, insertions, deletions, and changes prescribed in this Chapter.
[Ord. No. 7912, 12-21-2023]
Throughout the Swimming Pool and Spa Code adopted in Section 523.010, wherever the term "Name of Jurisdiction" or "Local Jurisdiction" appears, it shall be deemed to mean the City of St. Peters.
[Ord. No. 7912, 12-21-2023]
Throughout the Swimming Pool and Spa Code adopted in Section 523.010, whenever the term "Code Official" appears, it shall be deemed to mean the Building Commissioner.
[Ord. No. 7912, 12-21-2023]
Throughout the Swimming Pool and Spa Code adopted in Section 523.010, wherever the term "International Residential Code" is used, it is deemed to mean St. Peters Residential Code for One- and Two-Family Dwellings, Chapter 504, wherever the term "International Building Code" is used, it is deemed to mean St. Peters Building Code (Non-Residential), Chapter 505, wherever the term "International Existing Building Code" is used, it is deemed to mean St. Peters Existing Building Code, Chapter 506, wherever the term "International Mechanical Code" is used, it is deemed to mean St. Peters Mechanical Code, Chapter 515, wherever the term "International Fuel Gas Code" is used, it is deemed to mean St. Peters Fuel Gas Code, Chapter 516, wherever the term "International Plumbing Code" is used, it is deemed to mean St. Peters Plumbing Code, Chapter 520.
[Ord. No. 7912, 12-21-2023]
A. 
The code adopted in Section 523.010 is amended as follows:
1. 
101.1 Title. - Delete.
2. 
103.1 Creation of agency. - Delete.
3. 
106.1 Construction Documents. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted through electronic submission in a digital format with each permit application. The construction documents shall be prepared, signed and sealed by an architect or engineer licensed and registered in the State of Missouri to render this service.
Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
4. 
106.90 Electronic Submission. Where design documents, including, but not limited to, plot plans, site plans, design drawings, specifications, etc., are originally created electronically, the building official is authorized to require electronic submittal of documents in a portable document format (PDF) or similar format for review. Where design documents were originally prepared on paper and are submitted in a paper form, the building official is authorized to charge a fee for converting those drawings to PDF equal to the cost incurred by County staff recreating the document and not to exceed more than one dollar ($1.00) per page.
Exception: Where submittal documents were originally prepared by hand and are eleven (11) inches by seventeen (17) inches or less, the fee for document conversion shall not be charged.
5. 
108.2 Schedule Of Permit Fees. Where work requires a permit, a fee for each permit shall be paid as required, in accordance with Appendix A, Schedule of Fees, of Title V of the Municipal Code of the City of St. Peters, Missouri.
6. 
108.6 Amount Due Or Refunds. The Code Official shall authorize the refunding of money. The collection of fees due and the refunding of money shall be as follows:
a. 
The full amount of any fee paid hereunder which was erroneously paid or collected.
b. 
Refund ninety percent (90%) or collect ten (10%) of the permit fee when no work has been done on the site and no plan review is required, or considered a "same as" permit.
c. 
Refund eighty percent (80%) or collect twenty percent (20%) of the permit fee when no work has been done on the site and application required a plan review to process a permit.
d. 
No refund if permit has been voided; if work has been stopped; or if any work has been done at the site.
The Code Official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
7. 
110.90 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.
8. 
111.1 Application For Appeal. A person shall have the right to appeal a decision of the Code Official to the Board of Appeals as established in Chapters 410 and 505 of the Municipal Code of the City of St. Peters. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served.
9. 
111.2. Limitations On Authority. - Delete.
10. 
111.3. Qualifications. - Delete.
11. 
111.4. Administration. - Delete.
12. 
113.4. Violation penalties. - Delete.
13. 
Chapter 2 Definitions. Amend to include.
WORKMANLIKE
Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
14. 
305.5 Onground Residential Pool Structure As A Barrier. An onground residential pool wall structure or a barrier mounted on top of an onground residential pool wall structure shall serve as a barrier where all of the following conditions are present:
1. 
Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 48 inches (1,219 mm) above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier.
2. 
Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.
3. 
Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps:
3.1
The ladder or steps shall be capable of automatically being raised or secured with a release mechanism located fifty-four (54) inches above the walking surface; or
3.2
The ladder or steps shall be surrounded by a barrier which meets the requirements of Section 305.3. Any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
4. 
Openings created by the securing, locking or removal of ladders and steps do not allow the passage of a 4-inch (102 mm) diameter sphere.
5. 
Barriers that are mounted on top of onground residential pool walls are installed in accordance with the pool manufacturer's instructions.
[Ord. No. 7912, 12-21-2023]
Any person violating any of the provisions of the code adopted in this Chapter shall be deemed guilty of an offense and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period of not exceeding ninety (90) days, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.