[Ord. No. 1750, 2-20-2019]
The International Building Code, 2015 Edition, with Appendices
C, E, F, G, I, J and K, as published by the International Code Council,
is hereby adopted as the Building Code of the City; and all of the
regulations, provisions, penalties, conditions and terms of the International
Building Code, 2015 Edition, with Appendices C, E, F, G, I, J and
K, as published by the International Code Council, are hereby referred
to, adopted and made part thereof, as if fully set out in this Article,
with the additions, insertions, deletions and changes prescribed in
this Article.
[Ord. No. 1750, 2-20-2019]
Throughout the Building Code adopted pursuant to Section
500.010 of this Article, whenever the terms "Name of Jurisdiction" or "Local Jurisdiction" appear, it shall be deemed to mean "City of Cottleville, Missouri."
[Ord. No. 1750, 2-20-2019]
Throughout the Building Code adopted pursuant to Section
500.010 of this Article, whenever the terms "Department of Building Safety" or "Building Official" appear, they shall be deemed to mean the "Director of Public Works" of the City of Cottleville, Missouri.
[Ord. No. 1750, 2-20-2019]
Whenever the term "Chief Appointing Authority" is used in this
code, it shall be deemed to mean the "Board of Aldermen" of the City
of Cottleville, Missouri; whenever the term "Legal Representative"
is used, it shall be deemed to mean "City Attorney."
[Ord. No. 1750, 2-20-2019]
All types of construction shall comply with building setback
lines, side lots, yard requirements and height limitations as set
out in the Zoning Ordinance and this Article or code; the Zoning Ordinance
shall prevail; also in conjunction with Section 105.2 of the International
Building Code, building permits shall be required on all building
activities with the exception of ordinary repairs and the exceptions
listed in Section 105.2. The Director of Public Works or his/her designee
has complete authority to inspect all buildings being constructed
to insure that the provisions of this Article and code are complied
with.
[Ord. No. 1750, 2-20-2019]
A. The Building Code adopted in Section
500.010 is amended as follows:
(CHAPTER 1 SCOPE AND ADMINISTRATION)
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(SECTION 101 GENERAL)
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1.
101.1 Title. Delete "NAME OF JURISDICTION" and
insert "City of Cottleville, Missouri."
2.
101.2.1 Appendices. Delete in its entirety and
insert:
"Appendix Sections C, E, F, G, I, J, and K are hereby adopted
as referenced in this Section."
3.
105.1.1 Annual Permit. Delete in its entirety.
4.
105.1.2 Annual Permit Records. Delete in its entirety.
5.
105.2 Work Exempt From Permit. Delete in its entirety
and insert:
"Exemptions from permit requirements of this code shall not
be deemed to grant authorization for any work to be done in any manner
in violation of the provisions of this code or any other laws or ordinances
of this jurisdiction. Permits shall not be required for the following:
Building:
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1.
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One-story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area is not
greater than one hundred twenty (120) square feet (11 m2).
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2.
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Fences not over seven (7) feet high.
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3.
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Oil derricks.
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4.
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Retaining walls that are not over four (4) feet (1,219 mm) in
height measured from the adjacent grade to the top of the wall, unless
supporting a surcharge or impounding Class I, II or IIIA liquids.
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5.
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Water tanks supported directly on grade if the capacity is not
greater than five thousand (5,000) gallons (18,927 L) and the ratio
of height to diameter or width is not greater than 2:1.
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6.
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Sidewalks and driveways not more than thirty (30) inches (762
mm) above adjacent grade, and not over any basement or story below
and are not part of an accessible route.
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7.
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Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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8.
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Temporary motion picture, television and theater stage sets
and scenery.
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9.
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Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than twenty-four (24) inches (610 mm) deep, are not
greater than five thousand (5,000) gallons (18,927 L) and are installed
entirely above ground.
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10.
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Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
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11.
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Swings and other playground equipment accessory to detached
one- and two-family dwellings.
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12.
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Window awnings in Group R-3 and U occupancies, supported by
an exterior wall that do not project more than fifty-four (54) inches
(1,372 mm) from the exterior wall and do not require additional support.
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13.
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Non-fixed and movable fixtures, cases, racks, counters and partitions
not over five (5) feet nine (9) inches (1,753 mm) in height.
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14.
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Temporary structures that are located in agricultural districts
and which use is primarily agricultural in nature, that are not accessible
to the general public.
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15.
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Flag poles forty (40) feet or less in height.
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16.
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Replacement of doors and windows where the opening size is not
increased or decreased.
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Electrical:
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Repairs and maintenance: Minor repair work, including the replacement
of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles.
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Radio and television transmitting stations: The provisions of
this code shall not apply to electrical equipment used for radio and
television transmissions, but do apply to equipment and wiring for
a power supply and the installations of towers and antennas.
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Temporary testing systems: A permit shall not be required for
the installation of any temporary system required for the testing
or servicing of electrical equipment or apparatus.
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Gas:
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1.
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Portable heating appliance.
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2.
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Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
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Mechanical:
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1.
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Portable heating appliance.
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2.
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Portable ventilation equipment.
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3.
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Portable cooling unit.
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4.
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Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
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5.
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Replacement of any part that does not alter its approval or
make it unsafe.
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6.
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Portable evaporative cooler.
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7.
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Self-contained refrigeration system containing ten (10) pounds
(4.54 kg) or less of refrigerant and actuated by motors of one (1)
horsepower (0.75 kW) or less.
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Plumbing:
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1.
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The stopping of leaks in concealed traps, drain pipes, water
pipes, soil, waste pipes, or vent pipes, provided, however, that if
any concealed trap, drain pipe, water pipe, soil, waste pipe, or vent
pipe becomes defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered as new work
and a permit shall be obtained and inspection made as provided in
this Code.
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2.
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The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures and the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
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3.
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Fixture replacement with similar fixtures where plumbing connections
are not relocated."
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6.
105.5 Expiration. Delete in its entirety and insert:
"Every permit issued shall become invalid and expired unless
the work on the site authorized by such permit is commenced within
one hundred eighty (180) days after its issuance, or if the work authorized
on the site by such permit is suspended or abandoned for a period
of one (1) year after the time the work is commenced. The Building
Official is authorized to grant, in writing, one (1) or more extensions
of time, for periods not more than one hundred eighty (180) days each.
The extension shall be requested, in writing, and shall be granted
only upon a showing of justifiable cause and substantial progress.
If a permit expires pursuant to this provision, the Building Official
may issue a new permit upon advance payment of an administrative penalty
of the original permit fee or one hundred dollars ($100.00), whichever
is less. The reissued permit must be picked-up within seven (7) days
of the issued date."
7.
105.8 Integrated Permits. This Section shall be
added and shall read as follows:
"The Director of Public Works may issue integrated building,
plumbing, electrical and/or mechanical permits on a single permit
application."
(SECTION 107 SUBMITTAL DOCUMENTS)
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8.
107.1 General. Delete in its entirety and insert:
"Submittal documents consisting of construction documents, statement
of special inspections, geotechnical report and other data shall be
submitted as required by the Building Official with each permit application.
The construction documents shall be prepared by a registered design
professional where required by the statutes of the jurisdiction in
which the project is to be constructed. Where special conditions exist,
the Building Official is authorized to require additional construction
documents to be prepared by a registered design professional.
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."
9.
107.3.1 Approval Of Construction Documents. Delete
in its entirety and insert:
"Where the Building Official issues a permit, the construction
documents shall be approved, in writing, or by a stamp that states
'REVIEWED FOR CODE COMPLIANCE.' One (1) set of construction documents
so reviewed shall be retained by the Building Official. The other
set shall be returned to the applicant, and may be kept at the site
of work or made available at the time of inspection, and shall be
open to inspection by the Building Official."
10.
107.6 Electronic Submission. This Section shall
be added and shall read as follows:
"When design documents, including, but not limited to, plot
plans, site plans, design drawings, and specifications, 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."
(SECTION 110 INSPECTIONS)
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11.
110.7 Workmanship. This Section shall be added
and shall read as follows:
"All work shall be executed in a workmanlike and skilled manner
so that, for example, floors are level, walls are plumb and square,
windows and doors are plumb, square and easily operable, exterior
building envelopes are weather-tight and exclude the elements, building
materials are undamaged, and surfaces are unmarred. All work performed
shall be in compliance with this code, per industry standards, and
in accordance with the manufacturer's installation instructions."
(SECTION 113 BOARD OF APPEALS)
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12.
Section 113 Board Of Appeals. Delete in its entirety
and insert:
"113.1 Board of appeals. There shall be and is
hereby created a Board of Appeals to hear and decide appeals of final
orders, decisions, or determinations made by the Building Official
in the application and interpretation of all codes adopted pursuant
to this Chapter. Any person directly impacted by a final order, decision,
or determination of the Building Official, such that the person would
have standing in a court of law to challenge the order, decision,
or determination, may petition the Board of Appeals for a review of
a final order, decision, or determination of the Building Official.
To the fullest extent permitted by law, the review procedures herein
shall be exhausted before any action may be had in any court against
the City or the Building Official. Any such petition for appeal shall
only be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or any equally good
or better form of construction is proposed. The Board of Appeals shall
have no authority to waive or alter the requirements of this Code.
A petition for appeal must be submitted on a form obtained from the
Building Official within twenty (20) days after the date of the decision
appealed from.
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113.2 Membership of the board. The Board of Adjustment
of the City of Cottleville, Missouri, shall be the Board of Appeals.
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113.2.1 Rules and procedures. The Board of Appeals
is authorized to establish policies and procedures as are necessary
to carry out its duties.
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113.2.2 Disqualification of members. A member of
the Board of Appeals shall not hear an appeal of a matter in which
that member has a personal, professional or financial interest.
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113.2.3 Compensation of members. Members of the
Board of Appeals shall serve without compensation.
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113.3. Petition for appeal. Each petition for appeal
before the Board of Appeals shall include the following:
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1.
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The names and addresses of all the owners of the property subject
to the appeal.
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2.
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Signatures of all the owners of the property and the petitioner(s)
for the building permit.
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3.
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A legal description of the property to be affected.
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4.
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A scaled map of such property, correlated with the legal description,
and clearly showing the property's location.
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5.
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Date of filing with the Board of Appeals.
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6.
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All submittal documents required under Section 107.1.
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7.
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The reasoning for the appeal.
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8.
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The filing fee, which shall be the same as the filing fee for
a variance as set forth in the Municipal Code. The petitioner shall
pay the reporter's charges for making a record of the testimony, objections,
and rulings at the hearing upon such application and, in the event
of an appeal of the decision of the Board of Appeals, for preparing
a transcript of such hearing.
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113.3.1 Review of petition for appeal. A completed
petition for appeal shall be submitted to the Building Official who
shall review the application for compliance with this Chapter and
other ordinances of the City. The application shall be deemed submitted
to the Board of Appeals on the earlier of: (a) when the Building Official,
in his or her sole discretion, finds the application in sufficient
form for review by the Board of Appeals, or (b) sixty (60) days from
submission to the Building Official. A hearing before the Board of
Appeals shall take place at a date no earlier than fourteen (14) days
after and no later than forty-five (45) days after the date of submission.
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113.3.2 Hearing on petition for appeal. All hearings
before the Board of Appeals should be open to the public. The petitioner,
the petitioner's representative, the Building Official, and any person
whose interests are directly affected shall be given an opportunity
to be heard.
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113.3.3 Procedures. The Board of Appeals shall
adopt and make available to the public procedures under which a hearing
will be conducted. Reasonable opportunity shall be given for the preparation
and presentation of evidence bearing on any issue raised or decided
or relief sought or granted. Any formality of procedure may be waived
by mutual consent. The procedures shall not require compliance with
strict rules of evidence, but shall mandate that only relevant information
be received.
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113.4 Board decision. The Board of Appeals may
only modify or reverse the decision of the Building Official by a
concurring vote of four (4) of its members hearing the appeal.
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113.4.1 Copy of decision. The decision of the Board
of Appeals shall be in writing. Copies signed by the Chairman and
Secretary shall be furnished to the petitioner and to the Building
Official.
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113.4.2 Administration. The Building Official shall
take immediate action in accordance with any decision of the Board
of Appeals.
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113.4.3 Court review. A decision of the Board of
Appeals may be appealed to the Circuit Court pursuant to the procedures
for contested cases in Chapter 536, RSMo., only if the appeal is made
within thirty (30) days from the date of the Board's decision."
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13.
114.4. Violation Penalties. Delete in its entirety.
(SECTION 115 STOP WORK ORDER)
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14.
115.2 Issuance. Delete in its entirety and insert:
"The stop work order shall be, in writing, and shall be given
to the owner of the property for which the application was submitted,
the owner's authorized agent, or the person performing the work. Upon
issuance of a stop work order, the work shall immediately cease. The
stop work order shall state the reason(s) for the order and the condition(s)
under which the work will be permitted to resume. Any person served
with a stop work order shall pay an administrative penalty of up to
two hundred fifty dollars ($250.00)."
(SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT)
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15.
116.1 Conditions. Delete "as provided for in this Section" and insert "as provided for in Chapter
505 of the Municipal Code of the City of Cottleville, Missouri."
16.
116.2 Record. After "unsafe condition" insert "as provided for in Chapter
505 of the Municipal Code of the City of Cottleville, Missouri."
17.
116.3 Notice. Delete in its entirety and insert:
"Notice of an unsafe condition shall comply with Chapter
505 of the Municipal Code of the City of Cottleville, Missouri."
18.
116.4 Method Of Service. Delete in its entirety
and insert:
"Notice shall be served as provided for in Chapter
505 of the Municipal Code of the City of Cottleville, Missouri."
(CHAPTER 3 USE AND OCCUPANCY)
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(SECTION 310 RESIDENTIAL GROUP R)
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19.
310.5.1 Care Facilities Within A Dwelling. Delete
in its entirety and insert:
"Care facilities for five (5) or fewer persons receiving care
that are within a single-family dwelling are permitted to comply with
the International Residential Code provided an automatic sprinkler
system is installed in accordance with Section 903.3.1.3 or Section
P2904 of the International Residential Code.
Exception: Child day care facilities in existing buildings complying
with the International Residential Code shall not be required to have
sprinklers."
(CHAPTER 12 INTERIOR ENVIRONMENT)
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(SECTION 1203 VENTILATION)
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20.
1203.90 Roof Vents. This Section shall be added
and shall read as follows:
"The roof system of one (1) story buildings of unlimited area
when of types 2, 3 or 4 construction shall be provided with smoke
and heat vents.
Exception: Vents are not required for buildings subdivided into
spaces not greater than ten thousand (10,000) square feet with fire
separation assemblies of not less than one (1) hour fire-resistance
rating."
21.
1203.91 Vent Size And Spacing. This Section shall
be added and shall read as follows:
"Smoke and heat vents shall be spaced at a maximum spacing of
one hundred fifty (150) feet between centers. One (1) square foot
of open vent area is required per three hundred (300) square feet
of floor area."
(SECTION 1612 FLOOD LOADS)
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22.
1612.3 Establishment Of Flood Hazard Areas. Delete
in its entirety and insert:
"For flood hazard areas, see Chapter
415 of the Municipal Code of the City of Cottleville, Missouri, and Article
XI, Sections
405.245 et seq., of the Unified Development Ordinance of St. Charles County, Missouri."
(CHAPTER 31 SPECIAL CONSTRUCTION)
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(SECTION 3107 SIGNS)
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23.
3107.1 General. Delete in its entirety and insert:
"Signs shall be designed, constructed and maintained in accordance
with this code and the ordinances of the City of Cottleville, Missouri."
[Ord. No. 1750, 2-20-2019]
A. Any person violating any of the provisions of the code adopted in
this Article shall be deemed guilty of an ordinance violation 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 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 ordinance violation and shall
be punishable as such hereunder.
B. Whenever any provision of the Revised Statutes of Missouri or other
Statute of the State limits the authority of the City to punish the
violation of any particular provision of the code adopted in this
Article to a fine of less amount than that provided in this Section
or imprisonment for a shorter term than that provided in this Section,
the violation of such particular provision shall be punished by the
imposition of not more than the maximum fine or imprisonment as authorized,
or by both such fine or imprisonment, if authorized.