City of Cottleville, MO Building Code Adopted

[1]

Editor's Note: Former Article I, Building Code Adopted, containing Sections 500.010 through 500.050, was repealed 2-20-2019 by Ord. No. 1750.

[Ord. No. 1750, 2-20-2019]

The Building Code adopted in Section 500.010 is amended as follows:

(CHAPTER 1 SCOPE AND ADMINISTRATION)

(SECTION 101 GENERAL)

101.1 Title. Delete "NAME OF JURISDICTION" and insert "City of Cottleville, Missouri."

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."

(SECTION 105 PERMITS)

105.1.1 Annual Permit. Delete in its entirety.

105.1.2 Annual Permit Records. Delete in its entirety.

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:
1.	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).
2.	Fences not over seven (7) feet high.
3.	Oil derricks.
4.	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.
5.	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.
6.	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.
7.	Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8.	Temporary motion picture, television and theater stage sets and scenery.
9.	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.
10.	Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11.	Swings and other playground equipment accessory to detached one- and two-family dwellings.
12.	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.
13.	Non-fixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches (1,753 mm) in height.
14.	Temporary structures that are located in agricultural districts and which use is primarily agricultural in nature, that are not accessible to the general public.
15.	Flag poles forty (40) feet or less in height.
16.	Replacement of doors and windows where the opening size is not increased or decreased.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

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.

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.

Gas:
1.	Portable heating appliance.
2.	Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:
1.	Portable heating appliance.
2.	Portable ventilation equipment.
3.	Portable cooling unit.
4.	Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5.	Replacement of any part that does not alter its approval or make it unsafe.
6.	Portable evaporative cooler.
7.	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.

Plumbing:
1.	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.
2.	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.
3.	Fixture replacement with similar fixtures where plumbing connections are not relocated."

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."

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)

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."

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)

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)

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.
113.2 Membership of the board. The Board of Adjustment of the City of Cottleville, Missouri, shall be the Board of Appeals.
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.
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.
113.2.3 Compensation of members. Members of the Board of Appeals shall serve without compensation.
113.3. Petition for appeal. Each petition for appeal before the Board of Appeals shall include the following:
1.	The names and addresses of all the owners of the property subject to the appeal.
2.	Signatures of all the owners of the property and the petitioner(s) for the building permit.
3.	A legal description of the property to be affected.
4.	A scaled map of such property, correlated with the legal description, and clearly showing the property's location.
5.	Date of filing with the Board of Appeals.
6.	All submittal documents required under Section 107.1.
7.	The reasoning for the appeal.
8.	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.
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.
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.
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.
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.
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.
113.4.2 Administration. The Building Official shall take immediate action in accordance with any decision of the Board of Appeals.
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."

(SECTION 114 VIOLATIONS)

13.

114.4. Violation Penalties. Delete in its entirety.

(SECTION 115 STOP WORK ORDER)

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)

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)

(SECTION 310 RESIDENTIAL GROUP R)

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)

(SECTION 1203 VENTILATION)

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)

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)

(SECTION 3107 SIGNS)

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."