[Ord. No. 2019-15, 4-23-2019]
A.
This Building Code is an ordinance for the purpose of prescribing,
regulating and governing the erection, construction, enlargement,
alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use, height, area, maintenance and all matters relating
thereto for the prevention of conditions hazardous to life and property
and for the common welfare, protection and benefit of the residents
of the City.
B.
General Regulations.
1.
Construction, demolition and property development within the City
of Lexington, Missouri, both on private and public properties, shall
be regulated under the provisions of the International Building Code
as adopted in Section 6-29(C) and/or under the current Code of Ordinances
of the City of Lexington.
2.
In any case where a provision of the IBC is found to be in conflict
with a provision of any zoning, fire, safety, health, building, mechanical,
electrical or plumbing code or ordinance of the Code of Ordinances
of the City of Lexington, the provision which establishes the higher
standard for the promotion and protection of the safety and health
of the people shall prevail.
C.
The following codes, and any subsequent amendments thereto, are hereby adopted as the Building Codes of the City of Lexington, in the State of Missouri, with additions, insertions, deletions and changes, if any, set forth herein, and each and all of the regulations, provisions, penalties, except as noted in Section 6-30, conditions and terms of said codes are hereby adopted, and made a part hereof, as if fully set out in this Section:
1.
International Building Code 2018.
2.
International Residential Building Code 2018.
3.
International Property Maintenance Code 2018.
4.
National Electrical Code®, NFPA 70,
2017 Edition.
5.
International Fire Code 2018.
6.
International Mechanical Code 2018.
7.
International Plumbing Code 2018.
8.
International Fuel Gas Code 2018.
9.
International Private Sewage Disposal Code 2018.
10.
International Existing Building Code 2018.
11.
International Energy Conservation Code 2018.
12.
International Swimming Pool and Spa Code 2018.
13.
Accessible and Usable Buildings and Facilities 2009.
E.
The following Appendixes to the International Building Code, 2018
Edition, shall be adopted by the City:
F.
The 2018 Edition of the International Codes, Appendixes and subsequent
amendments to said codes shall remain on file for public use, inspection
and examination in the office of the City Clerk. The Building Official
shall perform the functions provided for the Building Official in
the 2018 International Codes, except any repealed portions, and shall
have such other functions as may be provided from time to time.
[Ord. No. 2019-36, 8-13-2019; Ord. No. 2020-49, 12-8-2020]
B.
The 2018
International Residential Code is amended as follows:
1.
Section
R313.3: Add the following per Section 67.281.1, RSMo.:
A builder of one- or two-family dwellings or townhouses shall
offer to any purchaser, on or before the time of entering into the
purchase contract, the option at the purchaser's cost to install or
equip an automatic fire sprinkler system in the dwelling or townhouse.
Notwithstanding any other provision of the law to the contrary, no
purchaser of such a one- or two-family dwelling or townhouse shall
be denied the right to choose or decline an automatic fire sprinkler
in such dwelling or townhouse being purchased.
[Ord. No. 2019-15, 4-23-2019]
B.
It is a violation of City Code to begin construction without having
obtained all required permits.
1.
Any owner or authorized agent who intends to erect, construct, enlarge,
alter, repair, move, demolish a building or structure, change the
occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical
or plumbing system, or any other installation or repair of which is
regulated by this code, or to cause any such work to be done, shall
first make application to the building official and obtain the required
permit.
2.
All building permits shall be issued for a maximum period of one
hundred eighty (180) calendar days, except that where a project is
planned to be accomplished over a longer period of time, the Building
Official may, at initial issuance of the permit, issue a permit with
an extended termination date. The Building Official may, where the
permit holder can demonstrate in a written report that unusual circumstances
have created unavoidable delays, issue an extension not to exceed
ninety (90) calendar days.
3.
In the event any person, firm or corporation shall fail to obtain
the necessary permit within one (1) week after being notified in writing
to do so by the Building Official, the Building Official may assess
double permit fees and require the owner or contractor to remove construction
for which required building permits or inspection fees have not been
paid. No inspections will be made until required permits have been
obtained.
4.
Notice Of Violation. Whenever the Code Official determines that there
has been a violation of this code or has grounds to believe that a
violation has occurred, the Code Official is authorized to serve a
notice of violation or stop-work order on the person responsible for
violations of this code, or in violation of a permit or certificate
issued under the provisions of this code. Such order shall be in writing
and direct the discontinuance of the illegal action or condition and
the abatement of the violation. The notice may be served in the most
expeditious method available, including posting the notice at the
work site.
5.
Permit Fees.
a.
All permit fees shall be assessed in accordance with Table A. Construction
values to be used in permit fee calculation shall include the total
value of the work for which the permit is issued and are typically
contract values. The Building Official shall make determination of
the valuation, using any one or a combination of the following resources:
[1]
Applicant's stated project value.
[2]
International Code Council (ICC) Building Valuation Data - February
2018 or subsequent revisions.
[3]
Similar work previously approved by the City.
[4]
When materials, labor or equipment are provided by others, the
value of those items shall be included in the valuation for the scope
of work in the permit to which they apply. For building permit valuations
this will also include site preparation work.
[5]
Construction projects may be broken into multiple contracts,
i.e., site preparation, building construction, electrical, plumbing,
paving, etc., and performed by different contractors. All elements
may be combined under a single permit to the prime contractor if contractors
are performing as subcontractors to the prime. If not, then each element
will require a separate permit issued to the performing contractor.
b.
Churches, schools and not-for-profit organizations will not be charged
a permit fee. However, permit applications shall be submitted and
all other requirements of the building permit will be applicable.
6.
Expired permits cannot be reissued without a payment of additional
fees as posted in Table A, Building Permits and General Inspection
Fees.
C.
Building Permits And General Inspection Fees.
|
Table A
| |
|---|---|
|
Building Permits and General Inspection Fees
| |
|
Valuation
|
Permit Fee
|
|
$1.00 to $500.00
|
$15.00
|
|
$501.00 to $2,000.00
|
$15.00 for the first $500.00, plus $2.00 for each additional
$100.00 or fraction thereof, to and including $2,000.00
|
|
$2,001.00 to $25,000.00
|
$45.00 for the first $2,000.00, plus $8.00 for each additional
$1,000.00 or fraction thereof, to and including $25,000.00
|
|
$25,001.00 to $50,000.00
|
$229.00 for the first $25,000.00, plus $6.00 for each additional
$1,000.00 or fraction thereof, to and including $50,000.00
|
|
$50,001.00 to $100,000.00
|
$379.00 for the first $50,000.00, plus $4.00 for each additional
$1,000.00 or fraction thereof, to and including $100,000.00
|
|
$100,001.00 to $500,000.00
|
$579.00 for the first $100,000.00, plus $3.00 for each additional
$1,000.00 or fraction thereof, to and including $500,000.00
|
|
$500,001.00 to $1,000,000.00
|
$1,779.00 for the first $500,000.00, plus $2.00 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00
|
|
$1,000,001.00 and up
|
$2,779.00 for the first $1,000,000.00, plus $1.00 for each additional
$1,000.00 or fraction thereof
|
|
Demolition
|
Flat fee of $25.00
|
|
Water heater replacement
|
Flat fee of $10.00
|
|
Sidewalk and driveway
|
Flat fee of $20.00
|
|
All fencing, residential [reference Section 29-37.1(B)], commercial
or industrial
|
Flat fee of $10.00
|
|
Roof replacement
|
Flat fee of $25.00
|
|
Installation of siding on existing structures
|
Flat fee of $25.00
|
|
Portable buildings/structures with footprint area greater than
99 square feet
|
Flat Fee of $10.00
|
|
Garages and accessory buildings on foundations or otherwise
designed or anchored to be non-movable, regardless of size
|
Based on project value
|
|
All sidewalks and driveways
|
Flat fee of $20.00
|
|
Flat fee of $10.00
| |
[Ord. No. 2019-15, 4-23-2019]
A.
Violation.
1.
Penalties And Punishment. Any person, firm or organization found in violation of any section of Chapter 6 of the Code of Ordinances of the City of Lexington, or who shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, or of a permit or certificate used under provisions of the codes adopted herein, shall be guilty of a breach of ordinance punishable by a fine or imprisonment, or by both fine and imprisonment. Such fine may not exceed one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, then such fine may not exceed two thousand dollars ($2,000.00). (RSMo. 67-410)
2.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
B.
Abatement Of Violation. In addition to the imposition of the penalties
herein described, the Code Official is authorized to institute appropriate
action to prevent unlawful construction or to restrain, correct or
abate a violation; or to prevent illegal occupancy of a structure
or premises; or to stop an illegal act, conduct of business or occupancy
of a structure on or about any premises.
[Ord. No. 2019-15, 4-23-2019]
Should any section, sentence or clause of this Chapter be declared
invalid or unconstitutional, such declaration shall not affect the
validity of the remaining sections, sentences or clauses.
