A certain document, one copy of which was on file in the office
of the City Clerk of the City of Moscow Mills, Missouri, for at least
90 days before adoption of this section, and shall remain on file
in the office of the City Clerk of the City of Moscow Mills, Missouri,
after adoption of this section, being marked and designated as the
2015 International Building Code, including Appendices C, E, F, G,
I, J, and K, as published by the International Code Council, Inc.,
is adopted by reference as the City of Moscow Mills Building Code
("Building Code") and made a part of this chapter as if fully set
forth herein, with the additions, changes, and deletions, as set forth
below.
Throughout the Building Code adopted in § 39.001, wherever the term "Name of Jurisdiction" or "Local Jurisdiction" appears, it shall be deemed to mean the City of Moscow Mills, Missouri.
Throughout the Building Code adopted in § 39.001, whenever the term "code official" or "building official" appears, it shall be deemed to mean the officer, employee, or agent designated by the Board of Aldermen of the City of Moscow Mills, Missouri.
The 2015 International Building Code, First Printing, (May 2014), adopted in § 39.001, is amended by the following provisions. Each section, subsection or clause of the Code that numerically corresponds to one of the following numbered provisions is hereby amended to read as set forth below, or deleted where so noted. Each following numbered provision without a numerically corresponding section, subsection or clause of the Code is hereby enacted and added thereto.
A.
(SECTION 101).
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101.1 Title: Insert in the space provided: "the
City of Moscow Mills, Missouri."
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101.2.1 Appendices: Delete text and add the following:
Appendix Sections C, E, F, G, H, I, J and K shall hereby be adopted
as referenced in this section.
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B.
(SECTION 105 PERMITS).
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Annual Permit: Delete in entirety.
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Annual Permit Records: Delete in entirety.
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Section 105.2 Work exempt from permit, shall have
the following sections amended.
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105.2 Work exempt from permit. 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:
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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 120 square feet.
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2.
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Fences not over 24 inches.
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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 feet 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 5,000 gallons 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 30 inches 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 24 inches deep, are not greater than 5,000 gallons
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 54 inches from the
exterior wall and do not require additional support.
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13.
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Nonfixed and movable fixtures, cases, racks, counters and partitions
not over five feet nine inches 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 less 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 10 pounds or
less of refrigerant and actuated by motors of one horsepower or less.
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Plumbing:
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1.
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The stopping of leaks in drains, water, soil, waste or vent
pipe, provided, however, that if any concealed trap, drain pipe, water,
soil, waste 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 bathrooms,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or lines.
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3.
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Fixture replacement with similar fixtures where plumbing connections
are not relocated.
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105.5 Expiration. Every permit issued shall become
invalid and expired unless the work on the site authorized by such
permit is commenced within 180 days after its issuance, or if the
work authorized on the site by such permit is suspended or abandoned
for a period of 180 days after the time the work is commenced. The
building official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 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 $100, whichever is less. The reissued permit must be
picked-up within seven days of the issued date.
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C.
(SECTION 107 SUBMITTAL DOCUMENTS).
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107.1 General. 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 only 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.
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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.
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107.90 Electronic submission. Where design documents
including, but not limited to, plot plans, site plans, design drawings,
specifications, etc. are created electronically, the building official
is authorized to require electronic submittal of documents in a portable
document format (PDF) or similar format for review.
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D.
(SECTION 110 INSPECTIONS).
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110.90 Workmanship. 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.
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E.
(SECTION 111 CERTIFICATE OF OCCUPANCY) — is deleted
in its entirety.
F.
(SECTION 113 BOARD OF APPEALS).
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113 Board of Appeals. Delete in entirety and amend
by adding the following:
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B113.1 General Appeals. There shall be and is hereby
created a Board of Appeals to hear and decide appeals of orders, decisions
or determinations made by the building official relative to the application
and interpretation of the Building Code. Any person directly impacted
by an action or decision of the City such that the person would have
standing in a court of law to challenge the action may petition to
the Board of Appeals for a review of any final decision of the building
official under the Building Code. To the fullest extent permitted
by law, the review procedures herein shall be exhausted before any
action may be led in any court against the City or its agents. Any
such application 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 apply,
or an equally good or better form of construction is proposed. The
Board shall have no authority to waive requirements of this Code.
Prior to the City's acceptance of an appeal to the Board of Appeals,
all such questions of intent shall be verified through the International
Code Council. Such reports shall be made public and forwarded to all
parties for consideration of the appeal. An application for appeal
shall be filed on a form provided by the building official within
20 days after the date of the decision appealed from.
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B113.2 Membership of Board. The Board of Appeals
shall consist of five members appointed by the Mayor and approved
by the Board of Aldermen as follows:
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A.
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Current members of the Board of Appeals shall continue to serve
until their current term of office expires.
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B.
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Thereafter, each new or reappointed member shall serve for three
years or until a successor has been appointed.
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B113.2.1 Alternate Members. The Mayor, upon approval
by the Board of Aldermen, shall appoint two alternate members who
shall be called by the Board of Appeals Chairperson to hear appeals
during the absence or disqualification of a member. Alternate members
shall possess the qualifications required for Board membership and
shall be appointed for five years, or until a successor has been appointed.
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B113.2.2 Qualifications. The Board of Appeals shall
consist of members who are qualified by experience and training to
pass on matters pertaining to building construction and are not employees
of the jurisdiction. Members of the Board of Appeals do not have to
be residents of the City but shall be residents of Lincoln County
or an adjoining county. To the fullest extent possible, the Board
of Appeals shall be comprised of:
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A.
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Four members and one alternate from one of the following professions
and disciplines:
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1.
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Registered design professional who is a registered architect;
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2.
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Registered design professional with structural engineering or
architectural experience;
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3.
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Registered design professional with mechanical or plumbing engineering
experience;
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4.
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Registered design professional with electrical engineering experience;
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5.
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Registered design professional with fire protection engineering
experience; or
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6.
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Public works, City engineer, code enforcement, building inspection,
or other regulatory experience.
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B.
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One member and one alternate with experience in one of the following
fields:
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1.
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A builder or superintendent of building construction;
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2.
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Mechanical or plumbing contractor or licensed master plumber;
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3.
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An electrical contractor or licensed electrician; or
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4.
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Fire protection contractor.
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No person may be appointed to or sit on the Board of Appeals
if that person:
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1.
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Has a substantial interest in a sole proprietorship or entity
that develops real property within the City of Moscow Mills, or
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2.
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Has a substantial interest in a contractor employed by any sole
proprietorship or entity that develops real property within the City
of Moscow Mills. For purposes of this section "develops" shall mean
improves, constructs, reconstructs, rehabilitates, finances, or sells
real property or improvements thereon for profit.
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B113.2.3 Rules and Procedures. The Board of Appeals
is authorized to establish policies and procedures necessary to carry
out its duties.
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B113.2.4 Chairperson. The Board of Appeals shall
annually select one of its members to serve as Chairperson.
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B113.2.5 Disqualification of Member. A member shall
not hear an appeal in which that member has a personal, professional
or financial interest.
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B113.2.6 Secretary. The chief administrative officer
shall designate a qualified clerk to serve as secretary to the Board.
The secretary shall file a detailed record of all proceedings with
the City Clerk.
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B113.2.7 Compensation of Members. Board members
shall serve without compensation.
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B113.3 Notice of Hearing. The Board of Appeals
shall endeavor to meet, upon notice from the Chairperson, within 20
days of the filing of an appeal or at stated periodic meetings.
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B113.3.1 Open Hearing. All hearings before the
Board of Appeals shall be open to the public. The appellant, the appellant's
representative, the building official and any person whose interests
are affected shall be given an opportunity to be heard.
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B113.3.2 Procedure. The Board of Appeals shall
adopt and make available to the public, through the Secretary, 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. Where
issues are tried without objection or by consent, such issues shall
be deemed to have been properly before the Board of Appeals. 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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B113.3.3 Postponed Hearing. When five members are
not present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
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B113.4 Board Decision. The Board shall modify or
reverse the decision of the building official by a concurring vote
of four of its members hearing the appeal.
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B113.4.1 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 appellant, the building official,
and the City Clerk.
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B113.4.2 Administration. The building official
shall take immediate action in accordance with the decision of the
Board of Appeals.
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B113.4.3 Court Review. A decision of the Board
of Appeals may be reviewed by the Circuit Court pursuant to the procedures
for contested cases in Chapter 536, RSMo. and shall be filed in the
Circuit Court within 30 days from the date of the Board of Appeal's
decision.
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G.
(SECTION 114 VIOLATIONS).
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114.4 Violation penalties. Any person who violates
a provision of this code or fails to comply with any of the requirements
thereof or who erects, constructs, alters or repairs a building or
structure in violation of the approved construction documents or directive
of the building official, or of a permit or certificate issued under
the provisions of this code, shall be guilty of a ordinance violation
and upon conviction thereof shall be punishable by a fine of not more
than $500 or by imprisonment for a term not exceeding 90 days, or
by both such fine and imprisonment, and each day's continuance
of a violation shall be deemed a separate offense. Under no circumstances
shall any person's sentence be greater than any limit established
by Missouri statutes for the same offense.
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H.
(SECTION 115 STOP WORK ORDER).
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115.2 Issuance. The stop work order shall be in
writing and shall be given to the owner of the property involved,
the owner's authorized agent, or the person performing the work.
Upon issuance of a stop work order, the cited work shall immediately
cease. The stop work order shall state the reason for the order and
the conditions under which the cited work will be permitted to resume.
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I.
(SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT).
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Conditions. Structures or existing equipment that
are or hereafter become unsafe, insanitary or deficient because of
inadequate means of egress facilities, inadequate light and ventilation,
or that constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or that involve illegal or improper occupancy
or inadequate maintenance, shall be deemed an unsafe condition. Unsafe
structures shall be taken down and removed or made safe, as the building
official deems necessary and as provided for in the ordinances of
the City. A vacant structure that is not secured against entry shall
be deemed unsafe.
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116.1 Record. The building official shall cause
a report to be filed on an unsafe condition as provided in the ordinances
of the City. The report shall state the occupancy of the structure
and the nature of the unsafe condition.
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J.
(SECTION 310).
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310.5 Residential Group R-3. Residential occupancies
where the occupants are primarily permanent in nature and not classified
as Group R-1, R-2, R-4 or I, including:
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Buildings that do not contain more than two dwelling units
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Boarding houses (nontransient) with 16 or fewer occupants
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Boarding houses (transient) with 10 or fewer occupants
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Care facilities that provide accommodations for five or fewer
persons receiving care
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Congregate living facilities (nontransient) with 16 or fewer
occupants
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Congregate living facilities (transient) with 10 or fewer occupants
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Owner-occupied lodging houses (transient) with 5 or fewer guestrooms
and 10 or fewer occupants.
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310.5.1 Care facilities within a dwelling. Care
facilities for five 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 with Section P2904 of the
International Residential Code.
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310.5.2 Owner occupied lodging houses. Owner-occupied
lodging houses with five or fewer guestrooms and 10 or fewer occupants
shall be permitted to be constructed in accordance with the International
Residential Code for One- and Two-family Dwellings where equipped
with an automatic sprinkler system in accordance with Section P2904
of the International Residential Code for One- and Two-family Dwellings.
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Exception:
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1.
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Child day care facilities in existing buildings complying with
the International Residential Code shall not be required to be equipped
with an automatic sprinkler system.
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2.
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Child day care facilities shall comply with the requirements
set forth in the ordinances of the City of Moscow Mills, Missouri.
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K.
(CHAPTER 12 INTERIOR ENVIRONMENT).
1.
(SECTION 1203 VENTILATION).
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1203.90 Roof vents. The roof system of one story
buildings of unlimited area when of types 2, 3 or 4 construction shall
be provided with smoke and heat vents.
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Exception: Vents are not required for buildings
subdivided into spaces not greater than 10,000 square feet with fire
separation assemblies of not less than one hour fire-resistance rating.
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1203.91 Vent size and spacing. Smoke and heat vents
shall be spaced at a maximum spacing of 150 feet between centers.
One square foot of open vent area is required per 300 square feet
of floor area.
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M.
(CHAPTER 31 SPECIAL CONSTRUCTION).
1.
(SECTION 3107 SIGNS).
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3107.1 General. Signs shall be designed, constructed and maintained in accordance with Chapter 46 of the Code of the City of Moscow Mills, Missouri.
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2.
(SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES).
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3109.1 General. Aquatic recreation facilities shall
comply with the 2015 International Swimming Pool and Spa Code.
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