[R.O. 2009 §515.150; Ord. No. 2018 §1, 5-5-2003; Ord. No. 2020 §1, 5-5-2003; Ord. No. 2404 §1(a), 11-1-2010; Ord. No. 2406 §1, 11-1-2010; Ord. No. 2716, 5-7-2018; Ord. No. 2949, 8-15-2022]
A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Higginsville, being marked and designated as the International Building Code, 2021 Edition, including Appendix Chapters B, C, F, H, and I, as published by the International Code Council, Inc., be and is hereby adopted as the Building Code of the City of Higginsville in the State of Missouri; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, 2021 Edition, are hereby referred to, adopted and made a part hereof as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 510.170 of this Article.
[R.O. 2009 §515.160; Ord. No. 2020 §2, 5-5-2003; Ord. No. 2406 §1, 11-1-2010; Ord. No. 2716, 5-7-2018; Ord. No. 2949, 8-15-2022]
Any and all ordinances or parts of ordinances of the City of Higginsville in conflict with this Article are hereby repealed.
[R.O. 2009 §515.170; Ord. No. 2020 §3, 5-5-2003; Ord. No. 2143 §1, 10-17-2005; Ord. No. 2406 §1, 11-1-2010; Ord. No. 2716, 5-7-2018; Ord. No. 2949, 8-15-2022]
A. 
The International Building Code, adopted by Section 500.150, is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Building Code, 2021 Edition, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions to the code.
1. 
Section 101.1. Insert: "The City of Higginsville."
2. 
Delete in its entirety Section 101.4.6. Insert revised Section 101.4.6, which shall read as follows:
Energy. The provisions of the International Energy Conservation Code, 2009 Edition, shall apply to matters governing the design and construction of buildings for energy efficiency.
3. 
Section 103.1. Insert: "Building Department."
4. 
Delete in its entirety Section 103.2.
5. 
Delete in its entirety Section 103.3.
6. 
Delete in its entirety Section 105.1.1.
7. 
Delete in its entirety Section 105.1.2.
8. 
Section 105.2. Work exempt from permit.
Building:
Item 1. Delete in its entirety. Add new Item 1 as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than two hundred (200) square feet.
Item 2. Delete in its entirety.
Item 6. Delete in its entirety.
Electrical: Repairs And Maintenance: Delete the statement entirely. Replace with the following statement: Any normal repair, or replacement, that does not alter its approval, add to the system, or make it unsafe.
Mechanical: Item 5. Delete in its entirety. Replace with the following statement: Any normal repair, or replacement of parts, that does not alter its approval, add to the system, or make it unsafe.
9. 
Add a new Section 109.2.1: Fee Schedule.
(a) 
Building Permit Fee. A building permit fee shall be paid by each permit applicant. For new construction, this fee covers all trades (building, electric, plumbing, mechanical, etc.), only this one (1) fee for the whole structure. The building permit fee shall be calculated as follows:
Gross Area x Cost per Sq. Ft. x Construction Modifier x Permit Fee Modifier = Permit Fee,
Where:
Gross Area is the Actual Square Footage of the structure.
Cost Per Square Foot is the average cost of construction per square foot, established semi-annually by the International Code Council, and is available on their website: www.ICCsafe.org.
Construction Modifier is that figure established by the Building Safety Journal magazine, which reflects construction type and use of the building.
Permit Fee Modifier is that figure established annually by the Building Official, which reflects the City's expenses in providing Building Inspection services. The Permit Fee Modifier is based on the percent recovery of the expenses of the Building Inspection Division, established by the Board of Aldermen by Resolution from time to time. Separate rates of recovery may be established for Industrial, Commercial, Multi-Family and Single-Family Structures.
(b) 
Minimum Permit Fees.
(1) 
Unusually Complex Construction. Where the proposed construction is of such a complexity that the cost to the City of obtaining the services of outside engineers, architects, or consultants to review construction plans or perform construction inspections exceeds fifty percent (50%) of the building permit fee, the City may charge the builder/developer/owner the additional costs required, due to the complexity of the construction. The amount of the charge shall be no greater than the actual charges of the outside professional, which exceed fifty percent (50%) of the building permit fee.
(2) 
Mobile Home Permit Fees. Minimum fee for placement of a mobile home in a Mobile Home Park shall be thirty-five dollars ($35.00). This will include inspections of electric service, plumbing attachments, tie downs, and skirting.
(3) 
Minimum Permit Fee. The minimum fee for any permit, including demolition, electric, plumbing, mechanical, or any other permit, shall be twenty-five dollars ($25.00).
(c) 
Penalties Shall Be Charged. A penalty will be charged when:
(1) 
Construction Is Begun Before A Building Permit Has Been Obtained. Where construction is begun before a building permit has been obtained, a penalty equal to twice the permit fee, which would otherwise be applicable, shall be charged.
(2) 
Stop Work Order. When a stop work order has been issued, the builder will be charged a penalty for each inspection required as a result of the stop work order. This charge shall apply to each inspection required, until the circumstances giving rise to the stop work order have been corrected. The amount of the penalty charged shall be equal to the actual cost to the City of the inspections required, pursuant to a schedule of hourly rates established by the City annually.
10. 
Section 109.6 is amended to read as follows:
Fee Refunds. The Code Official shall authorize the refunding of fees as follows:
(a) 
The full amount of any fee paid hereunder, that was erroneously paid or collected.
(b) 
Not more than ninety percent (90%) of the permit fee paid when no work has been done under a permit issued in accordance with this code, and the application has been withdrawn or canceled before any plan review effort has been expended.
(c) 
The Code Official shall not authorize the refunding of any fee paid, except upon written application filed by the original applicant, or their agent, not later than one hundred eighty (180) days after the date of fee payment.
11. 
Delete Section 111.3 in its entirety, and add new Section 111.3 as follows:
Section 111.3: Temporary Occupancy. Upon the request of the holder of a permit, the Code Official shall issue a temporary certificate of use and occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided, that the holder of the permit has requested and received prior approval from the Utility Directors of the City of Higginsville and the Building Official on a form provided by the City to the permit holder, and the Building Official determines that all such portion or portions can be occupied safely prior to full completion of the building, structure or project without endangering life or public welfare. Such temporary certificate of use and occupancy shall be issued with a stated expiration date. The holder shall provide the City with a Pledge Agreement in an amount sufficient to complete the work. If the work is not completed by the stated expiration date, the Pledge Agreement will be exercised and work completed. Renewals of temporary certificate of use and occupancy shall not be allowed. The fee for issuance of a temporary certificate of use and occupancy shall be fifty percent (50%) of the original building permit fee, which shall be refunded if the work is completed prior to expiration of temporary certificate of use and occupancy.
12. 
Delete Section 114.4 in its entirety, and add new Section 114.4 as follows:
Section 114.4: Violation Penalties. Persons who shall be found guilty of violating a provision of this code or failing to comply with any of the requirements thereof or who erect, install, alter or repair any structure in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
13. 
Delete Section 115.4 in its entirety, and add new Section 115.4 as follows:
Section 115.3: Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
14. 
Amend Section 116, Unsafe Structures And Equipment, to read in its entirety as follows: Unsafe Conditions. Unsafe structures are to be addressed according to Higginsville City Code Chapter 505. Existing equipment that is or hereafter becomes unsafe, insanitary, or deficient or constitutes a fire hazard, or is otherwise dangerous to human life or the public welfare, or that involves inadequate maintenance, shall be deemed an unsafe condition. A vacant structure that is not secured from unauthorized entry shall be deemed unsafe.
15. 
Section 1612.3. Insert: "City of Higginsville."
16. 
Section 1612.3. Insert: "October 29, 1976."
17. 
Section 1809.5 Exception 2 changed to read "200 square feet" instead of "400 square feet" and "600 square feet."
18. 
Amend Section B101.2 by adding a last sentence, which states: "A filing fee of one hundred dollars ($100.00) shall be paid when application is submitted."
19. 
Insert the number five (5) in Section B101.3.
20. 
Delete Section B101.3.7 in its entirety.
21. 
Section B101.5: Add new last sentence which states: "The Board shall meet at the earliest possible date that five (5) qualified members or alternates can attend."
22. 
Delete Section B101.8 in its entirety. Add new Section B101.8 Court Review. Any person aggrieved by a decision of the Board of Appeals, or any officer or official of the jurisdiction, may appeal to the appropriate court for a review of such decisions. Application for review shall be made to the proper court of jurisdiction, within fifteen (15) days after the filing of the Board's decision in the office of the Code Official.
23. 
Add new Section H101.1.1.
Section H101.1.1 Precedence. Where differences occur between this code and the Higginsville Code of Ordinances, the Higginsville Code of Ordinances shall apply.
Any person violating any of the provisions of this Article or 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 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.