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Legislation #: 120375 Introduction Date: 4/19/2012
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 18, the Kansas City Building _ Rehabilitation Code (KCBRC), by adopting the latest editions of the currently adopted, nationally recognized model codes for use in building construction.

Legislation History
DateMinutesDescription
4/19/2012 Filed by the Clerk's office
4/19/2012 Referred to Planning, Zoning & Economic Development Committee
4/25/2012 Hold On Agenda (5/16/2012)
5/16/2012 Do Pass as a Committee Substitute
5/17/2012 Assigned Third Read Calendar as Substituted
5/24/2012 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120375

 

Amending Chapter 18, the Kansas City Building & Rehabilitation Code (KCBRC), by adopting the latest editions of the currently adopted, nationally recognized model codes for use in building construction.

 

WHEREAS, this ordinance adopts all or parts of several model codes; and

 

WHEREAS, Section 67.280, Revised Statutes of Missouri, requires that copies of model codes adopted by reference by a city be filed with the City Clerk for not less than 90 days before the codes may be adopted and the City has complied with that requirement; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 18, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing the entire chapter and enacting in lieu thereof, new sections of like number and subject matter, to read as follows:

 

ARTICLE I. IN GENERAL

 

Sec. 18-1. Title of chapter; designation of building official.

 

(a) This chapter shall be known as the Building and Rehabilitation Code. Unless otherwise indicated by its use and context, the term “this chapter” shall refer to this chapter 18 including all provisions incorporated by reference herein.

 

(b) The building official shall be known as the director of city development, and such term shall include his authorized representatives. Further, whenever the term or title “administrative authority,” “code enforcement officer,” “responsible official,” “building official,” “director” or other similar designation is used in any of the codes adopted by reference by this chapter, it shall be construed to mean the director of city development, or his designee and authorized representatives.

 

Sec. 18-2. Purpose and scope of chapter; referenced codes.

 

(a) Purpose. This chapter shall be construed to secure its expressed intent, which is to provide minimum requirements to safeguard the public safety, health and general welfare, insofar as they are affected by building construction, through structural strength, adequate means of egress facilities, stability, sanitary equipment, light and ventilation, energy conservation, erosion and sediment control and fire safety; and in general to promote safety to life and property from fire and other hazards incident to the construction, design, erection, installation, alteration, addition, removal, demolition, replacement, location, relocation, moving, quality of materials or use and occupancy, operation and maintenance of buildings, structures or premises, and to provide safety to fire fighters and emergency responders during emergency operations.

 

The purpose of this chapter is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

 

(b) Scope. This chapter provides the administrative and technical provisions to be followed by all persons engaged in the construction, design, erection, installation, alteration, addition, removal, demolition, replacement, location, relocation, land disturbance, moving, quality of materials, or use and occupancy, operation and maintenance of buildings, structures or premises, as regulated by this chapter. This chapter does not apply to public infrastructure or work in a public right-of-way except as expressly indicated herein. All references to any provisions in the administrative chapters of the referenced model codes shall be construed to be a reference to the provisions of Article I.

 

(c) Referenced codes. The other codes listed in sections (1) through (8) and referenced elsewhere in this chapter shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator or energy conservation code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator or energy conservation code specifically adopted by reference in Articles II through XIV of this chapter.

 

(1)               Building. The provisions of the International Building Code, as amended, shall apply to the construction, design, erection, installation, alteration, addition, removal, demolition, replacement, location, maintenance, land disturbance, moving, quality of materials, or use and occupancy of every building or structure or any appurtenances connected or attached to such buildings or structures. See Article II of this chapter.

(2)               Electrical. The provisions of the National Electrical Code, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. See Article IV of this chapter.

(3)               Gas. The provisions of the International Fuel Gas Code, as amended, shall apply to the installation of gas appliances and related accessories as covered in this code. These requirements apply to the installation and operation of residential and commercial gas appliances and related accessories. See article V of this chapter. For requirements regarding the installation of gas piping from the point of delivery to the inlet connections of appliances, see Article VII, Uniform Plumbing Code.

(4)               Mechanical. The provisions of the International Mechanical Code, as amended, shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems. See Article VI of this chapter.

(5)               Plumbing. The provisions of the Uniform Plumbing Code, as amended, shall apply to the installation, alteration, repair and replacement of plumbing and fuel gas piping systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. See Article VII of this chapter. The provisions of the International Private Sewage Disposal Code, as amended, shall apply to private sewage disposal systems for one- and two-family dwellings only. See Article VIII of this chapter.

(6)               Energy. The provisions of the International Energy Conservation Code, as amended, shall apply to all matters governing the design and construction of buildings for energy efficiency. See Article XIV of this chapter.

 

Exceptions:

 

(a)                Detached one- and two-family dwellings and multiple single family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code, as amended. See Article III of this chapter.

(b)               Existing buildings and structures undergoing repair, alterations, additions or change of occupancy shall be permitted to comply with the International Existing Building Code, as amended. See Article XIII of this chapter.

(d)               Process. The building official shall have the responsibility to make timely recommendations to update this chapter, upon the publication of nationally recognized model codes. Technical committees shall be established to assist the building official in determining recommendations for the adoption of any model code.

 

(Sec. 18-3. Conflicting provisions.

(a) Wherever conflicting provisions or requirements occur between this chapter and the model codes adopted by this chapter, this chapter shall apply.

 

(b) Wherever conflicting provisions or requirements occur between this chapter and any other municipal codes or laws, the most restrictive shall govern. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.

 

(c) Where in any specific case different sections within this chapter specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

 

(d) Where conflicts occur between any specific provisions of this article and any administrative provisions in the remaining articles of this chapter which are then applicable, those provisions becoming the law last in time shall prevail.

 

(e) Wherever in this chapter reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted.

 

(f) References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter.

 

(g) The codes and standards referenced in this code shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and referenced codes and standards, the provisions of this chapter shall apply.

 

(h) In the event that any part or provision of this chapter is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

 

Sec. 18-4. Applicability of chapter to existing buildings and building service equipment.

 

(a) Generally. The legal use and occupancy of any structure existing on the date of adoption of this chapter shall be permitted to continue without change provided such continued use is not dangerous to life, and as may be specifically covered in this chapter, the fire code or as may be deemed necessary by the building official for the general safety and welfare of the occupants and the public.

 

(b) Ordinary repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements, nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer drainage, drain leader, gas, soil, waste, vent or similar piping; electric wiring; or mechanical or other work affecting public health or general safety.

 

(c) Exit enclosures for existing buildings.

 

(1) Scope. The provisions of this subsection (c) shall apply to existing Group R-1 and R-2 occupancies, that is, apartments and hotels three stories or more in height.

 

(2) Enclosures required. Unless otherwise excepted by subsection (c)(6)f of this section, every interior stairway, ramp or escalator shall be enclosed as specified in this section.

 

(3) Enclosure construction. Every interior stairway, ramp or escalator shall be enclosed with walls of not less than one-hour fire resistive construction. Where existing partitions form part of a stairwell enclosure, wood lath and plaster in good condition or one-half-inch gypsum wallboard in good condition, or an equivalent approved by the building official, may be substituted for one-hour fire resistive construction.

 

(4) Openings into enclosures. There shall be no openings into exit enclosures except exit doorways and openings in exterior walls. Doors in stairway, ramp and escalator enclosures shall be protected by a self-closing solid wood door not less than 1 3/4 inches thick, or an equivalent approved by the building official. Enclosures shall include landings between flights and corridors, passageways or public rooms necessary for continuous exit to the exterior of the building.

 

(5) Approval by building official. When presented with a request for permission to substitute construction type or material under the provisions of this section, the building official shall consider, but is not limited to, similar provisions of this code and related standards, the fire code, the use of requested substitution in common construction practice, federal and state recommendations, and the level of safety afforded inhabitants of the building by the substitution.

 

(6) Exceptions. The provisions of subsections (c)(1) through (5) of this section shall not apply to the following situations:

 

a. The stairway, ramp or escalator need not be enclosed in a continuous shaft if cut off at each story by the fire resistive construction required by this section for stairway, ramp and escalator enclosures.

 

b. An enclosure shall not be required for a stairway, ramp or escalator serving only one adjacent floor and not connected with corridors or stairways serving other floors.

 

c. Stairs within individual apartments and hotel rooms need not be enclosed.

 

d. Buildings with at least one functional interior enclosed stairwell providing access from each apartment or hotel room may have unprotected secondary exits.

 

e. Stairwells, ramps and escalator enclosures in buildings five or fewer stories in height with an exterior stairway or fire escape serving as a secondary exit from each apartment or hotel room need not be enclosed, provided access from each apartment or hotel room is directly onto the exterior stairway or fire escape.

 

f. An enclosure shall not be required for stairways, ramps or escalators in lobby or mezzanine areas not leading to sleeping areas.

 

g. Enclosures shall not be required if an automatic sprinkler system is provided for the stairway, ramp or escalator area.

 

(7) Alternative standards. In addition to the powers and duties of the building and fire codes board of appeals as set forth in section 18-12, the board may consider the cost of proposed retrospective requirements if raised by the appellant. In cases of gross economic hardship, determined by considering but not being limited to any of the following elements, it may require alternative fire prevention and safety measures: sale value of the building, value of the building less present encumbrances, availability of financing, appellant's net worth, effect on tenants and public, and the degree of additional protection fire resistant material and enclosed stairwells would provide.

 

(d) Underground space.

 

(1) Generally. Underground space to which additions, alterations or repairs are made shall comply with all the requirements for new space except as specifically provided in this section. Improvements such as building construction within such existing underground space shall be regulated as applicable by requirements of this chapter including modifications in article XI of this chapter.

 

(2) Additions, alterations and repairs of more than 50 percent. When additions, alterations or repairs of underground space within any 12-month period exceed 50 percent of the area of an existing underground space, such space shall be made to conform to the requirements for new underground space.

 

(3) Additions alterations and repairs of 25 to 50 percent. Additions, alterations and repairs exceeding 25 percent but not exceeding 50 percent of the area of an existing underground space and complying with the requirements for new space may be made to such space within any 12-month period, without making the entire space comply.

 

(4) Additions, alterations and repairs of 25 percent or less. Structural additions, alterations and repairs to any portion of an existing underground space, within any 12-month period, not exceeding 25 percent of the area of the space shall comply with all the requirements for new space; except that minor structural additions, alterations or repairs, when approved by the building official, may be made with the same materials of which the space is constructed.

 

(5) Continuation of existing occupancy. Underground space in existence on December 16, 1982, may have its existing use or occupancy continued, if such use or occupancy was legal at that time, providing such continued use is not dangerous to life.

 

(6) Maintenance. All underground space, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this article in a space when developed, altered or repaired shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of underground space.

 

(e) Construction in floodplain. The provisions of chapter 28 of the Code of Ordinances must be met for any alteration, encroachment or substantial improvement accomplished in a regulatory floodplain as designated on the official floodplain document.

 

Sec. 18-5. Approved materials, alternate materials, design and methods of construction and equipment.

 

(a) The provisions of this chapter are not intended to prevent the installation of any material or method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved.

 

(b) The building official shall approve any alternative material, design or method of construction that he finds to be satisfactory and in compliance with the provisions of this chapter and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability, safety and sanitation.

 

(c) The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the use of any alternative material, design or method of construction. The details of any action granting approval shall be recorded and entered into the files of the department of city planning and development.

 

(d) Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. The use of used materials which meet the requirements of this chapter for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

 

Sec. 18-6. Modifications.

 

Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative. The building official shall first find that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purpose of this chapter, and that such modification does not lessen health, life and fire safety requirements or any degree of structural integrity. The details of actions granting modifications shall be recorded and entered in the files of the department of city planning and development.

 

Sec. 18-7. Tests.

 

(a) Whenever there is insufficient evidence of compliance with any of the provisions of this chapter, or evidence that materials or construction do not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the city.

 

(b) Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the building official shall approve the test procedures.

 

(c) All tests shall be made by an approved agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records.

 

Sec. 18-8. Enforcement agency.

 

The department of City Planning and Development is charged with the enforcement of this chapter.

 

Sec. 18-9. Duties and powers of the building official.

 

(a)                General. The building official is hereby authorized and directed to enforce the provisions of this chapter. For such purposes, the building official shall have the powers of a law enforcement officer to issue written orders in the enforcement of this chapter and deem unsafe conditions as prescribed in section 18-10. The building official shall have the authority to render interpretations of this chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this chapter. Such interpretations, policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter.

(b)               Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this chapter.

(c)                Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this chapter.

(d)               Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

(e)                Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.

(f) Right of entry. When it is necessary to make an inspection or to enforce the provisions of this chapter, or any other code, ordinance, law, regulation or administrative order within the authority of the building official to enforce, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building any condition which is contrary to or in violation of this chapter, or any other code, ordinance, law, regulation or administrative order within the authority of the building official to enforce, or makes the building or premises unsafe, dangerous or hazardous the building official or his authorized representative may enter the building or premises during normal work hours or, in the case of an emergency at any reasonable time to inspect or to perform any duty imposed upon the building official by the Code of Ordinances; provided, if such property be occupied, the building official or his authorized representative shall first present proper credentials and request and obtain permission to enter before entering the building or premises. Reasonable effort must be made to locate the owner or other persons having charge or control of the property when seeking permission for entry.

(1) If no consent has been given to enter or inspect any building or premises, no entry or inspection shall be made without the procurement of a warrant from the judge presiding in the Ninth Division or, if that judge is not available, from any other judge presiding in the municipal division, Kansas City, 16th Judicial Circuit Court of Missouri. The court may consider of the following factors in its decision as to whether a warrant shall issue:

 

a. Eyewitness account of violation.

 

b. Citizen complaint(s).

 

c. Tenant complaint(s).

 

d. Plain view violations.

 

e. Violations apparent from city records.

 

f. Nature of alleged violation, the threat to life or safety and imminent risk of significant property damage.

 

g. Previous unabated violations in the building or on the premises.

 

(2) Cause supporting issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of nonconformity exists with respect to a building or premises in violation of the provisions of the Code of Ordinances and based upon at least two of the factors set forth in subsection (f)(1).

 

(3) The building official or his authorized representative may enter the premises without consent or a search warrant to make an inspection or enforce any of the provisions of the Code of Ordinances only when an emergency exists as prescribed in section 18-10(h) of this chapter, or when the premises are abandoned.

 

(4) If a complaint in writing is filed by the building official or an authorized representative, any police officer, deputy, or city attorney of the city, with the municipal division judge of the circuit court, stating that there is probable cause to believe there exists in a building or structure more particularly described therein, a violation or violations of provisions of the Code of Ordinances, and is within the territorial jurisdiction of the city, and if such complaint is verified by the oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the authorized person to search the structure or premises therein described for the purposes requested. Such search warrant may be executed and returned only within ten days after the date of its issuance. The person authorized to search shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this code discovered pursuant to such search. Refusal to honor a search warrant and permit inspection of the premises shall constitute an ordinance violation. Execution of a search warrant, under this section, shall not be by forcible entry.

 

(5) Unless emergency conditions exist, or until a notice of violation and a reasonable opportunity to correct the violation is afforded the person, a summons shall not be served upon a resident, property owner, or other responsible person, which alleges a violation of this code based upon conditions discovered incidental to, and solely as a result of, conducting an investigation pursuant to the authority of a search warrant, but which is not the subject of the search warrant.

 

(g) Stop work orders.

 

(1)               Notice. Upon notice from the building official that work on any building or structure is being pursued contrary to the provisions of the Code of Ordinances, or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to any persons owning, leasing, maintaining or occupying premises where work is being done; and shall state the conditions under which work will be permitted to resume.

(2)               Unlawful continuance. Any person who shall continue any work in or about the structure 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 in violation of this code.

 

(h) Occupancy violations. Whenever any building or structure or building service equipment therein regulated by the code is being used contrary to the provisions of the code, the building official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of the code. Failing to discontinue such use when ordered is a violation of this chapter. Unless authorized by the building official, removing a posted notice or sign indicating that a structure is not to be occupied is a violation of this chapter.

 

(i) Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

 

(j) Liability. The building official or an authorized representative charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not be rendered personally liable for damages that may accrue to persons or property as a result of any such official act or by reason of any act or omission in the discharge of such official duties. Any suit brought against the building official or employee because of such act or omission, performed in the enforcement of any provision of this chapter or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the department of city planning and development, shall be defended, under the terms of the cumulative claim reserve fund, by the city until final termination of such proceedings. Any judgment resulting therefrom shall be assumed by the city, under the terms of the cumulative claim reserve fund. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the department of city planning and development or the city be held as assuming any such liability by reason of the inspections authorized by this chapter or approvals issued under this chapter.

 

(k) Cooperation of other officials and officers. The building official may request, and shall receive, the assistance and cooperation of other city officials so far as is required in the discharge of the duties required by this chapter or other pertinent law or ordinance.

 

(l) Building numbers. The building official is authorized to promulgate standards by which buildings are numbered and to assign or reassign numbers and addresses according to those standards.

 

(m) Rules and regulations. The building official is authorized to make and promulgate reasonable and necessary rules and regulations to provide for the efficient administration of this chapter, and to implement the substantive and procedural requirements of this chapter. A copy of rules and regulations shall be filed in the office of the director of records.

 

Sec. 18-10. Unsafe structures and equipment.

 

(a) General. No person, firm, corporation, partnership, association, organization or governmental agency properly regulated by the city shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, maintain or own any building, building use, structure, sign, appendage or building service equipment in an unsafe manner.

 

(b)               Conditions. Structures or equipment which are or hereafter become unsafe, unsanitary or deficient because of, but not limited to, inadequate means of egress facilities, inadequate light and ventilation, or inadequate life-safety systems; or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare due to inadequate maintenance, dilapidation, obsolescence, fire, disaster, damage, failure or abandonment; or which involve illegal or improper use or occupancy; shall be deemed unsafe. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry may be deemed unsafe by the building official.

(c)                Notice. If an unsafe condition is found, the building official may serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.

(d)               Method of service. Such notice shall be deemed properly served if a copy thereof is: (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

(e)                Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of section 18-4(b) of this chapter and Chapter 34 of the International Building Code, as amended.

(f)                Maintenance of signs. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Signs which no longer advertise a bona fide business, product or service shall be removed by the owner, agent or person having the beneficial use of the premises upon which such sign may be found within 30 days after vacating the premises.

(g) Unsafe underground spaces, buildings, structures. All unsafe underground spaces, buildings, structures or portions thereof are regulated as provided in subsections (a) and (b) of this section.

(h) Emergency measures. Where it reasonably appears there is an immediate danger to the health, safety or welfare of any person, the building official may take emergency measures to vacate and repair or demolish an unsafe building, building use, structure, sign or appendage.

 

Sec. 18-11. Service utilities.

 

(a)                Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by this chapter for which a permit is required, until approved and released by the building official.

(b)               Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. See 18-16(a)(4) for permit requirements and limitations.

(c)                Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

(d)               Connection after order to disconnect. No person shall make connections from any energy, fuel or power supply or supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

Sec. 18-12. Building and fire codes board of appeals.

 

(a) Purpose; general powers and duties.

 

(1) In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this chapter, and of orders, decisions or determinations made by the fire director relative to the application and interpretation of the fire code, there shall be and is hereby created the building and fire codes board of appeals, referred to in this section as “the board.”

 

(2) The board shall adopt reasonable rules and regulations for its conduct as it may deem necessary.

 

(3) The board may recommend to the building official and the fire director such new legislation as is consistent with the board's decisions.

 

(b) Procedure for appeal of decisions relating to building code.

 

(1) Except in emergencies, any decision of the building official in the enforcement of this chapter may be appealed to the board by any person aggrieved by any decision of the building official. Such appeal must be taken within thirty days from the date of the order or other ruling appealed by filing with the building official a written notice of appeal setting forth the grounds therefor. Before the board is called, the appellant shall pay a fee required by section 18-20 of this chapter, payable to the city treasurer. The building official shall then transmit to the board all papers constituting the record upon which action appealed from is taken.

 

(2) Except in cases designated as emergencies, an appeal to the board stays all enforcement of the determination from which the appeal is being taken.

 

(c) Procedure for appeal of decisions relating to fire code. Except in emergencies, any decision of the fire director in the enforcement of the fire code may be appealed to the board by any person aggrieved in accordance with the provisions of articles II and V of chapter 26 of the Code of Ordinances.

 

(d) Membership; appointment of members.

 

(1) Membership.

 

a. The board shall consist of 12 members and 12 alternates. Each member and alternate shall be qualified by experience and training to pass upon matters pertaining to building construction. Members and alternates shall not be employees of the city.

 

b. Two members and two alternates shall be professional engineers registered by the state, one member and one alternate shall be architects registered by the state, one member and one alternate shall be building contractors, one member and one alternate shall be homebuilders, one member and one alternate shall be representatives of labor, one member and one alternate shall be licensed mechanical contractors, one member and one alternate shall be licensed electrical contractors, one member and one alternate shall be licensed plumbing contractors, one member and one alternate shall be licensed heating and ventilating contractors, one member and one alternate shall be licensed fire protection contractors, and one member and one alternate shall have permits to operate protective signaling systems.

 

c. The building official, or his representative, shall serve as secretary to the board. The city counselor or his representative shall attend all meetings held by the board. The fire director or his representative shall attend at least all meetings which are pertinent to the enforcement of the fire code.

 

(2) Appointment of members. Members and their alternates shall be appointed by the mayor and shall serve for a term of four years; however, all members shall continue in office until their respective successors shall have been appointed. The mayor may remove members and alternates for just cause upon written notice.

 

(e) Powers and duties with respect to building code.

 

(1) The board shall have the power to approve the use of alternate materials, equipment and types of construction whenever in any specific case the board shall find and determine that the application of a general rule or regulation governing such use will, by reason of exceptional circumstances or conditions, constitute a practical hardship; and to hear and render decisions on all appeals from the decisions of the building official. The board shall further be empowered to interpret the intent of this chapter in specific cases and to authorize responsible, minimum modification from the literal provisions of this chapter where it is determined that such modification is, for the purpose intended, at least the equivalent of that prescribed in this chapter with respect to strength, fire resistance or safety. All rulings and actions of the board shall be consistent with the spirit and intent of this chapter.

 

(2) The board shall have no authority relative to interpretation of the administrative provisions of this chapter, nor shall the board be empowered to waive requirements of this chapter.

 

(f) Powers and duties with respect to fire code. The board shall have the powers and duties as set forth in articles II and V of chapter 26 of the Code of Ordinances, for the purpose of determining questions of fact as to the acceptability and adequacy of alternate materials, equipment, methods of preventing fires and promoting fire safety, and for providing for the review of the decisions of the fire director in the interpretation of the fire code of the city.

 

(g) Meetings. The board shall fix a reasonable time for the public hearing of appeals, as well as for due notice to the parties in interest, and decide the matter within a reasonable time. Upon the hearing before the board, any party may appear in person or by agent or by attorney. The proceedings of the board shall be recorded by a court reporter. A transcript may be obtained from the court reporter at the cost of the requesting party.

 

(h) Conflict of interest. Members of the board shall conduct themselves in accordance with the Code of Ordinances, section 2-1015.

 

(i) Decisions. All decisions of the board shall be by a majority vote of the attending members or their alternates, provided that a quorum is present. The attendance of five members or their alternates shall be considered a quorum. All decisions of the board shall be in writing and shall be filed with the director of records, with a copy to the appellant, the building official and the fire director.

 

Sec. 18-13. Violations.

 

(a)                Unlawful acts. It shall be unlawful for any person, firm, corporation, partnership, association, organization or governmental agency properly regulated by the city to erect, construct, enlarge, alter, repair, move, improve, remove, grade, excavate or add any fill material, convert or demolish, equip, use, occupy, maintain or own or cause land disturbance activities for any building, land, real estate premises, sign, structure or building service equipment or cause or permit the same to be done in violation of this chapter, or fail to obey any order issued under the authority of the building official, or fail to maintain a valid certificate of inspection for elevator equipment, underground spaces, communication towers, or parking structures as required in this chapter, or fail to comply with the duties and responsibilities of a licensed or registered contractor or licensed or registered supervisor.

 

(b) Separate offense. Any person, firm, corporation, partnership, association, organization or governmental agency properly regulated by the city violating any of the provisions of this chapter shall be deemed guilty of an ordinance violation. Each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted shall be a separate offense.

 

(c) Responsible individual. The responsible individual(s) of a corporation shall include any officer of a corporation or the person in charge of the local office of such corporation.

 

Sec. 18-14. Required licenses; exceptions.

 

(a) Heating and ventilating work. Any person, firm or organization doing heating or ventilating work or causing such work to be done shall first be licensed as a heating and ventilating contractor or shall be doing such work as a direct employee of a licensed heating and ventilating contractor and under the supervision of that licensed heating and ventilating contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(b) Refrigeration work. Any person, firm or organization doing refrigeration work or causing such work to be done shall first be licensed as a refrigeration contractor or a pipe fitting contractor or shall be doing such work as a direct employee of a licensed refrigeration or pipe fitting contractor and under the supervision of that licensed refrigeration contractor’s or licensed pipe fitting contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(c) Pipe fitting work. Any person, firm or organization doing pipe fitting work or causing such work to be done shall first be licensed as a pipe fitting contractor or shall be doing such work as a direct employee of a licensed pipe fitting contractor and under the supervision of that licensed pipe fitting contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(d) Plumbing work. Any person, firm or organization doing plumbing work or causing such work to be done shall first be licensed as a plumbing contractor, or shall be a certified journeyman or master plumber doing such work as a direct employee of a licensed plumbing contractor or other direct plumbing employee with on-site supervision by a certified journeyman or master plumber. All plumbing work shall be performed under the supervision of that licensed plumbing contractor’s qualified supervisor. Certification and licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(e) Installation or servicing of gas-fired appliances. Any person, firm or organization installing or servicing gas-fired appliances shall first be licensed as a gas-fired appliance contractor or as a plumbing contractor or shall be doing such work as a direct employee of a licensed gas-fired appliance or plumbing contractor and under the supervision of that licensed gas-fired appliance contractor’s or licensed plumbing contractor’s qualified supervisor. Certification and licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(f) Electrical work. Any person, firm or organization doing electrical work or causing such work to be done shall first be licensed as an electrical contractor or shall be doing such work as a direct employee of a licensed electrical contractor and under the supervision of that licensed electrical contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(g) Installation or servicing of automatic sprinkler systems, non-water based fire extinguishing systems, or standpipe and hose systems. Any person, firm or organization who engages in the installation, alteration, modernization, repair, maintenance, or service of automatic sprinkler systems, non-water based fire extinguishing systems, or standpipe and hose systems regulated by chapter 9 of the International Building Code and article II of this chapter shall first be licensed as a fire protection contractor or shall be doing such work as a direct employee of a licensed fire protection contractor and under the supervision of that licensed fire protection contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(h) Installation or servicing of elevators, escalators, walks, lifts, and hoists. Any person, firm or organization who engages in the installation, alteration, modernization, repair, maintenance, testing, inspection, or service of elevators, escalators, walks, lifts, or hoists shall first be licensed as an elevator contractor or shall be doing such work as a direct employee of a licensed elevator contractor and under the supervision of that licensed elevator contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(i) Erection or maintenance of signs. Any person, firm or organization who engages in the business of maintaining, erecting, painting, or removing signs or marquees shall first be licensed as a sign contractor or shall be doing such work as a direct employee of a licensed sign contractor and under the supervision of that licensed sign contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(j) Demolition of buildings. Any person, firm, or organization who contracts to demolish any building for another shall first be licensed in the appropriate class of demolition contractors or shall be doing such work as a direct employee of a licensed demolition contractor and under the supervision of that licensed demolition contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(k) Residential building. Any person, firm, or organization who contracts to construct, structurally alter or enlarge any one- or two-family detached dwelling or townhouse including detached accessory buildings in excess of 400 square feet in area thereto as regulated by article III of this chapter shall first be licensed as a residential building contractor or shall be doing such work as a direct employee of a licensed residential building contractor under the supervision of that licensed residential building contractor’s qualified supervisor or as a building trades subcontractor, not otherwise required to be licensed under this section, to a licensed residential building contractor holding a valid building permit and under the direction of that licensed residential building contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

 

(l) Exceptions to license requirements.

 

(1) Permits for work as required by this chapter may be issued to any person to do any work regulated by this chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that such person is the bona fide owner of any such dwelling and accessory buildings and quarters, provided that the dwelling and accessory buildings are occupied by the owner, and provided that the owner and his or her immediate relatives shall personally purchase all material and perform all labor in connection therewith; where the work is included in a building permit issued according to this exception, the owner may contract and direct the work of building trades subcontractor(s), not otherwise required to be licensed under section 18-14.

 

(2) Public utility companies will not be required to obtain licenses for their firms or corporations or for their employees when engaged in the installation, operation, and maintenance of equipment which will be used for the production, generation, transmission, or distribution of the product or service from the source of the product or service through the facilities owned or operated by such utility company to the point of the customer service, including the metering.

 

(3) Provisions of this chapter requiring employment of certified or licensed mechanics, craftsmen, or engineers shall not apply to maintenance or operation of equipment and accessories used for operations, production, or processing by public utilities, government agencies, manufacturing or processing plants, or commercial enterprises which maintain a regular maintenance and operating staff supervised by a professional engineer registered by the state. However, work under such supervision shall be performed to comply in all respects with all applicable provisions of this chapter, including provisions for permits and inspections.

 

(4) The property owner or owner of the business on the property may install a temporary sign, as defined in this chapter, after obtaining the required permit.

 

(5)               The owner of record may demolish any one-story building which is at least ten feet from all property lines or any two-story building which is at least 15 feet from all property lines. Such work must be done by the owner or by members of the owner’s immediate family.

 

(6)               Licensing as a sign contractor is not required for the issuance of permits to construct a residential subdivision entry sign provided such sign contains no electrical components, is constructed as an integral part of a monument or wall and identifies only the name of the subdivision. Such sign may also identify the name of the developer of the subdivision.

 

(7)               Licensing as a sign contractor is not required for the issuance of permits to construct a monument sign where the entire sign is etched or engraved on stone or similar materials provided such sign contains no electrical components and is constructed as an integral part of the monument.

 

Sec. 18-15. Penalties; additional remedies.

 

(a) General penalty. Conviction of any violation of this chapter, except those listed in subsection (b) of this section, shall be punished by a fine of not more than $500.00, by imprisonment of not more than 180 days, or by both such fine and imprisonment.

 

(b) Penalties for offenses against enforcement system.

 

(1) Persons convicted of certain repeat violations as set forth in subsection (b)(2) of this section at any premises shall be punished as set forth in subsection (b)(3) of this section.

 

(2) Persons convicted of violating any of the following provisions of this chapter shall be punished as set forth in subsection (b)(3) of this section:

 

a. Violating an order to stop work issued pursuant to section 18-9(g).

 

b. Making any connection after a disconnection pursuant to section 18-11(c).

 

c. Failure to obtain a permit, or working without a permit, when required by this chapter.

 

d. Failure to obtain an inspection when required by this chapter.

 

e. Failure to obtain a certificate of occupancy when required by this chapter.

 

f. Failure to comply with all responsibilities of a licensed contractor, as set forth in section 18-332(a).

 

g. Failure to comply with all responsibilities of a holder of a certificate of qualification, as set forth in section 18-341.

 

h. Providing false information to the building official when submitting an application for a license, certificate of qualification, or permit.

 

i. Permitting occupancy of any structure for which a temporary certificate of occupancy has been issued and such temporary certificate of occupancy has expired.

 

(3) Conviction of any violation enumerated in subsection (b)(2) of this section shall be punished by a fine as set forth in the following minimum punishment schedule, but not more than $500.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment:

 

a. First conviction: a fine of not more than $500.00; imprisonment for not more than 180 days may also be adjudged.

 

b. Second conviction: a fine of not less than $250.00 and not more than $500.00; imprisonment for not more than 180 days may also be adjudged.

 

c. Third conviction: a fine of $500.00; imprisonment for not more than 180 days may also be adjudged.

 

d. Fourth and subsequent convictions: a fine of $500.00 and imprisonment for not less than ten days and not more than 180 days.

 

(4) For purposes of this section, only convictions within the prior three years before the date of the offense alleged shall be considered.

 

(c) Other remedies. The imposition of penalties prescribed in this section shall not preclude the city counselor from instituting appropriate action, including equitable and extraordinary remedies, to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct of business or use in or about the premises.

 

Sec. 18-16. Permit required; exceptions.

 

(a) Required permits; permit conditions; annual permits.

 

(1) Generally; emergency work.

 

a. General. It shall be unlawful to construct, enlarge, alter, move, raise, shore, demolish, wreck or raze a structure or change the occupancy of a building or structure requiring additional strength, exit or sanitary provisions; or to change to another use; or to grade or excavate any land or real estate; or to install or alter any equipment or sign for which provision is made or the installation of which is regulated by this code, unless a separate permit for each building, premise or structure has first been obtained; provided, however, that repairs, as defined in section 18-4(b), which do not involve any violation of this code, and work as specified in subsection (b) of this section, shall be exempted from this provision.

 

b. Emergency work. In cases of emergency, the person or other entity doing work or causing work to be done may proceed with the work and file application for a permit within 72 hours after commencement of emergency work. Emergency shall be considered to exist only in those situations wherein life, health and safety would be adversely affected if work were not commenced immediately, and the burden shall be upon the person claiming such emergency to exist to prove the existence of such emergency by clear and convincing evidence.

 


(2) Moved buildings and building systems.

 

a. Moving, raising or shoring buildings. No building or fixed structure shall be moved in or within the city on or across a street or alley without a permit issued by the building official in accordance with the provisions set forth in other portions of this section and in the International Building Code section 3408. No building or major portion thereof shall be raised or shored without a permit from the building official.

 

b. Building systems. A permit shall be obtained for all heating, ventilating, comfort cooling and refrigeration systems, electrical service equipment, pipe fitting, incinerators and miscellaneous heat-producing appliances, moved with or installed in any moved building. A separate permit shall be obtained for the equipment installed in each separate building or structure.

 

c. Conditions of permit.

 

1. Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

i. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

ii. The city shall be listed as an additional insured to such policy by separate endorsement.

 

iii.                The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

iv.                The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

v. Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required in subsections (a)(2)c.1.ii and iii of this section are in effect.

 

2. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the moving of any building or structure shall at all times assume full responsibility for such work. Permission shall be further conditioned that any person, firm, or corporation shall release, hold harmless, and indemnify the city and all of the agents and employees from any and all responsibility, liability, loss, or damage resulting to any persons or property caused by or incidental to the moving of the building or structure.

 

3. Commencement and completion of work. See section 18-19(c)(3), pertaining to expiration of building moving permits.

 

(3) Conditions of permit for demolition work. Conditions of permits for demolition work are as follows:

 

a. Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

1. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

2. The city shall be listed as an additional insured to such policy by separate endorsement.

 

3.                  The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

4.                  The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

5. Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (a)(3)a.2 and 3 of this section are in effect.

 

b. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the demolition work of any building, structure, or utility shall at all times assume full responsibility for such demolition and shall hold harmless and indemnify the city and the building official from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the demolition work.

 

c. Commencement and completion of work. See section 18-19(c)(4), pertaining to expiration of permits for demolition work.

 

d. Damage to public property. The permit holder assumes liability for any incurred damage to public property.

 

(4) Temporary structures and uses.

 

a. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

 

b. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the code as necessary to ensure the public health, safety and general welfare.

 

c. Permits for temporary electrical service installations not to exceed 90 days' duration may be granted for fairs, carnivals, exhibitions, exterior lighting for decorative display and similar purposes. Permits for temporary electrical service installations not to exceed 180 days' duration may be granted for construction jobs. The time limit shall be subject to renewal, if requested in writing and if the building official determines that the temporary permit is not being used to evade the requirements of permanent electrical service installation, will not adversely affect the public safety, or is justified because of circumstances not within the control of the permit holder.

 

d. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

 

(5) Conditional permits. Upon written application, the building official may issue conditional permits, which shall not be considered a building permit for the purpose of chapter 88 of the Code of Ordinances, pertaining to subdivisions.

 

(6) Special nighttime building permits.

 

a. Notwithstanding any other provision of this chapter or of any other provision of the Code of Ordinances, no construction work, including excavation, demolition, hauling, dumping or filling, may be performed between the hours of 9:00 p.m. and 7:00 a.m. within 500 feet of an occupied residential structure located in an area zoned residential unless the building official issues a special building permit authorizing the work. The following types of construction work are exempted from the requirement of obtaining a special nighttime building permit:

 

1. Emergency work authorized pursuant to subsection (a)(1) of this section.

 

2. Construction work being completely conducted inside a closed-in structure whenever such construction work does not involve the use of jackhammers, air compressors or other heavy equipment or continuing truck operations.

 

3.                  Roofing during the months of June through September, both inclusive.

4.                  Framing activities for conventional, wood-framed residential structures during the months of June through September, both inclusive.

 

b. The building official shall address in each special building permit issued authorizing nighttime work the following items:

 

1. Traffic routes to be used by construction equipment and trucks;

 

2. Means of lighting the construction site or place of operation;

 

3. Whether the noise level shall be a provision of the permit;

 

4. The type of work to be done and the nature of the project; and

 

5. Density of the residential area potentially affected by the nighttime work.

 

c. The director of health and director of public works are authorized to assist the building official in establishing criteria for the issuance of a special building permit authorizing nighttime work.

 

(7) Annual permits. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permits. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

(b) Exempted work. A permit shall not be required for the types of work in each of the separate classes of permit as listed in this subsection. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of the city.

 

(1) Building permits. A building permit shall not be required for the following:

 

a. One-story detached accessory buildings used as tool and storage sheds, playhouses, garages, carports, and similar uses, provided the projected roof area does not exceed 200 square feet (18.58 m2).

 

b. Oil derricks.

 

c. Movable cases, counters and partitions not over five feet nine inches (1753 mm) in height.

 

d. Retaining walls which are not over 4 feet (1219 mm) in height measured from grade on the low side of the wall, unless supporting a surcharge or impounding flammable liquids or when adjacent to a public right-of-way.

 

e. Fences.

 

f. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

 

g. Platforms and decks not more than 30 (762 mm) inches above grade at any point and not over any basement or story below.

 

h. Temporary motion picture, television and theater stage sets and scenery.

 

i. Window awnings supported by an exterior wall of a Group R-3 and Group U occupancies when projecting not more than 54 inches (1372 mm).

 

j. Prefabricated swimming pools accessory to a Group R-3 occupancy, which are less than 24 inches (610 mm) deep, in which the pool walls are entirely above the adjacent grade and which do not exceed 5,000 gallons (18,927 L).

 

k. Reroofing (replacement of roof coverings) one- and two-family residences with light roof covering or reroofing other structures in accordance with the requirements of this code pertaining to materials and installation methods. Exempted reroofing work does not include replacement of roof sheathing/deck or structural modifications or alterations to the building or structure.

 

l. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city. Administrative office buildings for such franchised utilities shall require building permits as described in subsection (a)(1) of this section.

 

m. Replacement of exterior wall covering for detached one- and two-family dwellings.

 

n. Replacement of doors and windows in existing openings where fire resistance, smoke control and opening protection are not required by article II.

 

o. Repairs of holes in plaster or gypsum board walls.

 

p. Installation or replacement of wall or floor mounted cabinets (kitchen, bath, etc.).

 

q. Painting, papering, installation of carpeting/floor coverings and similar finish work.

 

r. Installation or replacement of exterior gutters and downspouts.

 

s. Tuckpointing brick and/or stone masonry.

 

t. Replacement of soffits and wall or roof sheathing less than 32 square feet (2.97 m2) in area for one- and two-family dwellings.

 

u. Replacement of interior or exterior trimwork.

 

v. Boarding up vacant buildings.

 

w.                Walks, patios and driveways constructed on existing grade.

 

x.                  Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

 

y.                  Swings and other playground equipment accessory to one- and two-family dwellings.

z.                   Grading or excavation of any land or premises under at least one of the following conditions:

 

1.                  When approved by the building official, grading in an isolated, self-contained area provided there is no danger to private or public property;

2.                  An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit;

3.                  Cemetery graves;

4.                  Refuse disposal sites authorized and controlled by other regulations;

5.                  Excavations for wells, or trenches for utilities.

6.                  Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

7.                  Exploratory excavations under the direction of soils engineers or engineering geologists;

8.                  An excavation which (1) is less than 2 feet in depth, or (2) which does not create a cut slope greater than 5 feet in height and steeper than 1-1/2 horizontal to 1 vertical;

9.                  A fill, placed on natural terrain with a slope flatter than 5 horizontal to 1 vertical, and which does not obstruct a drainage course, provided that such fill is either: less than 1 foot in depth; or, is less than 3 feet in depth, does not exceed 50 cubic yards on any one lot or parcel, and is not intended to support structures.

 

(2) Mechanical permits. A mechanical permit shall not be required for the following:

 

a. Any portable heating appliance.

 

b. Any portable ventilating equipment.

 

c. Any portable cooling unit.

 

d. Any portable evaporative cooler.

 

e. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this code.

 

f. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

 

g. Replacement of grills and diffusers on existing mechanical ductwork.

 

h. Any self-contained refrigeration system that contains 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less.

 

i. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to mechanical work. Administrative office buildings for such franchised utilities shall require mechanical permits as described in subsection (a)(1) of this section.

 

(3) Plumbing permits. A plumbing permit shall not be required for the following:

 

a. Repairs which involve only the working parts of a faucet or valve.

 

b. Clearance of stoppages.

 

c. Repairing or replacement of defective fixtures or valves provided alterations or extensions of piping systems are not made.

 

d. Replacement and repair of lavatory and sink traps.

 

e. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to plumbing work. Administrative office buildings for such franchised utilities shall require plumbing permits as described in subsection (a)(1) of this section.

 

(4) Elevator permits. An elevator permit shall not be required for the following:

 

a. Material hoists within the scope of ANSI A10.5.

 

b. Mobile scaffolds, towers and platforms within the scope of ANSI A92.

 

c. Powered platform and equipment for exterior and interior building maintenance within the scope of ANSI A120.1.

 

d. Conveyors and related equipment within the scope of ASME B20.1.

 

e. Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30.

 

f. Industrial trucks within the scope of ASME B56.

 

g. Portable equipment, except for portable escalators, which are covered by article IX of this chapter.

 

h. Tiering or piling machines used to move material to and from storage located and operating entirely within one story.

 

i. Equipment for feeding or positioning material at machine tools, printing presses, etc.

 

j. Skip or furnace hoists.

 

k. Wharf ramps.

 

l. Amusement devices.

 

m. Stage and orchestra lifts.

 

n. Lift bridges.

 

o. Railroad car lifts or dumpers.

 

p. Mechanized parking garage equipment.

 

q. Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator.

 

r. Mine elevators not located in or adjacent to a building or structure.

 

s. Manlifts within the scope of ASME 90.1.

 

t. Platform elevators installed in a ship or offshore drilling rig and used for the purpose of loading and unloading cargo, equipment and personnel.

 

u. Shipboard elevators.

 

v. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to elevator work. Administrative office buildings for such franchised utilities shall require elevator permits as described in subsection (a)(1) of this section.

 

(5) Electrical permits. An electrical permit shall not be required for the following:

 

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

 

b. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to electrical work. Administrative office buildings for such franchised utilities shall require electrical permits as described in subsection (a)(1) of this section.

 

c. The installation, alteration or repair of electrical equipment of a power or public service company for its use in the generation, transmission, distribution or metering of electricity.

 

d. The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

 

e. Replacement of snap switches, receptacles and fixtures (other than ceiling fans) where no alteration or extension of an existing circuit is required.

 

(6) Sign permits. A sign permit shall not be required for the following:

 

a. The advertising copy or message, on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exemption.

 

b. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

 

c. Any sign placed or painted on the inside of a building or on the inside or outside of any bus, taxicab or other vehicle.

 

d. Any sign painted or lettered directly on the wall of any building or structure which advertises the name of the owner or lessee or sublessee of the building, or the products manufactured, sold or stored in such building; or any sign painted on the surface of any window or door of a building.

 

e. Miscellaneous traffic or other municipal signs, danger signs, railroad crossing signs, legal notices or trespassing signs, or signs of public service companies indicating danger or aids to service or safety.

 

f. Emergency, nonadvertising signs.

 

g. Real estate signs advertising the sale, rental or lease of the premises on which they are maintained; provided that there is not more than one such sign for any street frontage and the total gross area does not exceed 32 square feet (2.97m2).

 

h. Tablets constructed of bronze, brass, stone or other noncombustible materials, when built or attached to the walls of a building or other structure, provided that such tablets bear only the name of the owner, the name or use of the building, the date of erection of the building or commemorative matter.

 

i. Signs announcing the name of the architect, engineer and contractors of a building under construction, alteration or repair, and announcing the character of the building enterprise or the purpose for which the building is intended.

 

j. Signs of public service companies indicating danger, ownership of property, offices, or places where their service is available to the public, when the signs are placed flat against the wall of a building or other structure.

 

k. Signs less than ten square feet in area in residential zoning districts.

 

Sec. 18-17. Application for permit; responsibilities of permittee.

 

(a) Filing; contents. To obtain a permit required by this chapter, the applicant shall first file an application therefor in writing on a form furnished by the building official for that purpose. Every such application shall:

 

(1) Identify and describe the work to be covered by the permit for which application is made.

 

(2) Describe the land on which the proposed work is to be done, by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

 

(3) Indicate the use or occupancy for which the proposed work is intended.

 

(4) State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

 

(5)               Be signed by the permittee, or the permittee's authorized agent, who may be required to submit evidence to indicate such authority. It shall be presumed that a person obtaining a permit for work on property for which the person is not the owner, obtains the permit with the knowledge and consent of the owner or other person in control or in charge of the property.

 

(6)               Be accompanied by construction documents and other information as required in Sec. 18-18.

 

(7) Give such other data and information as may be required by the building official.

 

(b) Application for permits to move, raise or shore a structure shall be made to the building official. Every such application shall indicate:

 

(1)               The present location of the structure to be moved.

 

(2)               The proposed location of the structure.

 

(3)               Evidence that all public utilities have been properly disconnected.

 

(4)               The length, width and height of the structure.

 

(5)               The principal materials of construction of the structure.

 

(6)               The length of time required to do the proposed work. Note that structure moving permits are valid for five days only.

 

(7)               The name and address of the owner of the property where the structure is to be moved.

 

(8)               The name and address of the owner of the structure.

 

(9)               The name and address of a contact person during the move.

 

(10)           Proof of permission from the owner to move, raise or shore the structure.

 

(11)           Approval by the director of public works of a moving route plan.

 

(12)           A satisfactory pre-move inspection report from the department of city planning and development on general code conformance of the structure to be moved.

 

(13)           A satisfactory foundation inspection report from the department of city planning and development for the proposed location. A satisfactory pre-move inspection report from the department of city planning and development is required to obtain a foundation permit for the proposed location.

 

(14)           A brief description of proposed condition the present site is to be left in upon completion of removal of the structure (when the site is in the city only).

 

(c) Applications for permits for demolition work shall include the following:

 

(1)               A site plan showing the location of the building or structure to be demolished and of all existing buildings on the property. The plan shall additionally show any necessary means of pedestrian protection as required in article II of this chapter.

 

(2)               The location where the demolition debris will be deposited.

 

(3)               The height and the total square footage of the building.

 

(4)               Evidence of required street closure permit.

 

(5)               The length of time required to complete the proposed work.

 

(6)               The name and address of the owner of the building.

 

(7)               The type of equipment or method used to demolish the building.

 

(8)               Evidence that all public utilities have been disconnected.

 

(9)               Proof of rat-abating of any building at least ten days before the demolition may be required.

 

(10)           Proof of permission from the owner to demolish the building.

 

(d) The permittee, also referred to as the permit holder, shall be responsible for the following conditions and restrictions:

 

(1) To provide minimum safety measures and equipment to protect the public as prescribed by this chapter.

 

(2) To observe any other city ordinances prescribing measures for the safety of the public.

 

(3) To observe and comply with this chapter and any other city ordinances or regulations.

 

(4) To faithfully construct without departure from or disregard of drawings and specifications, when such drawings and specifications have been filed with and reviewed for code compliance by the director of city planning and development and a permit has been issued for such construction.

 

(5) To obtain inspections required by this chapter

 

(6) To pay any fee assessed under the authority of this chapter.

 

(7) To obey any order issued under the authority of this chapter.

 

(8) To maintain satisfactory levels of competence, integrity, workmanship, and recognized practice.

 

(9) To maintain a valid business license(s) in the appropriate classification(s), company name, and ownership, per the requirements of the finance department.

 

(10) To maintain an active fictitious name registration with the State of Missouri, Office of the Secretary of State, under the business name in which the permittee is obtaining permits when conducting business under a name other than the licensee’s given name.

 

(11) To cause, permit or allow any work authorized by the permit to be performed in violation of the licensing, certification and/or supervision requirements of section 18-14 shall be a violation of this chapter.

 

Sec. 18-18. Construction documents.

 

(a) Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more sets with each application for a permit. When such construction documents are not prepared by a registered design professional, the building official may require any applicant submitting such documents to demonstrate that state law does not require them to be prepared by a registered design professional. The building official may require plans, computations and specifications to be prepared and designed by a registered design professional licensed by the state to practice as such, even if not required by state law. The building official may waive the submission of plans, calculations, diagrams or other data, if he finds that the nature of the work applied for is such that reviewing the documents is not necessary to obtain compliance with this code.

 

(b) Information on construction documents.

 

(1) Generally. Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

 

(2) Identification. The first substantive sheet of construction documents shall list the address and legal description of the project and the name, addresses, and telephone number of the owner and the preparer of the plans.

 

(3) Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, the existing grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plat. The building official is permitted to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

 

(4) Engineering data. One set of adequate details of structural, mechanical, electrical and fire protection work involving computations, stress diagrams and other essential technical data shall accompany submitted construction documents. Construction documents for buildings of other than Group R-3 or Group U occupancies shall indicate how required structural and fire resistive integrity will be maintained where penetrations are made for electrical, mechanical, plumbing and communications conduits, pipes and similar systems.

 

(5) Design certification. Submitted construction documents for each applicable discipline shall be certified in writing as being prepared in conformance with this code and the zoning ordinance. Such certification shall include the name, signature, state registration number and telephone number for each designer on the project.

 

(6) Regulatory floodplain data. Permit applications for buildings or structures within any area designated as a regulatory floodplain in the official floodplain document shall include floor elevations and floodproofing details, as required, in conformance with section 28-6. Where floodproofing construction techniques are required, the building or structure, together with attendant utility and sanitary facilities, shall be designed so that below the level specified in section 28-4(6) the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and the permit applicant shall provide certification by a professional engineer or architect registered to practice as such in the state that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood.

 

(7) Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, as applicable in Section 101.2, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

 

(8) Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

 

The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

(c)                Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this chapter and has not been abandoned.

(d)               Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the building official shall require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, and when approved by the building official, the owner shall be permitted to designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

Where structural observation is required by section 1709 of the International Building Code, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structure is to occur. See also duties specified in section 1704.

(e) Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Submittal documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

(f) Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and changes which are not in substantial compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents prior to construction.

(g) Retention of construction documents. One set of construction documents shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of construction documents shall be retained by the building official until after final inspection when it is concluded that the work complies with the provisions of this code.

 

Sec. 18-19. Issuance of permits; expiration of permits and applications; suspension or revocation of permits; review of application.

 

(a) Generally.

 

(1)               Application examined. The building official shall examine or cause to be examined the application and accompanying construction documents filed by an applicant for a permit under this chapter. Such construction documents may be reviewed by other departments of the city to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the construction documents filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in section 18-20 have been paid, he shall issue a permit therefor to the applicant.

(2)               Time limitation of application. An application for a permit for any proposed work shall expire by limitation and be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. Plans and other data submitted for review, but deemed to have been abandoned, may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee in accordance with Section 18-20(c)1.

 

(3) Stamped Documents. When the building official issues a permit where construction documents are required, he shall endorse in writing or stamp the construction documents ”Reviewed for Code Compliance.” Such stamped construction documents shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this chapter shall be done in accordance with the endorsed/stamped construction documents.

 

(4) Phased review for code compliance. The building official may issue a permit for the construction of part of a building, structure or building service equipment before all of the construction documents for the entire building, structure or building service equipment have been submitted or reviewed for code compliance, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this chapter. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building, structure or building service will be granted.

 

(5)               Dangerous Buildings. No permit shall be issued to any party, other than the city’s demolition contractor, for the repair, reconstruction, enlargement, alteration, moving, raising, shoring, demolition, wrecking, or razing of a structure that has been declared a dangerous building under chapter 56 of the code, provided the structure has been scheduled for demolition by the city and a notice to proceed has been issued to the city’s demolition contractor.

 

(b) Validity of permit.

 

(1) The issuance of a permit or the stamping of construction documents with “Reviewed for Code Compliance” shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any other ordinance. No permit presuming to give authority to violate or cancel the provisions of this chapter or other ordinances shall be valid.

 

(2) The issuance of a permit based upon reviewed construction documents shall not prevent the building official from thereafter requiring the correction of errors in the construction documents, or from preventing building operations being carried on there under when in violation of this chapter or of any other ordinances or laws. The building official is also authorized to prevent occupancy or use of a structure where in violation of this chapter or of any other ordinances of the city.

 

(c) Expiration of permits.

 

(1) Generally. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefore shall be in accordance with Section 18-20(d). A permit may be extended by the building official for a period not to exceed six months upon written request from the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

 

(2) Sign permit. An erection permit shall authorize erection or relocation of the sign or sign structure for a period of six months. If the work authorized under a permit has not been completed within six months after the date of issuance, the permit shall become null and void.

 

(3) Building moving permits. The work authorized by a moving permit shall be commenced within three calendar days from the date of issuance of such permit. If the work is suspended or abandoned more than two consecutive calendar days after the work is commenced, the permit shall expire. The length of time permitted for moving any building and placing on a permanent foundation shall not exceed five calendar days from the date of permit issuance. A permit may be renewed or extended by the building official upon request of the permit holder if the building official concludes that work could not be completed within the allotted time or that work was suspended as a result of circumstances not reasonably within the control of the permit holder, such as weather, mechanical failures and other unanticipated difficulties.

 

(4) Demolition work. The work authorized by a demolition permit shall be continuous until the work is completed. For the purpose of this article, the term ``continuous'' shall mean the normal rate of progress in keeping with good demolition practices. If the work is suspended for more than five calendar days after the work is commenced, the job shall be deemed abandoned and the permit shall expire. The building official may allow the work to be suspended longer than five calendar days should it be found that weather or other conditions beyond the control of the permit holder exist. The time for demolition of a one- or two-story dwelling shall not exceed 30 days from the date the demolition work commences.

 

(d) Suspension or revocation.

 

(1) Generally. The building official may, in writing, suspend or revoke any permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provisions of this chapter, or other pertinent laws or ordinances within the Code of Ordinances. The building official may also suspend or revoke any permit issued upon failure of the holder thereof to comply with any of the provisions of this chapter or requirements of the permit.

 

(2) Traffic Control Obstruction. The building official may revoke a permit for the erection of any sign or other structure which, by reason of its position, shape or color, may obstruct or interfere with the view of or be confused with any authorized traffic sign, signal or device.

 

(3) Hearings. The holder of a permit may request a hearing before the building official to consider the suspension or revocation of a permit.

 

(e)                Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.

 

Sec. 18-20. Fees.

 

(a) Generally. Fees relating to work regulated by this chapter shall be assessed in accordance with the provisions of this section. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

 

(b) Permit fees.

 

(1) Valuation of construction. The determination of the value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the permit and plan review fees shall be the total value of all construction work for which the permit is issued. Separate values or valuations shall be computed and separate permits shall be obtained and separate plan review fees shall be paid for each building or structure included in an application for permits. Fees may be waived at the discretion of the building official during times of declared emergency.

 

(2) One- and two-family detached dwelling building, mechanical, plumbing, electrical, elevator and fire protection permit fees. One- and two-family detached dwelling building, mechanical, plumbing, electrical, elevator and fire protection permit fees are as follows:

 

Total Valuation Fee

 

$0.00‑‑$1,000.00.................................................................................$48.00

 

$1,001.00‑‑$2,000.00........................................................................... 54.00

 

$2,001.00‑‑$100,000.00:

 

For the first $2,000.00............................................................. 54.00

 

Plus, for each additional $1,000.00 or fraction thereof,

to and including $100,000.00 .................................................. 4.00

 

$100,001.00 and over:

 

For the first $100,000.00....................................................... 446.00

 

Plus, for each additional $1,000.00 or fraction thereof.............. 1.30

 

In addition to the above fees, during the period of time beginning on October 1, 2012, and ending on September 30, 2013, a surcharge of $50.00 will be applied to each building permit issued for the construction of a new one- or two-family detached dwelling. Proceeds from this fee will be applied to a sample testing program for building envelope and duct system leakage testing in accordance with Article III of this chapter.

 

(3) Building, mechanical, plumbing, electrical, elevator and fire protection permit fees for other than one- and two-family detached dwellings. Building, mechanical, plumbing, electrical, elevator and fire protection permit fees for other than one- and two-family detached dwellings are as follows:

 

Total Valuation Fee

 

$0.00‑‑$500.00.................................................................................. $ 48.00

 

$501.00‑‑$2,000.00.............................................................................. 86.00

 

$2,001.00‑‑$200,000.00:

 

For the first $2,000.00............................................................ 86.00

 

Plus, for each additional $1,000.00 or fraction thereof,

to and including $200,000.00 ................................................ 12.50

 

$200,001.00‑‑$1,000,000.00:

 

For the first $200,000....................................................... 2,561.00

 

Plus, for each additional $1,000.00 or fraction thereof,

to and including $1,000,000.00............................................... 8.30

 

$1,000,001.00 and over:

 

For the first $1,000,000.00 .............................................. 9,201.00

 

Plus, for each additional $1,000.00 or fraction thereof........... 3.60

 

(4) Demolition permit fees. Demolition permit fees are as follows:

 

a. One- and two-family dwellings and detached accessory

buildings per building ......................................................... $ 83.00

 

b. All other structures............................................................... 204.00

 

c. Pre-demolition inspection fee. A pre-demolition inspection fee shall be paid to the building official prior to a pre-demolition inspection being performed. The pre-demolition inspection fee shall not apply towards the demolition permit fee and shall be assessed as follows:

 

One and two family detached dwellings per building:……. 35.00

 

All other buildings per building: ........................................... 98.00

 

(5) Sign permit fees. Sign permit fees are as follows:

 

Type of Sign Fee

 

a. Combination and freestanding signs:

 

1. Up to and including 20 square feet........................ $ 131.00

 

2. And for each additional 20 square feet

or fraction thereof....................................................... 22.00

 

b. Flat wall signs:

 

1. Up to and including 300 square feet........................ 130.00

 

2. And for each additional 300 square feet

or fraction thereof...................................................... 22.00

 

c. Marquees: Each marquee...................................................... 431.00

 

d. Roof signs:

 

1. For surface area not to exceed 300 square feet......... 431.00

 

2. And for each additional 300 square feet

or fraction thereof..................................................... 109.00

 

e. Temporary signs (displayed not longer than 60 days):

 

Each sign................................................................................. 50.00

 

f. Outdoor Advertising Signs:

 

Fees shall be calculated as required for freestanding signs. Each face of such signs shall be calculated separately for permit fee calculations.

 

Outdoor advertising sign pre-permit inspection fee. An outdoor advertising sign pre-permit inspection fee shall be paid to the building official prior to an outdoor advertising sign pre-permit inspection being performed. The outdoor advertising sign pre-permit inspection fee shall not apply as part of the sign permit fee.

 

Each sign.............................................................................. 311.00

 

(6) Supplementary permit fees. The fee for a supplementary permit to cover any additional value not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire value. The minimum supplemental permit fee assessed shall be $ 50.00.

 

(7) Partial permit fees. When a permit for the construction of part of a building, structure, or building service equipment is requested by the applicant, fees shall be determined in accordance with section 18-20(b)(2) and (3), based on the valuation of work to be performed, as separate permit fees and not as supplementary fees. The minimum fee for a partial permit shall be $ 77.00.

 

(8) Fast Track Permit Fees. The fee for a fast track permit issued prior to approval of plans review shall be $ 74.00. The Fast Track Permit Fee shall be in addition to all other fees due.

 

(9) Building moving permit fee. The fee for a building moving permit shall be $ 204.00.

 

(10) Building moving pre-permit inspection fee. A building moving pre-permit inspection fee shall be paid to the building official prior to a building moving pre-permit inspection being performed. The building moving pre-permit inspection fee shall be in addition to all other fees due.

 

Each building ...................................................................................$ 98.00

 

(c) Construction document review fees.

 

(1) Initial construction document review fee. For other than one- and two-family dwellings, when a construction document is required to be submitted, a construction document review fee shall be paid to the building official at the time of submitting the construction documents for review. Such construction document review fee shall be one-half of the permit fee and shall be a credit toward the total fee when the permit is issued.

 

(2) Resubmittal construction document review fees. When previously identified deficiencies remain uncorrected on subsequent submittals or when items certified on the Checklist for Building Permit Construction Document Submittal as being provided are omitted, a resubmittal construction document review fee shall be assessed at the time of resubmittal of the discipline. This fee shall be one eighth of the total permit fee for resubmittal deficiencies. The fee for certified checklist omissions shall be $69.00. Such resubmittal construction document review fee shall not apply as a credit toward the total permit fee. Maximum resubmittal fee shall be as follows:

 

a. One- and two-family dwelling construction document....... $ 28.00

 

b. Other than one- and two-family dwelling construction

document. ......................................................................... $ 272.00

 

(3) Changes to previously reviewed plans. Review of such changes shall be assessed a fee as follows:

 

a. Minor reviews ................................................................................. $ 50.00

 

b. Major reviews ………….. 1/2 of initial construction document review fee paid. The director or designee shall have the authority to determine the extent of the changes requested and the fee which shall apply. This fee shall be in addition to any other fees required.

 

(4) Scheduled express review fees. When scheduled express review is requested by the applicant, a fee of $ 28.00 for one- and two-family dwellings and a fee of $ 69.00 for all other structures shall be assessed. Such fees shall be in addition to required permit fees. Eligibility for scheduled express review service shall be determined by the building official based on the complexity of the review and availability of staff to perform the review.

 

(5) Priority Project review fee. When priority status is requested by the applicant, a fee of 2 times the permit fee shall be assessed. Eligibility for priority status shall be determined by the building official based on the complexity of the project and availability of staff to perform the review.

 

(6) Master Plan Review without permit application. When a Master Plan is submitted for review without a corresponding permit application, a fee of one-half the normal permit fee shall be assessed. This fee shall not be credited to future permit applications.

 

(7) Optional preliminary code review design meetings. When requested by the applicant, preliminary code review meetings may be conducted and a fee shall be assessed for other than one- and two-family detached dwellings as follows:

 

a. One- and two-family dwellings .............................................. no fee

 

b. Proposed design less than 20,000 square feet...................... $ 69.00

 

c. Proposed design 20,000 square feet

to 40,000 square feet........................................................... 136.00

 

d. Proposed design more than 40,000 square feet................... 205.00

 

(8) Re-review and stamping of lost construction documents to replace applicant's reviewed field set of construction documents. Such review and stamping shall be assessed a fee of 25% of the initial construction document review fee paid with a minimum fee of $ 50.00. The maximum fee paid shall be $ 518.00. Such fees shall be in addition to other required permit fees.

 

(9) Stamping of additional sets of construction documents. One set of reviewed construction documents shall be provided to the applicant upon permit issuance. Stamping of additional sets of construction documents at the applicant's request shall be assessed a fee of $ 22.00 per set.

 

(10) Nighttime building permits. The application fee for a nighttime building permit shall be $ 63.00. Such fees shall be in addition to other required permit fees.

 

(11) Occupant load certificate fee. When requested by the applicant, the occupant load of a building or portion of a building will be calculated and a fee shall be assessed of $132.00.

 

(12) Replacement of occupant load certificate or certificate of occupancy. When requested by the applicant, a replacement copy of a previously issued occupant load certificate or certificate of occupancy, if located, will be generated. A fee shall be assessed of $33.00 per request.

 

(13) Floodplain certificate fee. The application fee for a floodplain certificate shall be assessed as follows:

 

a. One- and two-family dwelling floodplain certificate.................. $50.00

 

b. Other than one- and two-family dwelling floodplain

certificates .......................................................................... $103.00

 

(14) Code compliance verification letter fee. When requested by the applicant, information related to the status of property with regard to building code and land use regulations will be retrieved and transmitted to the applicant and a fee shall be assessed of $132.00.

 

(15) Address change processing fee. When requested by the property owner, address changes in compliance with addressing standards shall be processed and a fee shall be assessed as follows:

 

a. One and two family detached dwellings per building: .......$ 33.00

 

b. All other buildings per building: ........................................ 132.00

 

(d) Expiration of permit. The fee to renew an expired permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that any suspension or abandonment of the work has not exceeded one year.

 

(e) Commencement of work without permit.

 

(1) Wherever any work for which a permit is required by this article has been commenced without first obtaining a permit, a special investigation may be made before a permit is issued for such work.

 

(2) Where work for which any permit is required by this article is started prior to obtaining the permit, the fee specified for such permit shall be tripled. This provision shall not be construed as permission to begin work without the required permit except as follows:

 

a. In case of an emergency as set forth in section 18-16(a)(1)b.; or

 

b. In case the work is being done at a one-family dwelling by the person who owns and occupies such dwelling and the permit is applied for before the end of the workday following notification.

 

(f) Fee refunds. Where no portion of the plan review for an application has been commenced, or where no portion of the work covered by a permit issued by the building official has been commenced, the applicant may request in writing that the application or permit be canceled and the plan review or permit fee be refunded. The applicant shall then be entitled to a refund of 90 percent of the applicable fee actually paid, except that a full refund will be made when the fee was paid or collected in error. Refunds will not be made for fees representing work having been done prior to the time the fee refund request is made. Under any circumstance, fee refund requests must be made within 180 days after the date of payment if no permit is obtained, or 30 days after the permit is canceled or expired.

 

(g) Fee for certificate of occupancy.

 

(1) Fee for certificate of occupancy not related to work under a building permit. Where a certificate of occupancy is required other than in connection with work under a building permit, the person applying for the certificate shall, at the time of filing application therefore, pay to the building official a fee as required for a team inspection in section 18-20 (h). If it is determined that work requiring a permit is necessary for issuance of the certificate, this fee shall be applied toward the permit fee.

 

(2) Temporary certificate of occupancy fees. When a temporary certificate of occupancy is requested by the applicant in connection with work under a building permit and conditions warrant issuance of a temporary certificate of occupancy pursuant to section 18-23(d) of this chapter, a fee shall be assessed according to the following schedule:

 

a. Residential one- and two-family dwellings, townhouses and associated accessory structures:

 

1st temporary certificate..........................................................$ 0.00

 

2nd and subsequent certificates......................................... $205.00

 

2nd and subsequent certificates when certificate is over

5 working days expired....................................................... $410.00

 

b. All other structures:

 

1st temporary certificate.......................................................... $0.00

 

2nd and subsequent certificates.......................................... $410.00

 

2nd and subsequent certificates when certificate is over

5 working days expired....................................................... $820.00

 

The Building Official is authorized to develop written procedures by which the renewal fee may be waived due to special circumstances.

 

(h) Inspection fees.

 

(1) Certificate of inspection for underground spaces. Inspection and certification of underground space pursuant to section 18-21(g)(2) of this chapter shall be performed by the building official upon payment of a fee of $340.00 payable upon application for certificate of inspection.

 

(2) Certificate of inspection for elevators. The fee for the administration of and or inspections and testing of elevator equipment pursuant to section 18-21(g)(1) of this chapter shall be of $125.00 for the first three floors, or 30 feet of travel, plus $10.00 for each additional three floors, or 30 feet of travel or fraction thereof. The elevator equipment owner or maintainer shall remit these fees within 60 days of billing. The elevator equipment inspection and tests shall not be scheduled or performed until these fees have been received. Failure to remit these fees within the 60 days will result in a $16.00 additional administrative fee associated with the cost of the re-billing process for each piece of elevator equipment being billed. All called-for inspections or tests to be performed by Department of City Planning and Development inspectors shall be subject to a minimum fee of $34.00 per each piece of elevator equipment scheduled for inspection and test, if the inspection test is not made or is not completed and the Department of City Planning and Development inspector has appeared at the inspection test site, ready to inspect or observe the test, or the scheduled inspection and test is either canceled or rescheduled less than three working days prior to the scheduled date. Payment of fees associated with the failure to perform an inspection and test scheduled with Department of City planning and development inspectors is the responsibility of the registered elevator contractor who scheduled the elevator equipment inspection and test. All fees outlined above are due and payable to the Department of City planning and development even when the inspection and testing is performed by a qualified person authorized by the enforcing authority.

 

(3) Fee for follow-up inspection per state requirements. The fee for a follow-up inspection of elevator equipment by city personnel pursuant to the Elevator Safety Act and Rules of the State of Missouri shall be $67.00. The fee shall be waived if the inspection is performed at the same time as a follow-up inspection pursuant to section 18-21(g)(1) of this code. The fee, when required, shall be paid before the follow-up inspection is performed.

 

(4) Certificate of inspection for communication towers. Inspection and certification of communication towers pursuant to section 18-21(g)(3) of this chapter shall be completed by the building official upon payment of a fee of $136.00 payable upon application for certificate of inspection.

 

(5) Certificate of inspection for multilevel parking station structures. Inspection and certification of multilevel parking station structures pursuant to section 52-31 of chapter 52, parking stations shall be completed by the building official upon payment of a fee of $272.00 payable upon application for certification of inspection.

 

(6) Reinspection fees. When work for which an inspection is requested is not complete (not ready when inspector arrives) or when deficiencies identified on two previous inspection events have not been completed a fee of $ 69.00 shall be assessed and no further inspections shall be completed until such fee is paid.

 

(7) Inspections outside of normal business hour fees. When the permit holder requests inspections outside of normal business hours, a fee of $55.00 per hour, to include travel time, with a minimum fee of $220.00 shall be assessed for such service. Eligibility for inspections outside of normal business hours shall be determined by the building official based upon the nature of inspections requested and the availability of staff to perform the inspections.

 

(8) Team inspection fee. When requested by the applicant, the building official may conduct a team inspection of a site/building for the purpose of providing the applicant a written assessment of code issues which may assist the applicant in planning a project or in problem solving. Eligibility for team inspections shall be determined by the building official based upon the nature of inspections requested and the availability of staff to perform the inspections. A fee, payable prior to the inspection being performed, shall be assessed as follows:

 

a. Buildings/projects less than 20,000 square feet................. $ 276.00

 

b. Buildings/projects 20,000 square feet to 40,000 square feet..366.00

 

c. Buildings/projects more than 40,000 square feet.................457.00

 

(9) Electrical service reconnect fee: When a request is made by a property owner for an inspection of an existing electrical service for the purpose of approving the electric utility connection, a fee of $ 50.00 shall be assessed. If it is found that work requiring an electrical permit is required, this fee may be credited toward the permit fee.

 

Exception: Reconnection of a service due to a fire occurring within the 90 days prior to the request.

 

(i) Code modification request fees. Code modification requests (CMR) submitted pursuant to section 18-6 of this chapter shall be assessed the following fees:

 

(1) One- and two-family dwellings per dwelling unit.......................... $ 49.00

 

(2) All other structures per building or tenant space,

whichever is greater........................................................................ $ 103.00

 

(3) When multiple units of one and two-family dwellings are submitted for the same project in the same request, or when multiple buildings or tenant spaces for all other structures are submitted for the same project in the same request, the maximum fee will be............................................$545.00

 

(4) Requirements contained in article XII, contractors, division 3,

licensing..............................................................................................$49.00

 

(j) Building and fire codes board of appeals fees.

 

(1) One- and two-family dwellings per dwelling unit...........................$ 49.00

 

(2) All other structures per building or tenant space, whichever is greater........................................................................... $103.00

 

(3) When multiple units for one- and two-family dwellings are submitted for the same the same project, in the same request, or when multiple buildings or tenant spaces for all other structures are submitted for the same project in the same request, the maximum fee will be................................ $545.00

 

(4) Requirements contained in article XII, contractors, division 3,

licensing..............................................................................................$49.00

 

(5) Continuance requested by appellant...........one half of original filing fee

 

(6) No filing fee will be charged for appeals of decisions on code modification requests.

 

(7) Special exception to issuance of floodplain certificate................ $ 103.00

 

(k) Contractor license application fee.................................................. $ 55.00

 

(l) Contractor license fees. The quadrennial fees for contractor licenses shall

be..................................................................................................................$ 167.00

 

See Sec. 18-327 for list of applicable license classes.

 

Contractor license fees shall not be refundable.

 

(m) Certificate of qualification application fee..................................... $ 55.00

 

(n) Certificate of qualification renewal fee. The quadrennial renewal fee for all certificates of qualification shall be $ 167.00, except that the certificate fee shall be waived for employees of the city who work for the city as tradesmen or inspectors. Certificates of qualification shall be issued at no charge for the first four years and shall be renewed quadrennial thereafter at the rate established by this chapter.

 

(o) Encroachment fees.

 

(1) Encroachment permit application fee. Applications submitted pursuant to section 18-40 (Chapter 32 of the International Building Code, as amended) of this chapter for approval of private use of public property shall be assessed an application fee of $136.00. This fee is not intended to represent any rental or other payments that may also be required by the city.

 

(2) Encroachment license fee. Encroachment into the right-of-way will be subject to the imposition of an annual license fee of $ 58.00 plus $0.58 per square foot of encroachment. Aerial (over seven feet above grade) or underground encroachments shall be charged $ 58.00 plus $0.29 per square foot. Encroachments granted to the State of Missouri and the United States will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to these public entities.

 

(p) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above, except Sections 18-20(b)(2) and 18-20(b)(3), to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 18-21. Inspections.

 

(a) Authority of building official; duties of permittee.

 

(1) All construction or work for which a permit is required under this chapter shall be subject to inspection by the building official, and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous inspection as specified in section 18-22.

 

(2) Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of any other ordinances. Inspections presuming to give authority to violate or cancel the provisions of this chapter or any other ordinances shall not be valid.

 

(3) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

 

(4)               A survey of the lot may be required by the building official to verify that the structure is located in accordance with approved plans.

(5)               It shall be the duty of the permit applicant to install and maintain effective erosion and sediment control measures as specified in section 3307 of the International Building Code, as adopted by Article II of this chapter. Should it be found that required erosion and sedimentation control measures have not been installed, the building official may refuse any inspection requests for work requiring inspections until such time as the site complies with the requirements of this chapter. Should it be found that the installed erosion and sediment control measures are ineffective or are not being maintained properly, the building official shall give notice to the permit holder. Subsequent inspections may be refused if the erosion and siltation control measures are ineffective, or not being maintained.

(6) Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

 

(b) Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.

 

(c) Approval of successive portions of work, final inspection.

 

(1) Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate that the portion of the construction or demolition is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the construction or demolition fails to comply with this chapter. Any portions which do not comply shall not be covered or concealed until authorized by the building official.

 

(2) There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

 

(d) Required inspections.

 

(1) Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the building official.

 

(2) The building official, upon notification from the permit holder or permit holder's agent, shall make the following inspections and shall either approve that portion of the construction or demolition as completed or shall notify the permit holder or his agent wherein the construction fails to comply with this chapter:

 

a. Footing or foundation inspection. A footing and foundation inspection shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job; except, where concrete is ready-mixed in accordance with ASTM C94, the concrete need not be on the job. Where the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.

 

b.                  Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be made after all in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is poured or floor sheathing installed, including the subfloor.

c. Prebackfill. A prebackfill inspection shall be made after the foundation drainage and damproofing systems are complete and prior to backfilling.

 

d. Rough-in inspection. A rough-in inspection shall be made after such work as framing, fireblocking, roof, piping, vents, ductwork, chimneys, wiring, etc., are in place and prior to concealment.

 

e. Fire resistive rated assembly. A fire resistive rated assembly inspection shall be made at such time so as to verify that the construction of each fire resistive rated assembly is in accordance with its listing.

 

f. Fire-resistant penetrations. An inspection shall be made of the firestopping or fireblocking of all penetrations, joints, etc., prior to concealment.

g. Masonry throat inspection. For masonry fireplaces only, a masonry throat inspection shall be made after the firebox is built and the 1st flue liner is in place. Construction of chimney may not continue until this inspection is approved.

 

h.                  Utility connection inspections. Gas or electric service inspections shall be made prior to connection to the utility source. See Section 18-11 of this article.

 

i. Performance tests. Performance tests shall be conducted by the permit holder as required by this chapter, or as otherwise required by the building official.

 

j. Demolition (basement and sewer) inspection. A basement and sewer inspection shall be made prior to the filling of the excavation and/or final grading of the property.

 

k. Final inspection. A final inspection shall be made after all work under permit has been completed for the building, tenant space or demolition.

(e) Other inspections. In addition to the inspections specified in subsection (d) of this section, the building official may make or require other inspections of any construction or demolition work to ascertain compliance with the provisions of this chapter or any other ordinances.

 

(f) Building service equipment inspections. The requirements of this section shall not be considered to prohibit the operation of any building service equipment installed to replace existing building service equipment serving an occupied portion of the building if a request for inspection of such building service equipment has been filed with the building official not more than 48 hours after such replacement work is completed, and before any portion of such building service equipment is concealed by any permanent portion of the building.

 

(g) Periodic inspections.

 

(1) Elevators.

 

a. Generally. All elevator equipment, vertical and inclined, shall be inspected as required by article IX of this chapter.

 

b. Issuance of certificate of inspection. Where the inspections and tests indicate that the installation is in a safe operating condition, and, in the case of a new installation, conforms to this article, and the plans and specifications are filed, the building official shall issue a certificate of inspection to the owner of the elevator or the owner's agent. Such certificate shall be kept posted on the elevator. In the case of escalators and manlifts, such certificate shall be posted in a conspicuous place adjacent to the entrance of each escalator or manlift. No elevator, dumbwaiter, escalator, moving walk, workmen's hoist, manlift, chairlift or wheelchair lift which is covered by this chapter shall be used without such certificate. The owner, tenant, occupant or maintainer of property on which elevator equipment is being operated shall be responsible for the following use of such elevators: Freight elevators shall be ridden by the operator and freight handler persons only, and no-rider elevators shall not be ridden by persons.

 

c. Revocation of certificate of inspection. Any certificate issued may be revoked if it is determined that the equipment is not in compliance with this chapter or that the fee for any required inspection or test has not been paid.

 

d. Fees for tests and inspections. Fees for tests and inspections shall be as provided in section 18-20 of this chapter.

 

e. Limited certificates. The building official may permit the temporary use of any equipment regulated by this chapter during the installation, alteration or repair, under the authority of a limited certificate issued for each class of service. Such limited certificate shall not be issued until the equipment has been tested under contract load and the car or counterweight safeties, terminal-stopping devices and other safety equipment has been tested and found to be safe for the class of service. Equipment operating under the authority of a limited certificate may be shut down or be subject to a double inspection fee if repairs or other requirements have not been completed in a timely manner.

 

(2) Underground space.

 

a. Generally. All new and existing underground spaces shall be inspected for structural adequacy at least once every five years. A report of the findings of such inspection shall be submitted to the building official to verify the conditions found on each occasion. The report shall be certified by a professional engineer registered to practice in the state. The report shall state that, in the opinion of the professional engineer, the underground space is safe and in such condition that it is capable of carrying the loads for which it was originally designed without any repairs or modifications, or what areas require repair before such certification can be given.

 

b. Issuance of certificate of inspection. Where the inspection indicates that the installation is in a safe operating condition, and, in the case of a new installation, conforms to this chapter and this article, a certificate of inspection shall be issued to the owner or the owner's agent. Such certificate shall be maintained in an appropriate location.

 

c. Revocation of certificate of inspection. Any certificate issued may be revoked if it is determined that the installation is not in compliance with this chapter or that the fee for certificate of inspection has not been paid.

 

d. Fee for certificate of inspection. Fees for certificate of inspection shall be as provided in section 18-20 of this chapter.

 

(3) Communication towers for television and radio transmission or reception.

 

a. Generally. All new and existing structures shall be inspected for structural adequacy at least once every five years. A report of the findings of such inspection shall be submitted to the building official to verify the conditions found on each occasion. The report shall be certified by a professional engineer registered to practice in the state. The report shall state that, in the opinion of the professional engineer, the structure is safe and in such condition that it is capable of carrying the loads for which it was originally designed without any repairs or modifications, or what areas require repair before such certification can be given.

 

b. Issuance of certificate of inspection. Where the inspection indicates that the installation is in a safe operating condition, and, in the case of a new installation, conforms to this chapter and this article, a certificate of inspection shall be issued to the owner or the owner's agent. Such certificate shall be maintained in an appropriate location.

 

c. Revocation of certificate of inspection. Any certificate issued may be revoked if it is determined that the installation is not in compliance with this chapter or that the fee for certificate of inspection has not been paid.

 

d. Fee for certificate of inspection. Fees for certificate of inspection shall be as provided in section 18-20 of this chapter.

 

Sec. 18-22. Special inspections.

 

When required by the building official and in addition to the inspections required by section 18-21, the owner or the engineer or architect of record acting as the owner's agent shall employ one or more special inspectors, who shall provide inspections during construction on the types of work listed in Chapter 17 of the International Building Code. All special inspection activities shall be in accordance with the policies established and published by the building official in the DCA Special Inspections Manual.

 

(Sec. 18-23. Certificate of occupancy.

 

(a) Required. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building, structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of any other ordinances. Certificates presuming to give authority to violate or cancel the provisions of this chapter or any other ordinances shall not be valid.

 

(b) Change in use. Changes in the character or use of a building shall not be made except as specified in either Chapter 34 of the International Building Code or the International Existing Building Code.

 

(c) Issuance; contents. It shall be the responsibility of the permit holder to request a final inspection and to apply for a certificate of occupancy when required. The permit holder shall be excused from this responsibility only if the owner of property has applied for and secured a certificate of occupancy. After the building official or his authorized representative inspects the building or structure and finds no violations of the provisions of this chapter or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy, which shall contain the following:

 

(1)               The building permit number.

 

(2)               The address of the structure.

 

(3)               A description of that portion of the structure for which the certificate is issued.

 

(4)               A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and the use for which the proposed occupancy is classified.

(5)               The name of the building official.

(6)               The edition of the code under which the permit was issued.

(7)               The use and occupancy, in accordance with the provisions of chapter 3 of the International Building Code.

(8)               The type of construction as defined in chapter 6 of the International Building Code.

(9)               Any special stipulations and conditions of the building permit.

(10)           Whether an automatic sprinkler system is provided throughout the building.

 

(d) Temporary certificate of occupancy. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the building is completed, a temporary certificate of occupancy may be issued for the use of a portion of a building or structure prior to the completion of the entire building or structure.

 

(e) Violations. It shall be unlawful for:

 

(1) A permit holder or building owner to permit occupancy of a structure before a certificate of occupancy is issued.

 

(2) A permit holder or building owner to permit occupancy of any structure for which a temporary certificate of occupancy has been issued and the temporary certificate has expired.

 

(3) Any person to occupy any structure for which a certificate of occupancy has not been issued.

 

(4) Any person to occupy any structure for which a temporary certificate of occupancy has been issued and the temporary certificate has expired.

 

(f) Suspension or revocation. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any provisions of this code, or other pertinent laws or ordinances within this code. The holder of a certificate of occupancy may request a hearing before the building official to consider the suspension or revocation of a certificate of occupancy.

 

(Sec. 18-24. Prefabricated construction.

 

A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the building official to determine compliance with this chapter, and a final inspection shall be provided in accordance with subsection 18-21(d)(2)g.

 

Secs. 18-25‑‑18-39. Reserved.

 

ARTICLE II. BUILDING CODE

 

Sec. 18-40. Adoption of International Building Code (2012); amendments.

 

The International Building Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Building Code. The following provisions coinciding with provisions of the International Building Code supersede, or delete, when indicated, the corresponding provisions of the International Building Code:

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1, Scope and Administration, is deleted. See Article I of this chapter.

 

202 DEFINITIONS. The following definitions have been revised or added (remainder of Section 202 unamended):

 

Historic Buildings. Buildings that are listed in the National Register of Historic Places, or designated as historic under an appropriate state or local law (see Sections 3409 and 3411.9).

 

308.3.1 Five or fewer persons receiving care. A facility such as listed in section 308.3 with five or fewer persons receiving such care shall be classified as Group R-3 or shall comply with the International Residential Code.

 

308.4.1 Five or fewer persons receiving care. A facility such as listed in section 308.4 with five or fewer persons receiving such care shall be classified as Group R-3 or shall comply with the International Residential Code.

 

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.

 

SECTION 425

PROHIBITED MATERIALS

 

425.1 General. Building materials containing nickel-zinc ferrite or other similar materials are prohibited in the construction of buildings and other structures if the use of such materials has the effect of blocking wireless public safety communication transmissions.

 

Exception: Materials essential to the structural or fire resistive integrity of the building or structure or as required in medical facilities.

 

SECTION 426

PHYSICAL SECURITY FOR DWELLING UNITS

 

426.1 Purpose. The purpose of this Section is to establish minimum standards that incorporate physical security to make dwelling units resistant to unlawful entry.

 

426.1.1 Scope. This section shall apply to all exterior doors providing direct access into a dwelling unit, where the exterior door is accessible from grade.

 

Exceptions:

 

1. Vehicle access doors.

2. Storm or screen doors.

 

426.2 Doors. Doors shall comply with Sections 426.2.1 through 426.2.3.

 

426.2.1 Wood doors. Wood doors shall be of solid core construction such as high-density particleboard, solid wood, or wood block core with a minimum nominal thickness of one and three-fourths inches (1 3/4") at any point.

 

Exception: Solid wood panels shall be a minimum of one inch (1”) thick. The tapered portion of the panel that inserts into the groove of the door shall be a minimum of one-quarter inch (¼”) thick. The groove shall be a dado groove or applied molding construction. The groove shall be a minimum of one-half inch (½”) in depth.

 

426.2.2 Steel doors. Steel doors shall be a minimum nominal thickness of one and three-fourths inches (1 ¾”) and shall have a minimal skin thickness of 24 gauge.

 

426.2.3 Fiberglass doors. Fiberglass doors shall be a minimum nominal thickness of one and three fourths inches (1 ¾”) and shall have a minimum skin thickness of one-sixteenth inch (1/16").

 

426.3 Door frames. Door frames shall comply with Sections 426.3.1 through 426.3.4 and shall be installed in accordance with the manufacturer’s installation instructions. Door frames shall be installed prior to rough-in inspection.

 

426.3.1 Wall framing at door openings. Door frames shall be set in openings constructed with double studs on each side. Doors with sidelights shall have double stud construction on each side of the door and on each side of the sidelight(s). Horizontal blocking shall be placed between studs at the door lock height for three (3) stud spaces on each side of the door opening.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

426.3.2 Wood frames. Door jambs shall be a minimum nominal thickness of three fourths inches (¾”) and shall be installed with solid backing in a manner so no void exists between the strike side of the jamb and the frame opening for a vertical distance of twelve inches (12") each side of the strike. Filler material shall consist of solid wood blocking.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

426.3.3 Steel frames. Steel door frames shall be constructed of 18 gauge or heavier steel with reinforcement at the hinges and strikes. Steel frames shall be anchored to the wall in accordance with manufacturer specifications.

 

426.3.4 Sliding doors. Sliding door assemblies shall be installed to prevent the removal of the panels and the glazing from the exterior. Shims or screws shall be installed in the upper track of doors that slide on the bottom track or doors shall be provided with equivalent protection as approved by the building official.

 

426.4 Door hardware. Door hardware shall comply with Sections 426.4.1 through 426.4.7.

 

426.4.1 Hinges. Hinges for swinging doors shall comply with the following:

 

A.                A minimum of three (3) four inch (4”) hinges shall be installed on each swinging door.

 

B.                 Each hinge shall be attached to the frame with at least two (2) screws, not less than three inches (3”) in length and penetrating at least one inch (1”) into the nearest stud. Solid wood fillers or shims shall be used to eliminate any space between the wall structure and door frame behind each hinge.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

C.                 Hinges for out-swinging doors shall be equipped with mechanical interlock to preclude the removal of the door from the exterior.

 

426.4.2 Locks. Swinging doors shall be provided with a single-cylinder deadbolt locking device (keyed on exterior only) with a minimum projection of one inch (1"). The deadbolt shall penetrate at least three-fourths inch (3/4") into the strike receiving the projected bolt. The cylinder shall have a twist-resistant, tapered hardened steel cylinder guard. The cylinder shall have a minimum of five (5) pin tumblers, shall be connected to the inner portion of the lock by solid metal connecting screws at least one-fourth inch (1/4") in diameter and two and one-fourth inches (2-1/4") in length. The bolt assembly (bolt housing) unit shall be of single piece construction. All deadbolts shall meet ANSI grade 2 specifications.

 

Exception: Doors with integral multi-point locking devices.

 

426.4.3 Strike plates. The deadbolt strike plate shall be a minimum of 18 gauge metal with four offset screw holes. The strike plate shall be attached to the door jamb with four screws not less than three inches (3") in length, and penetrating at least one inch (1”) into the nearest stud.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

426.4.4 Door edge protector. A metal L-shaped or U-shaped door edge protector shall be installed around the bolt projection of the deadbolt to protect the door’s edge.

 

426.4.5 Double doors. The inactive leaf of a double swinging door shall be provided with flush bolts having an engagement of not less than one inch into the head and threshold of the door frame.

 

426.4.6 Sliding doors. All sliding glass doors shall be equipped with a secondary locking device consisting of a metal pin, a surface mounted bolt assembly, or other equivalent device as approved by the building official. Where used, metal pins shall be installed at the intersection of the inner and outer panels of the inside door and shall not penetrate the frame’s exterior surface.

 

426.5 Entry vision and glazing. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. The view may be provided by a door viewer having a field of view not less than 180 degrees or through windows or view ports.

 

426.6 Exterior Lighting. In addition to the lighting outlet requirements of Article IV of this chapter, exterior lighting shall be provided in accordance with this section.

 

426.6.1 Front and street side exterior lighting. All doors shall be protected with a minimum of one lighting outlet providing a minimum of 60 watt lighting (or energy efficient equivalent).

 

426.6.2 Lighting protection. Lighting outlets required by this section shall be located a minimum of eight feet (8’) above grade or adjacent walking surface accessible from grade, or shall be of a type manufactured such that the light bulb is not readily accessible.

903.2.8, Exception. An automatic sprinkler system is not required in a detached single family dwelling, a detached two-family dwelling (duplex), or in an attached single-family dwelling (townhouse), where under the scope of this Article:

A builder of a detached one- or two-family dwelling or townhouse 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 fire sprinklers in the dwelling or townhouse. The purchaser shall have the right to choose or decline to install a fire sprinkler system. This notification requirement is provided in accordance with, and shall expire in conjunction with, Missouri Statute (RSMO 67.281).

903.3.1.1.1, Exempt Locations, Item 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official and the building code official.

907.2.3 Group E, Exception 4. An emergency voice/alarm communication system is not required to be part of the manual fire alarm system for a “day care facility” as described in Section 305.2.

1004.3 Posting of occupant load. Every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in a conspicuous place, near the main exit or exit-access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall bear the following: the signature of the building official, the number of occupants permitted for each room use, the occupancy group of the space, and the year of the code in effect at time of approval. Posted signs shall be maintained by the owner or authorized agent.

 

Exception: The approved occupant load sign may be located behind a decorative openable panel in the room or space or may be located in the building manager’s office whenever access to the approved sign is readily available 24 hours per day and the occupant load is otherwise posted in the room as required in this section, along with directions for locating the approved sign.

 

SECTION 1612

FLOOD LOADS

 

See Code of Ordinances, Chapter 28 – Floodplain Management.

 

1809.5.1 Frost Line. The design frost line shall be 36 inches (915mm).

3001.2 Referenced standards. Except as otherwise provided for in this code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to Article IX of this code.

 

3201.1.1 Encroachment. No part of any structure or any appendage thereto shall project beyond the property line of a building site and encroach below, on or above public property, except where allowed without a permit in this section, unless authorized by an encroachment permit, or as otherwise permitted by special ordinance.

 

3201.5 Encroachment permit required. The building official may issue an encroachment permit to construct an encroachment based on plans prepared according to the provisions of section 18-18 showing construction and clearances in compliance with section 3202 and required approval of the municipal art commission, the department of public works or the department of parks and recreation, and other public utilities and agencies. The building official shall find that the portion of the right-of-way to be used by the adjoining property owner is not required, or anticipated to be required in the immediate future, for special use by the city or other occupants of the right-of-way, and can be used by the adjoining property owner without impeding the public interest in maintaining the right-of-way. Encroachment permits requiring exceptions to the requirements of this chapter may be reviewed and approved by special ordinance of the city council.

 

The permittee shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

3201.5.1 Liability insurance with either a combined single-limit policy of $500,000.00, or a split-limit policy of $100,000.00/$300,000.00 bodily injury and $100,000.00 property damage.

 

3201.5.2 The city shall be added as an additional insured to such policy by separate endorsement.

 

3201.5.3 The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least ten days prior thereto.

 

3201.5.4 Before the permit is issued, and annually thereafter, the permittee shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (2) and (3) have been met.

 

Authorization for an encroachment shall be construed as a permit and not a grant and may be revoked by the city at any time; and, upon revocation, the permittee or the owner of the property adjacent to or adjoining such encroachment, at the same time the removal of the encroachment may be required, shall cause the removal of the encroachment and construction of necessary walls and footings to protect the public property, without expense to the city.

 

Exceptions: Encroachment permits shall not be required for:

 

1.                  Cornices, sills, pediments and similar projections of decorative character when not more than ten inches beyond the property line, provided that every part of such projection is not less than ten feet above the sidewalk and not less than 15 feet above any alley or vehicular trafficway.

2.                  Wheel guards of metal or concrete with rounded surfaces when encroaching onto public property, except alleys, not more than ten inches and not more than 18 inches above grade.

3.                  Metal wall plates and metal angle corners when projecting onto public property not more than one inch.

4.                  Sill cocks, fire department connections and sprinkler system control valves when encroaching onto public property not more than eight inches.

5.                  Awnings providing construction, projection, clearances and design conforming with section 3202.

6.                  Footings conforming with section 3202.1.1.

7.                  Curbs or buffer blocks projecting not more than nine (9) inches and not exceeding a height of nine (9) inches above grade.

8.                  Wall signs extending not more than one foot beyond the face of the wall and located not less than 10 feet above the grade of any public sidewalk or 15 feet above the grade of any public street or alley.

9.                  Sidewalk cafes permitted under Section 64-164, Code of Ordinances.

 

3201.6 Existing encroachments. Parts of existing buildings and structures which already lawfully project beyond the street lot line or building line may be maintained as constructed until their removal is directed by the building official.

 

3201.7 License fees. Encroachment into the right-of-way will be subject to the imposition of an annual license fee as required by Article I of this chapter. Encroachments granted to the political subdivisions of the State of Missouri, to the State of Missouri and its agencies, and to the United States and its agencies will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to these public entities, so long as said encroachments serve a public purpose; however, community improvement districts, neighborhood improvement districts and transportation development districts shall not be exempt from encroachment fees.

 

3201.8 Denial of an encroachment permit by the director of city planning and development. Denial of an encroachment permit by the director of city planning and development for any reason, including the finding that the proposed encroachment intrudes into the public right-of-way in such a way that it may impede the public’s use of the right-of-way or that requirements of this code are not met, may not be appealed to the building and fire codes board of appeals. Upon denial by the director of city planning and development, and upon the request of the applicant, an ordinance will be introduced by the director of city planning and development by which the city council will determine whether to approve the requested encroachment.

 

SECTION 3303

DEMOLITION.

 

3303.1 General. The work of demolition or moving of any building shall not commence until the structures required for protection of persons and property are in place. Such structures shall conform to the requirements as set forth in chapter 33 of this article.

 

The building official may require the permittee to submit plans and a complete schedule for demolition or moving work.

 

3303.2 Scope. In addition to the other requirements of this article and the general ordinances, this section shall govern the demolition and moving of buildings and structures. Any device or equipment such as scaffolds, ladders, derricks, hoists or similar items used in connection with demolition shall be constructed, installed and maintained and operated in accordance with the regulations governing the construction, installation, maintenance and operation of such device or equipment as specified in other portions of this article.

 

3303.3 Loads. Structures or parts of structures, or any floor or temporary support, scaffold, sidewalk barricade, bridge, device or equipment, shall not be loaded in excess of the safe carrying capacity.

 

3303.4 Warning signs. When required, demolition jobs shall be provided with danger signs, which shall be conspicuously posted around the property.

 

3303.5 Lights. Between sunset and sunrise, adequate lights shall be provided to properly protect persons and property from hazards of pits, excavations, fences, barriers, equipment, building materials or rubbish in, upon or near a sidewalk or street. All walkways shall be provided with lights as follows:

 

3303.5.1 Amber lights, with capacity of at least 100 watts, on the street side of the walkway at both ends and near the corner.

 

3303.5.2 Other lighting consisting of 60-watt lights spaced every ten feet along the walkway.

 

3303.6 Dust. All material to be removed shall be wet sufficiently to lay the dust incidental to its removal.

 

3303.7 Rubbish and waste. All adjacent streets, alleys and other public ways and places shall be kept free and clear of all rubbish, refuse and loose material resulting from the moving, demolition or demolition operations.

 

3303.8 Fences. The building official may require that a fence be constructed on or around any demolition site, when deemed necessary to protect the public.

 

3303.9 Methods of demolition.

 

3303.9.1 General. Except for the cutting of holes in floors for chutes and holes through which to drop materials, preparation of storage space and other necessary preparatory work, demolition of exterior walls and floor construction shall begin at the top of the structure and proceed downward, and each story or exterior wall and floor construction shall be removed and dropped into the storage space before commencing the removal of walls and floors in the story next below. This requirement shall not prohibit the demolition of a structure in sections if positive means are taken to prevent injury to person or damage to property. The use of other methods may be permitted when approved in advance by the building official.

 

3303.9.2 Protection of openings. All floor openings and shafts not used for material chutes shall be floored over or enclosed with guardrails and toe boards.

 

3303.9.3 Stairs and ladders. All stairs and ladders shall be maintained in a safe condition, and at least one stairway shall be accessible as each floor is demolished.

 

3303.10 Removal of materials.

 

3303.10.1 Through chutes. Materials shall not be dropped by gravity to any point lying outside the exterior walls of the building except through enclosed wood or metal chutes.

 

Exception: Where the distance from the property line or sidewalk is equal to or greater than the height of the demolition work, materials may be dropped to the ground, provided dust control is maintained in accordance with the provisions of other portions of this chapter.

 

3303.10.2 Through floor openings. If debris is dropped through holes in the floor without the use of chutes, the total area of the hole cut in any intermediate floor (one which lies between the floor that is being demolished and the storage floor) shall not exceed 25 percent of such floor area.

 

3303.11 Condition of site. Upon completion of the removal of the building, structure or utility, all fencing, pedestrian protection and demolition debris and refuse of any kind shall be removed from the site. Excavations, basements or cellars shall be filled with inorganic material; provided, however, the top one foot of fill shall be clean earth. The filling of such excavation may not be required when a building permit has been issued for a new building on a site and the construction thereof is to start within 60 days after the completion of demolition or moving operations. The holder of the building permit shall provide such excavation with a temporary barricade protecting the excavation on all sides as specified for safety by the director of city planning and development. Temporary barricades may remain in position for a time not exceeding five days, after which a solid barricade shall be provided or the excavation filled.

 

3307.2 Temporary Erosion and Sediment Control. Erosion and sediment control measures shall be provided for disturbed areas (clearing, grading, excavating, filling, storing, or disposing of soil and earth materials) greater than 300 square feet, where an application has been submitted or an application is required to be submitted to the building official for a building permit or grading permit. Erosion and sediment control measures shall comply with the adopted standards by the director of public works. Measures that fail to provide erosion and sediment control to the adopted standards by the director of public works shall be considered not in compliance with this manual. All control measures shall remain in place and maintained until the site has been stabilized and the measures are no longer necessary.

 

3409.1 Historic buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure or its building service equipment may be made without conformance to all the requirements of this code when authorized by the building official, provided:

 

3409.1.1 Any unsafe conditions as described in this chapter are corrected.

 

3409.1.2 The restored building or structure and its building service equipment will be no more hazardous, based on life safety, fire safety and sanitation, than the existing building.

 

3409.2 Flood Hazard Areas is deleted. See Code of Ordinances, Chapter 28 – Floodplain Management.

3412.2 Applicability. Structures existing prior to 1878, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 through 3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in Group H or I.

3412.2.1, 3412.2.2, 3412.2.3, 3412.2.4 and 3412.2.5 are adopted without amendment.

 

Chapter 35 Referenced Standards. The following standards are amended as noted. (All other referenced standards remain unamended.)

 

ASME A17.1 See Article IX of this chapter.

ASME A18.1 See Article IX of this chapter.

 

Appendices: The following appendix chapters are hereby adopted:

 

Appendix C - Group U - Agricultural Buildings.

 

Appendix H – Signs, as amended by Article X of this chapter.

 

Appendix J – Grading.

 

J103 – Delete

 

J105 - Delete

 

Secs. 18-41‑‑18-56. Reserved.

 

ARTICLE III. RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS

 

Sec. 18-57. Adoption of International Residential Code (2012); amendments.

 

The International Residential Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Residential Code. The following provisions coinciding with provisions of the International Residential Code supersede or delete, when indicated, the corresponding provisions of the International Residential Code:

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this code.

 

Chapter 1, Scope and Administration, is deleted. See Article I of this chapter.

 

For temporary erosion and sediment control requirements see section 3307.2 of Article II of this chapter.

 

R202 DEFINITIONS -- The following definitions have been revised or added (remainder of Section R202 unamended):

 

TOWNHOUSE. A single-family dwelling unit, in which each unit extends from foundation to roof and with a yard or public way on at least two sides, constructed:

In a group of three or more attached units; or,

In a group of two attached units where a property line exists between the units on the underlying parcels.

 

WATER SERVICE PIPE. The pipe from the water main or other source of potable water supply to the first shut-off valve downstream of all of the following (as applicable): 1. the point of entrance into the building; 2. the water meter; or 3. the service backflow prevention device.

 

Table R301.2 (1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

 

GROUND

SNOW

LOAD

WIND DESIGN

SEISMIC

DESIGN

CATEGORYf

SUBJECT TO DAMAGE FROM

Speedd (MPH)

Topographic Effectsk

 

Weatheringa

Frost

line

depthb

Termitec

 

20 psf

90

No

A

Severe

36”

Moderate

To

Heavy

 

 

WINTER

DESIGN

TEMPe

ICE BARRIER

UNDERLAYMENT

REQUIREDh

FLOOD

HAZARDSg

AIR

FREEZING

INDEXi

MEAN

ANNUAL

TEMPj

6°F

No

See

Ordinance

Chapter 28

1000° F-days

54.2° F

(See 2012 International Residential Code for footnotes.)

 

Table R302.1(1)

EXTERIOR WALLS

Add or amend the following rows from Table R302.1 as follows (remainder of Table unamended):

EXTERIOR WALL ELEMENT

MINIMUM

FIRE-RESISTANCE RATING

MINIMUM FIRE SEPARATION DISTANCE

 

 

 

Projections

Not Allowed

N/A

< 2 feet

Fire-resistance rated

1 hour on the underside

2 feet

Not fire-resistance rated

0 hours

5 feet

 

R302.2 Townhouses, Exception. A common 2-hour wall fire-resistance-rated wall assembly tested in accordance with ASTM E 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with Section 302.4.

 

R303.4 Mechanical ventilation. Where the air infiltration rate of a dwelling unit is less than 3 air changes per hour when tested with a blower door at a pressure of 0.2 inch w.c. (50 Pa) in accordance with Section N1102.4.1.2, the dwelling unit shall be provided with whole-house ventilation in accordance with Section M1507.3.

 

R310.1 Emergency escape and rescue required, Exception 2. Except where sleeping rooms are created, emergency escape and rescue openings need not be increased in existing basements undergoing interior finish renovation.

 

R313 AUTOMATIC FIRE SPRINKLER SYSTEMS. A builder of a one- or two-family dwelling or townhouse 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 fire sprinklers in the dwelling or townhouse. The purchaser shall have the right to choose or decline to install a fire sprinkler system. This notification requirement is provided in accordance with, and shall expire in conjunction with, Missouri Statute (RSMO 67.281).

 

R315.3 (Carbon monoxide alarms in existing dwellings),

 

Exceptions:

 

1.                  Work involving the exterior surfaces of dwellings, such as the replacement of sheathing, or the addition of a window, porch or deck, are exempt from the requirements of this section.

2.                  Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section.

 

R322 Flood-Resistant Construction. See Code of Ordinances, Chapter 28 – Floodplain Management.

 

R324 Moved Structures. Structures moved into or within the jurisdiction shall comply with the provisions of this code for new structures.

 

R325 Physical Security

 

R325.1 Purpose. The purpose of this Section is to establish minimum standards that incorporate physical security to make dwelling units resistant to unlawful entry.

 

R325.1.1 Scope. This section shall apply to all dwelling unit exterior doors.

 

Exceptions:

 

1. Vehicle access doors.

2. Storm or screen doors.

 

R325.2 Doors. Doors shall comply with Sections R325.2.1 through R325.2.3.

 

R325.2.1 Wood doors. Wood doors shall be of solid core construction such as high-density particleboard, solid wood, or wood block core with a minimum nominal thickness of one and three-fourths inches (1 3/4") at any point.

 

Exception: Solid wood panels shall be a minimum of one inch (1”) thick. The tapered portion of the panel that inserts into the groove of the door shall be a minimum of one-quarter inch (¼”) thick. The groove shall be a dado groove or applied molding construction. The groove shall be a minimum of one-half inch (½”) in depth.

 

R325.2.2 Steel doors. Steel doors shall be a minimum nominal thickness of one and three-fourths inches (1 ¾”) and shall have a minimal skin thickness of 24 gauge.

 

R325.2.3 Fiberglass doors. Fiberglass doors shall be a minimum nominal thickness of one and three fourths inches (1 ¾”) and shall have a minimum skin thickness of one-sixteenth inch (1/16").

 

R325.3 Door frames. Door frames shall comply with Sections R326.3.1 through R326.3.4 and shall be installed in accordance with the manufacturer’s installation instructions. Door frames shall be installed prior to rough-in inspection.

 

R325.3.1 Wall framing at door openings. Door frames shall be set in openings constructed with double studs on each side. Doors with sidelights shall have double stud construction on each side of the door and on each side of the sidelight(s). Horizontal blocking shall be placed between studs at the door lock height for three (3) stud spaces on each side of the door opening.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

R325.3.2 Wood frames. Door jambs shall be a minimum nominal thickness of three fourths inches (¾”) and shall be installed with solid backing in a manner so no void exists between the strike side of the jamb and the frame opening for a vertical distance of twelve inches (12") each side of the strike. Filler material shall consist of solid wood blocking.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

R325.3.3 Steel frames. Steel door frames shall be constructed of 18 gauge or heavier steel with reinforcement at the hinges and strikes. Steel frames shall be anchored to the wall in accordance with manufacturer specifications.

 

R325.3.4 Sliding doors. Sliding door assemblies shall be installed to prevent the removal of the panels and the glazing from the exterior. Shims or screws shall be installed in the upper track of doors that slide on the bottom track or doors shall be provided with equivalent protection as approved by the building official..

 

R325.4 Door hardware. Door hardware shall comply with Sections R326.4.1 through

R326.4.7.

 

R325.4.1 Hinges. Hinges for swinging doors shall comply with the following:

 

D.                A minimum of three (3) four inch (4”) hinges shall be installed on each swinging door.

 

E.                 Each hinge shall be attached to the frame with at least two (2) screws, not less than three inches (3”) in length and penetrating at least one inch (1”) into the nearest stud. Solid wood fillers or shims shall be used to eliminate any space between the wall structure and door frame behind each hinge.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

C. Hinges for out-swinging doors shall be equipped with mechanical interlock to preclude the removal of the door from the exterior.

 

R325.4.2 Locks. Swinging doors shall be provided with a single-cylinder deadbolt locking device (keyed on exterior only) with a minimum projection of one inch (1"). The deadbolt shall penetrate at least three-fourths inch (3/4") into the strike receiving the projected bolt. The cylinder shall have a twist-resistant, tapered hardened steel cylinder guard. The cylinder shall have a minimum of five (5) pin tumblers, shall be connected to the inner portion of the lock by solid metal connecting screws at least one-fourth inch (1/4") in diameter and two and one-fourth inches (2-1/4") in length. The bolt assembly (bolt housing) unit shall be of single piece construction. All deadbolts shall meet ANSI grade 2 specifications.

 

Exception: Doors with integral multi-point locking devices.

 

R325.4.3 Strike plates. The deadbolt strike plate shall be a minimum of 18 gauge metal with four offset screw holes. The strike plate shall be attached to the door jamb with four screws not less than three inches (3") in length, and penetrating at least one inch (1”) into the nearest stud.

 

Exception: Installations provided with alternative reinforcing methods as approved by the building official where it is determined that such alternative methods are at least the equivalent of that prescribed with respect to strength and safety.

 

R325.4.4 Door edge protector. A metal L-shaped or U-shaped door edge protector shall be installed around the bolt projection of the deadbolt to protect the door’s edge.

 

R325.4.5 Double doors. The inactive leaf of a double swinging door shall be provided with flush bolts having an engagement of not less than one inch into the head and threshold of the door frame.

 

R325.4.6 Sliding doors. All sliding glass doors shall be equipped with a secondary locking device consisting of a metal pin, a surface mounted bolt assembly, or other equivalent device as approved by the building official. Where used, metal pins shall be installed at the intersection of the inner and outer panels of the inside door and shall not penetrate the frame’s exterior surface.

 

R325.5 Entry vision and glazing. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. The view may be provided by a door viewer having a field of view not less than 180 degrees or through windows or view ports.

 

R325.6 Exterior Lighting. In addition to the lighting outlet requirements of Section E3903, exterior lighting shall be provided in accordance with this section.

 

R325.6.1 Front and street side exterior lighting. All front and streetside door entrances shall be protected with a minimum of one lighting outlet providing a minimum of 60 watt lighting (or energy efficient equivalent).

 

R325.6.2 Rear exterior lighting. Dwelling units with windows or doors on the rear of the structure within eight feet (8') of grade or adjacent walking surface accessible from grade shall be equipped at the rear with a minimum of one lighting outlet of the flood light type providing a minimum of 65 watt lighting (or energy efficient equivalent) .

 

R325.6.3 Lighting protection. Lighting outlets required by this section shall be located a minimum of eight feet (8’) above grade or adjacent walking surface accessible from grade, or shall be of a type manufactured such that the light bulb is not readily accessible.

 

R404.4 Retaining Walls. Retaining walls that are not laterally supported at the top and that retain in excess of 48 inches (610 mm) of unbalanced fill, that support a surcharge, or are adjacent to a public right-of-way shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning.

 

R405.1, Exception 2. A filter membrane is not required where the gravel or crushed stone drain extends at least eighteen inches (18”) above the top of the footing, or where the perforated pipe is covered with at least eighteen inches (18”) of washed gravel or crushed stone.

 

R501.3 Fire protection of floors is deleted.

R602.6.1, Figure R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie of not less than 0.054 inch thick (1.37 mm) (16 ga) and 1 1/2 inches (38 mm) wide shall be fastened across and to the plate at each side of the opening with not less than four 10d nails at each side, or equivalent (or as required by the product listing, evaluation report, or manufacturer’s instructions, where applicable). The metal tie must extend a minimum of 6 inches past the opening. See Figure R602.6.1.

 

Exception: When the entire side of the wall with the notch or cut is covered by wood structural panel sheathing.

 

R703.6.2 Plaster, Exception. Plaster installed per an approved listing or evaluation report.

 

R801.3 Roof drainage. All dwellings shall have a controlled method of water disposal from roofs that will collect and discharge all roof drainage to the ground surface at least 3 feet (1524 mm) from foundation walls or to an approved drainage system.

 

R901.2 Restrictive covenants. It shall be unlawful for any individual or organization to establish or enforce restrictive covenants which prohibit or effectively prevent the owner of a one- or two-family dwelling or townhouse from using any types of shingles for roof covering materials allowed by this code, including wood shingle, wood shake shingle, composition, slate, tile, clay, or concrete. Nothing in this ordinance shall prohibit a homes association, if it determines to do so, from adopting restrictive covenants or otherwise governing the use of such roofing materials only to the extent of regulating the colors, styles, or dimensions of roofing materials, or other aesthetic factors. Notwithstanding any existing procedural provisions governing the time period for consideration of amendments of restrictive covenants by home associations to the contrary, a home association, if it determines to do so, may amend their restrictive covenants to provide for such aesthetic regulations for a period of 180 days from the effective date of this ordinance. Any such amendments after that 180 day period of time shall be subject to any procedural requirements set forth in such covenants.

 

N1101.1 through N1101.8 are deleted. See Article I of this chapter for administrative provisions.

 

Table N1102.1.1. Under Climate Zone 4, amend the following item:

‘Wood Frame Wall R-Value’ -- 13

(Remainder of table unamended.)

 

Table N1102.1.3. Under Climate Zone 4, amend the following item:

‘Wood Frame Wall U-Factor’ -- 0.082

 

(Remainder of table unamended.)

 

N1102.2.9 (Slab-on-grade floors), Exception. Insulation at the interface between the foundation wall and slab may be omitted.

 

Table N1102.4.1.1. Under ‘Walls’, amend first sentence to read: “Corners and headers shall be sealed and the junction of the foundation and sill plate shall be sealed.” Under ‘Fireplace, delete: “Fireplaces shall have gasketed doors.” (Remainder of table unamended.)

 

N1102.4.1.2 Testing. Building leakage testing shall be conducted where required by the building official. Where required by the building official, the testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the building official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. Effective January 1, 2014, the building or dwelling unit shall have an air leakage rate of not exceeding 5 air changes per hour when tested with a blower door at a pressure of 0.2 inches w.g. (50 Pascals).

 

During testing:

1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weatherstripping or other infiltration control measures;

2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures;

3. Interior doors, if installed at the time of the test, shall be open;

4. Exterior doors for continuous ventilation systems and heat recovery ventilators shall be closed and sealed;

5. Heating and cooling systems, if installed at the time of the test, shall be turned off; and,

6. Supply and return registers, if installed at the time of the test, shall be fully open.

 

N1103.2.2 Sealing (Mandatory). Ducts, air handlers, and filter boxes shall be sealed. Joints and seams shall comply with Section M1601.4.1 of this code.

 

Exceptions:

 

1. Air-impermeable spray foam products shall be permitted to be applied without additional joint seals.

2. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.

3. Continuously welded and locking-type longitudinal joints and seams in ducts operating at static pressures less than 2 inches of water column (500 Pa) pressure classification shall not require additional closure systems.

 

Duct system tightness shall be verified by testing where required by the building official. Effective January 1, 2014, duct system tightness shall comply with either of the following:

 

1. Postconstruction test: Total leakage shall be less than or equal to 4 cfm per 100 square feet of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. All register boots shall be taped or otherwise sealed during the test.

 

Exception: Post-construction test with leakage to outdoors less than or equal to 8 cfm per 100 square feet of conditioned floor area.

 

2. Rough-in test: Total leakage shall be less than or equal to 4 cfm per 100 square feet of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (25 Pa) across the system, including the manufacturer’s air handler enclosure. All registers shall be taped or otherwise sealed during the test. If the air handler is not installed at the time of the test, total leakage shall be less than or equal to 3 cfm per 100 square feet of conditioned floor area.

 

Exception: The duct system leakage test is not required for ducts and air handlers located entirely within the building thermal envelope.

 

N1103.2.2.1 (R403.2.2.1) Sealed air handler. Air handlers shall have a manufacturer’s designation for an air leakage of no more than 2 percent of the design air flow rate when tested in accordance with ASHRAE 193.

 

N1103.2.3 Building cavities (Mandatory). Building framing cavities used as ducts or plenums shall be sealed to prevent leakage through the thermal envelope.

 

N1104.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously burning pilot lights.

 

Part V, Chapter 12, Mechanical Administration, is deleted.

 

M1602.2, Prohibited Sources (Return Air), Item #4, Exception #2. Closets with a minimum floor area of 24 square feet and minimum interior dimension 4 feet, and that are conditioned by a source of supply air.

 

Sections M2001, M2002, M2003, and G2452 (Boilers) are deleted.

 

Part VII, Chapter 25, Plumbing Administration, is deleted.

 

P2602.1.1. For the purpose of this section, available means located in a public way or easement abutting the subject property and within 200 feet of the proposed building.

 

P2706.2 Standpipes. Standpipes for automatic clothes washers shall extend a minimum of 30 inches (762 mm) and a maximum of 48 inches (1219 mm) above the finished floor. The trap for a clothes washer standpipe shall be installed at a maximum of 12 inches (305 mm) above the finished floor. Access shall be provided to all standpipe traps and drains for rodding.

 

P2706.2.1 Laundry tray connection. A laundry tray waste line is permitted to connect into a standpipe for the automatic clothes washer drain. The standpipes shall not be less than 30 inches (762 mm) as measured from the crown weir. The outlet of the laundry tray shall be a maximum horizontal distance of 30 inches (762 mm) from the standpipe trap.

 

P2901.2. References in this code to water service piping shall apply only to water service piping connected to a private source of water supply. All water service piping connected to the public water supply is under the jurisdiction of the Department of Water Services.

 

P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a double check valve assembly or a reduced pressure principle backflow preventer. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer.

 

P2903.8.2 Minimum size. The minimum size of individual distribution lines shall be ½” (12.7 mm). Certain fixtures such as one-piece water closets and whirlpool bathtubs shall require a larger size where specified by the manufacturer. If a water heater is fed from one end of a cold water manifold, the manifold shall be one size larger than the water heater feed.

 

Table P3002.2 Building Sewer Pipe. Delete “PS 25, SDR 41 (PS 28), PS 35, SDR 35 (PS 46), PS 50, PS 100” from “Polyvinyl chloride (PVC) plastic pipe in sewer and drain diameters”. (Remainder of Table unamended.)

 

P3008.1 Sewage backflow, Exception. The backwater valve is not required unless the structure is connected to a combination storm/sanitary sewer, or the structure or the next downstream sewer manhole is located in the regulatory floodplain.

P3105.4 Floor drain. A floor drain (where used as such) need not be vented, provided it is within 25 feet of a three-inch stack or horizontal drain which has at least a three-inch-diameter vent extension through the roof.

 

P3114.3 Where permitted. Vents may terminate to an air admittance valve under the following conditions:

 

(1)               For sinks located where there is no wall accessible from the sink location (eg island sinks); or where access to the vent system would require notching or boring of studs in excess of the limitations of section R602.6.

 

(2) In existing construction, where the existing vent system is not accessible to the fixture location without the removal of finish materials or other existing construction.

 

E3902.2 (Garage and accessory building receptacles), Exception. Receptacles utilizing the provisions of this exception shall be permanently marked to indicate “[Type of equipment] Only – No GFCI Protection”.

 

1.                  A dedicated receptacle supplying only a garage door opener.

2.                  A dedicated receptacle supplying only a refrigerator and/or freezer.

 

E3902.5 (Unfinished basement receptacles), Exception. Receptacles utilizing the provisions of this exception shall be permanently marked to indicate “[Type of equipment] Only – No GFCI Protection”.

 

1.                  A dedicated receptacle supplying only a permanently installed fire alarm or burglar alarm system.

2.                  A dedicated receptacle supplying only a sump pump.

3.                  A dedicated receptacle supplying a refrigerator and/or freezer.

 

E3902.12 Arc-fault circuit-interrupter protection. All branch circuits that supply 120-volt, single-phase, 15- and 20-ampere outlets installed in bedrooms shall be protected by a combination type arc-fault circuit interrupter installed to provide protection of the entire branch circuit.

 

Exceptions 1, 2 & 3 remain unamended.

 

E4002.14 Tamper-resistant receptacles is deleted.

 

Part X, Appendices: The following appendix chapters are hereby adopted:

 

Appendix G, Swimming Pool Enclosures.

 

Section AG101. Swimming pools shall be completely enclosed by a barrier at least 4 feet (1290 mm) in height. Openings in the barrier shall not permit the passage of a 4-inch (102 mm) diameter sphere. Gates in the barrier shall be self-closing and self-latching; and shall be maintained locked when the pool is not tended by a responsible person.

 

Sections AG103 through AG107 are deleted.

 

Appendix I, Private Sewage Disposal. [See Article VIII of this chapter.]

 

Secs. 18-58—18-73. Reserved.

 

ARTICLE IV. ELECTRICAL CODE

 

Sec. 18-74. Adoption of National Electrical Code (2011); amendments.

 

The National Electrical Code (2011), promulgated as a standard of the National Fire Protection Association, is adopted and incorporated in this article by reference as if fully set forth.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

210.12(A) Dwelling Units. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type, installed to provide protection of the branch circuit.

 

Exceptions No. 1, 2 & 3 remain unamended.

 

406.12 Tamper-Resistant Receptacles in Dwelling Units is deleted.

 

Secs. 18-75¾18-90. Reserved.

 

ARTICLE V. FUEL GAS CODE

 

Sec. 18-91. Adoption of International Fuel Gas Code (2012); amendments.

 

The International Fuel Gas Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Fuel Gas Code. The following provisions coinciding with provisions of the International Fuel Gas Code supersede, or delete, when indicated, the corresponding provisions of the International Fuel Gas Code.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator or energy conservation code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1, Scope and Administration, is deleted; except for Section 101.2, Scope, which is hereby adopted as amended. See Article I of this chapter.

 

101.2 Scope. This code shall apply to the installation of fuel gas utilization equipment, gaseous hydrogen systems, and related accessories and shall include installation, combustion and ventilation air and venting.

 

101.2.1, 101.2.3, 101.2.4, 101.2.5 are adopted without amendment.

 

101.2.2 Piping Systems. See Article VII for fuel gas piping systems.

 

202 GENERAL DEFINITIONS. The following definition has been revised (remainder of Section 202 unamended):

 

Flood hazard area. See Code of Ordinances Chapter 28, Floodplain Management.

 

301.6 Plumbing connections. Potable water supply and building drainage system connections to appliances shall be in accordance with Article VII of this chapter.

 

401 through 411, 414 through 416 – Deleted. (See Article VII of this chapter for fuel gas piping installation requirements.)

 

627.2 Independent piping. Gas piping serving heating equipment shall be permitted to also serve cooling equipment where such heating and cooling equipment cannot be operated simultaneously. (See Article VII of this chapter.)

 

Secs.631, 632 (Boilers) – Deleted.

 

Secs. 18-92¾18-107. Reserved.

 


ARTICLE VI. MECHANICAL CODE

 

Sec. 18-108. Adoption of International Mechanical Code (2012); amendments.

 

The International Mechanical Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Mechanical Code. The following provisions coinciding with provisions of the International Mechanical Code supersede, or delete, when indicated, the corresponding provisions of the International Mechanical Code.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator,, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1, Scope and Administration, is deleted; except Section 101.2, which is hereby adopted. See Article I of this chapter.

 

101.2      Scope. This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by Article V.

 

403.3, Exception 2. Ventilation rates designed in accordance with ASHRAE Standard 62.1-2010.

 

1003, 1004, 1005, 1006.1, 1006.2, 1006.3, 1006.7, 1007, 1008, 1009, 1010, 1011 (Boilers and Pressure Vessels)—Deleted.

 

Secs. 18-109¾18-124. Reserved.

 

ARTICLE VII. PLUMBING CODE

 

Sec. 18-125. Adoption of Uniform Plumbing Code (2012); amendments.

 

The Uniform Plumbing Code (2012), promulgated by the International Association of Plumbing and Mechanical Officials, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the Uniform Plumbing Code. The following provisions coinciding with provisions of the Uniform Plumbing Code supersede, or delete, when indicated, the corresponding provisions of the Uniform Plumbing Code.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1, Administration, is deleted. See article I of this chapter.

 

In Section 204.0, the following definition has been revised:

 

Building Supply – The pipe carrying potable water from the water main or other source of potable water supply to the first shut-off valve downstream of all of the following (as applicable): 1. the point of entrance into the building; 2. the water meter; and 3. the service backflow prevention device. Building supply shall also mean water service.

 

422.0 Minimum Number of Required Fixtures. See Article II of this chapter.

 

422.1 through 422.4 and Table 422.1 – Deleted.

 

502 Permits. -- Deleted. (See Article I of this chapter.)

 

503 Inspection. -- Deleted. (See Article I of this chapter.)

 

601.3 References in this code to building supply (water service) piping shall apply only to building supply piping connected to a private source of water supply. All building supply piping connected to the public water supply is under the jurisdiction of the department of water services.

 

603.4.2.1 Certification required to director of water services. Within ten days of installation, repair, or relocation of any backflow prevention assembly that serves as a containment device directly protecting the public water system, the premise owner or other responsible person shall forward to the director of water services a statement executed by the certified backflow assembly tester that the assembly complies with this code and all other applicable statutes, ordinances, regulations, or other law. Location of the assembly shall also be included as part of the certification to the director of water services. Certification for annual or periodic testing shall also be submitted to the director of water services in accordance with the requirements of the director of water services.

 

603.5.6 (5) Double check valve backflow preventer

 

603.5.6.2 (5) Double check valve backflow preventer

 

603.5.6.4 A backflow prevention assembly installed in accordance with Sections 603.5.6 or 603.5.6.2 that serves as the only means of containment from the public water system shall be either a double check valve backflow preventer or a reduced pressure backflow preventer.

 

701.1(2) See Article II of this chapter for firestop protection requirements. See Article VI of this chapter for regulation of materials exposed within ducts or plenums.

 

Table 701.1, Materials for Drain, Waste, Vent Pipe and Fittings. Insert the following material (remainder of Table unamended):

Material: PVC (SDR 26); Building Sewer Pipe and Fittings Only; Referenced Standard Pipe & Fittings ASTM D3034.

 

710.1 Where the floor elevation of a basement or first story is below the elevation of the curb where the building sewer crosses under the curb or is below the elevation of the finished grade at the property line where the building sewer crosses under a property line and where the floor is also above the crown level of the main sewer, the drainage piping shall drain by gravity into the main sewer. Floor drains and shower drains connected to drainage piping in such floors shall be protected from the backflow of sewage by installing approved type backwater valves. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating “backwater valve downstream.”

 

804.1 Standpipe Receptors. Plumbing fixtures or other receptors receiving the discharge of indirect waste pipes shall be approved for the use proposed and shall be of such shape and capacity as to prevent splashing or flooding and shall be located where they are readily accessible for inspection and cleaning. No standpipe receptor for any clothes washer shall extend more than 48 inches or less than 30 inches above the finished floor. No trap for any clothes washer standpipe receptor shall be installed more than 12 inches above the finished floor. No indirect waste receptor shall be installed in any toilet room, closet, cupboard or storeroom, or in any other portion of the building not in general use by the occupants thereof; except standpipes for clothes washers may be installed in toilet and bathroom areas when the clothes washer is installed in the same room.

 

807.4 Dishwashing Machines. Dishwashing machines shall discharge separately into a trap or trapped fixture. Domestic dishwashing machines may discharge into the tailpiece of the kitchen sink or the dishwasher connection of a food waste grinder.

 

901.1.1 Floor Drain. A floor drain (where used as such) need not be vented, provided it is within 25 feet of a three-inch stack or horizontal drain which has at least a three-inch-diameter vent extension through the roof.

 

906.1 Exception Air Admittance Valves. Vents may terminate to an air admittance valve under the following conditions:

 

(1) For sinks located where there is no wall accessible from the sink location (eg. island sinks); or;

(2) In existing construction, where the existing vent system is not accessible to the fixture location without the removal of finish materials or other existing construction.

 

1102.4 Building Storm Sewers. Building storm sewers shall be in accordance with the applicable standards referenced in Table 701.1 for building sewer pipe and fittings, Table 1401.1, or the adopted KCMO Public Works Design Criteria & Construction Specifications.

 

1204 Certificate of Inspection -- Deleted. (See Article I of this chapter.)

 

1205 Authority to Render Gas Service -- Deleted. (See Article I of this chapter.)

 

Chapter 15 Firestop Protection. See Article II of this chapter.

 

Appendices: The following chapters of the appendix are hereby adopted:

 

Appendix C¾Alternate Plumbing Systems

 

Appendix D—Sizing Stormwater Drainage Systems.

 

Secs. 18-126¾18-141. Reserved.

 

ARTICLE VIII. PRIVATE SEWAGE DISPOSAL CODE

 

Sec. 18-142. Adoption of International Private Sewage Disposal Code (2012);

amendments.

 

The International Private Sewage Disposal Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Private Sewage Disposal Code. The following provisions coinciding with provisions of the International Private Sewage Disposal Code supersede, or delete, when indicated, the corresponding provisions of the International Private Sewage Disposal Code.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1, Scope and Administration, is deleted; except Sections 101.2 through 101.4, which are hereby adopted as amended below. See Article I of this chapter.

 

101.2 Scope. The installation of private sewage disposal systems for one and two family dwellings, where permitted, shall be in accordance with this article.

 

Exception: Private sewage disposal systems designed in accordance with the adopted standards of the County in which the system will be installed.

 

101.3 Permit. No permit shall be issued for the installation, alteration, or repair of any private sewage disposal system, or part thereof, on any lot for which a public sewer is available.

 

101.4 Abandoned systems. All abandoned private sewage disposal systems shall be plugged or capped in an approved manner. All Abandoned treatment tanks and seepage pits shall have the contents pumped and discarded in an approved manner. The top or entire tank shall be removed and the remaining portion of the tank or excavation shall be immediately filled with earth, sand, gravel, concrete, or other approved materials.

 

In Section 202, the following definitions have been revised:

 

Flood hazard area. See Code of Ordinances Chapter 28, Floodplain Management.

 

Secs. 18-143¾18-158. Reserved.

 

ARTICLE IX. ELEVATORS AND CONVEYING SYSTEMS

 

Sec. 18-159. Adoption of the American Society of Mechanical Engineers Safety

Code for Elevators and Escalators; amendments.

 

The American Society of Mechanical Engineers Safety Code for Elevators and Escalators, ASME A17.1-2010, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of ASME A17.1-2010. The following provisions coinciding with the provisions of ASME A17.1-2010 supersede, or delete, when indicated, the corresponding provisions of ASME A17.1-2010

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in Articles II through XIV of this chapter.

 

2.20.1 (b) Aramid fiber ropes constructed in accordance with ASME A17.6, Part 2 is deleted.

 

8.6.5.15 Periodic Test Requirements – Category 3 is deleted.

 

8.10.1.1.3 The inspector shall meet the qualification requirements of the Authority having Jurisdiction.

 

8.10.5.1 Sidewalk Elevators is deleted.

 

8.10.5.3 Hand Elevators is deleted.

 

8.10.5.8 Shipboard Elevators is deleted.

 

8.11.1.1 Persons Authorized to make Periodic Inspections and Test. The inspector shall meet the qualification requirements of the Authority having Jurisdiction.

 

8.11.1.3 Periodic Inspection and Test Frequency. The frequency of periodic inspection and tests shall be in accordance with Appendix N, Table N-1.

 

8.11.5.1 Sidewalk Elevators is deleted.

 

8.11.5.2 Private Residence Elevators is deleted.

 

8.11.5.3 Hand Elevators is deleted.

 

8.11.5.4 Dumbwaiters is deleted.

 

8.11.5.5 Material Lifts and Dumbwaiters with Automatic Transfer Devices is deleted.

 

8.11.5.7 Inclined Elevators is deleted.

 

8.11.5.8 Shipboard Elevators is deleted.

8.11.5.9 Screw-Column Elevators is deleted.

8.11.5.11 Rack-and-Pinion Elevators is deleted.

Appendices: The following appendix chapters are hereby adopted:

 


Appendix N – Inspection and Test Intervals. Table N-1 is adopted as amended herein.

Sec. 18-160. Adoption of the American Society of Mechanical Engineers Safety Standard for Platform Lifts and Stairway Chair Lifts; amendments.

 

The American Society of Mechanical Engineers Safety Standard for Platform Lifts and Stairway Chair Lifts, ASME A18.1- 2011, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of ASME A18.1- 2011. The following provisions coinciding with the provisions of ASME A18.1- 20011 – supersede, or delete, when indicated, the corresponding provisions of ASME A18.1-20011.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in Articles II through XIV of this chapter.

 

1.1.3 Application. This Standard applies to new installation only, except Periodic inspection and test in Section 10 shall apply to existing equipment.

 

10.1.1  Routine Inspection and Tests is deleted.

 

10.1.4 Qualification of Inspectors. The inspector shall meet the qualification requirements of the Authority having Jurisdiction.

10.2.1 Inspection and Test Periods is deleted.

 

10.3 Periodic Inspection and Test

 

Inspection and test periods. Applicable inspections and test specified in para. 10.3.1 shall be performed in intervals not longer than 1 year, and the applicable inspections and test specified in para. 10.3.3 shall be made at intervals not longer than 5 years. Periodic inspection shall cover only equipment in sections 2, 3 and 4. Equipment covered in sections 5, 6 and 7 shall not be required to receive Periodic Inspections and Test.

 

10.3.2 Three-Year Inspection and Test Requirements is deleted.

 

(Remainder of Section 10.3 remains unchanged.)

 

 

Sec. 18-161. Adoption of the American Society of Mechanical Engineers Standard for Elevator Suspension, Compensation, and Governor Systems

 

The American Society of Mechanical Engineers Standard for Elevator Suspension Compensation and Governor Systems A17.6-2010, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of ASME A17.6-2010. The following provisions coinciding with provisions of ASME A17.6-2010 supersede, or delete, when indicated, the corresponding provisions of ASME A17.6-2010.

 

Part 2 Aramid Fiber Ropes for Elevators is deleted.

Secs. 18-162¾18-175. Reserved.

 

Sec. 18-176. Adoption of the American Society of Mechanical Engineers Safety Code for Existing Elevators and Escalators; amendments.

 

The American Society of Mechanical Engineers Safety Code for Existing Elevators and Escalators, ASME A17.3-2011, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of ASME A17.3-2011. The following provisions coinciding with provisions of ASME A17.3-2011 supersede, or delete, when indicated, the corresponding provisions of ASME A17.3-2011.

 

1.1.2 (ii) Electric freight elevators installed before 1960, and meeting the following criteria, shall be eligible to utilize the specific amendments referencing section 1.1.2 (ii) as specified in this article:

(1)               Speed no greater than 100 feet per minute.

 

(2)               Travel distance not greater than ten levels.

 

(3)               Inspected quarterly by a registered elevator service company.

 

(4)               Operated and ridden by employees only.

 

(5)               Constant pressure operation.

 

1.3.1 (c) is deleted. (ASME A17.7 compliance option).

 

1.3.1 (e) is deleted. (ASME A17.7 compliance option).

 

2.1.3 Projections in Hoistway, Exception: Freight elevators identified in section 1.1.2 (ii) are exempt from Projections in Hoistway requirements.

 

2.6.1 Doors or Gates Required, (b) Freight Elevators, Exception: Freight elevators identified in section 1.1.2 (ii) shall be permitted to have the hoistway landing guarded to a minimum height of 66 in. (1.56m) above the landing sill.

 

3.3.5 Protection of Platforms Against Fire, Exception: Freight elevators identified in section 1.1.2 (ii) are exempted from protection of platforms against fire.

 

3.4.1 Car Enclosures, (b) Freight Elevators, Exception: Freight elevators identified in section 1.1.2 (ii) may be enclosed to a height of 66 inches, without perforations, except the portion of the enclosure in front and extending six inches on each side of the counterweights shall be without perforations and extend to the full height of the car crosshead or not less than eight feet if there is no crosshead.

3.4.1 Car Enclosures, (c) Car Tops, Exception: Freight elevators identified in section 1.1.2 (ii) are exempt from the structural design requirements for car tops.

3.5.1 Car Safeties, Exception: Freight elevators identified in section 1.1.2 (ii) employing corner suspension or having multiple guides shall be permitted to be exempt from the above requirements, provided that the elevator equipment was not originally equipped with safety devices. Existing car safety devices shall be maintained on all cars for which safeties are provided.

 

3.5.6 Rail Lubricants and Lubrication Plate is deleted.

 

3.6.2 Governor Ropes, Exception: Freight elevator identified in section 1.1.2 (ii) shall be permitted to have governor ropes of vegetable fiber, providing they meet the strength and size of the original vegetable fiber rope.

 

3.10.3 Top-of-Car Operating Devices, Exception: Freight elevators identified in section 1.1.2 (ii) are exempt from Top-of-Car Operating Device requirements.

 

3.10.10 Absorption of Regenerated Power is deleted.

 

3.11.1 Car Emergency Signaling Devices, Exception: Freight elevators identified in section 1.1.2 (ii) are exempt from Car Emergency Signaling Devices requirements.

 

3.11.1(a), Exception: Existing elevator installed prior to the adoption of this code that have maintained the following device: A weatherproof audible signaling device with a minimum sound rating of 80 dBA operated from the alarm switch and emergency stop switch inside the car and identified “ELEVATOR EMERGENCY-CALL POLICE”, in letters not less than two inches (51mm) high. The device shall be mounted on the outside of the building near the main entrance and located so that the sign can be read from the entrance sidewalk. Only one outside signal is required if operable from all cars of all elevators of the type specified in the building.

 

3.11.3 Firefighters service

 

Elevators with firefighters’ service that are part of a group shall conform to identical firefighters’ service operation requirements regardless of which edition of A17.1 they complied with at the time of installation or alteration.

 

The Phase I and Phase II switches for all elevators in a building or site shall be operable by the same key.

 

4.5.1 (b) Minimal Liquid Level Indicator is deleted.

 

4.5.2 (d) Inspector’s Gage Connection is deleted.

 

4.5.2 (f) Handholes and Manholes is deleted.

 

PART VI DUMBWAITERS is deleted.

 

PART VII HAND ELEVATORS is deleted.

 

PART VIII SIDEWALK ELEVATORS is deleted.

 

Sec. 18-177¾18-192. Reserved.

 

Sec. 18-193. Adoption of American National Standard Safety Requirements for Personnel Hoists.

 

The American National Standard Safety requirements for Personnel Hoists, ANSI A10.4-2007, published by American National Standards Institute, is adopted and incorporated in this article by reference as if fully set forth.

 

Sec. 18-194¾18-209. Reserved.

 

ARTICLE X. SIGNS

 

Sec. 18-210. Title of article.

 

This article shall be known as the sign article of the city, and may be cited as such.

 


Sec. 18-211. Appendix H, Signs, of International Building Code; amendments.

 

Provisions of this article are in addition to the provisions of Appendix H, Signs, of the International Building Code, as adopted by Article II of this chapter. The following provisions coinciding with provisions of Appendix H, Signs, of the International Building Code supersede, or delete, when indicated, the corresponding provisions of Appendix H, Signs, of the International Building Code.

 

All references within this article to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

H101.1.1 Additional provisions. In addition to this Article, signs shall comply with the requirements of Code of Ordinances, Chapter 88, Zoning & Development Code.

 

H101.2 Signs exempt from permits is deleted. See Article I of this Chapter.

 

H102 DEFINITIONS. Unless otherwise expressly stated, refer to Code of Ordinances, Chapter 88, Zoning & Development Code, for definition of sign types. Refer to Article II, Chapter 2, for general definitions.

 

H103.2 Conductor clearance. Signs shall be located not less than six feet horizontally or 12 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The term “overhead conductors,” as used in this section, means any electrical conductor, either bare or insulated, installed above the ground.

 

H103.3 Public right-of-way. No sign or sign structure shall be placed, erected or maintained on, in or above any adjoining public right-of-way, except wall signs and projecting signs, which must be as least ten feet above the adjoining public right-of-way and authorized by the Encroachment Permit provisions of Article II.

H104 IDENTIFICATION is deleted.

H107.1.2 Electric sign faces is deleted.

H107.1.3 Area limitations is deleted.

H109.1 Height restrictions. The structural frame of ground signs shall not be erected of combustible materials to a height of more than 35 feet above the ground.

H109.2 Required clearance is deleted.

H110.3 Height of solid signs is deleted.

H110.4 Height of open signs is deleted.

H110.5 Height of closed signs is deleted.H111.3 Extension is deleted.

H112.4 Height limitation is deleted.

H113.3 Dimensions is deleted.

H113.4 Height limitation is deleted.

SECTION H114 PORTABLE SIGNS is deleted.

 

Sec. 18-212. Existing signs.

 

Signs legally erected that were existing on the effective date of this article, which do not conform to the provisions of this article shall be permitted to continue during the usable life thereof, but shall not be reinstalled unless the location and installation thereof are made to comply with this article or any other applicable ordinances or regulations.

 

Sec. 18-213. Pending sign legislation.

 

During the consideration of an amendment to the Code of Ordinances that has been introduced before the city council, and until such amendment is enacted (effective) or rejected according to law, the building official shall take no action on any application for a permit that would allow the erection or alteration of a sign that would be prohibited by the proposed amendment if enacted. Notwithstanding the foregoing, the building official shall not delay the issuance of any permit for a period longer than six months from the date of permit application because of this section.

 

Secs. 18-214‑‑18-228. Reserved.

 

ARTICLE XI. UNDERGROUND SPACE

 

Sec. 18-229. General provisions.

 

The provisions of this article shall apply to Group US occupancies.

 

All references within this article to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Sec. 18-230. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Existing means that which was done prior to November 19, 1979, or for which a legal permit has been issued.

 

Public way means any parcel of land (space) unobstructed by development not less than 16 feet (4.9 m) in width and with a clear height not less than seven feet (2134 mm) appropriated to the free passage of the public.

 

Street means any roadway, not less than 16 feet (4.9 m) in width, which has been specifically set aside for public use.

 

Underground space means the cavern resulting from the extraction of subsurface-located material from underground areas in such a manner that the surface area of the property is not disturbed except in the vicinity of the entrances.

 

Yard means an open unoccupied space, other than streets and public ways, unobstructed by development to a clear height of not less than seven feet (2134 mm).

 

Sec. 18-231. Occupancy requirements.

 

(a) Generally.

 

(1) Group US occupancies shall be a subsurface structure formed out of a horizontal layer of solid limestone by the room-and-pillar method of mining when such underground space is developed into community housing, manufacturing, offices, warehousing, storage facilities and other classes of occupancy.

 

(2) Since the basic underground space is formed of solid limestone, it shall be considered type I construction as defined in the International Building Code. As such, the area of the underground space may be unlimited.

 

(3) Each individual subsurface building shall be classified and developed in accordance with the applicable requirements set forth in Chapters 3, 4, and 5 of the International Building Code as adopted by Article II of this chapter.

 

(b) Exit facilities; refuge space.

 

(1) The streets and roadways throughout the underground space shall be considered to be horizontal, continuous and unobstructed means of egress to either the exterior of the underground space through portals or to a refuge area in another building in the underground space.

 

(2) One or more refuge areas shall be provided in large underground spaces whenever the travel distance from any building exit to the exterior exit of the underground space exceeds 3,500 feet (1067 m). It shall provide ten square feet of floor area for each person it is intended to serve. This area may be used during normal operations as a lunchroom, public restrooms or security station or for maintenance, office or other uses provided it is continually available and usable as a refuge area during normal business hours.

 

(c) Light, ventilation and sanitation. All portions of group US occupancies customarily used by human beings shall be provided with artificial light, air and sanitary facilities as required in this article for the individual occupancy of the developed areas. Toilet facilities shall be located either in the developed occupancies or conveniently in the underground space.

 

(d) Shaft enclosures. Elevator shafts, vent shafts, exit stairways and other vertical openings extending to the exterior or other floors of the underground space shall be enclosed with two-hour fire resistive construction.

 

(e) Fire protection systems. Fire protection systems shall be provided as required by this article and the International Building Code.

 

(f) Special hazards.

 

(1) No hazardous materials, liquids or chemicals shall be stored in group US occupancies except as permitted in tables no. 307.1(1), 307.1(2), of the International Building Code.

 

(2) Every room containing a boiler, furnace or central heating plant shall be separated from the rest of the underground space by at least two-hour fire resistive construction, and shall have a minimum of two fire-rated means of access, one for personnel use not less than two feet (610 mm) in width and one large enough to permit removal of the largest unit, and no other openings shall be permitted from this room to the underground space other than pipes, ducts or conduits, properly sealed. All combustion air, chimney or flue vents, relief vents and fuel piping shall enter this boiler-furnace room directly to and from the exterior. All other installation, operating and maintenance provisions shall be as required by this code.

 

(g) Emergency and exit signs.

 

(1) All streets and roadways within the underground space shall be identified for emergency purposes by readily visible signs. Lettering shall be not less than four inches (102 mm) high and not less than one-half inch (12.7 mm) wide and shall be of luminescent finish. The signs shall not be higher than four feet (1219 mm) above the road surface.

 

(2) Each pillar on each side of a street or roadway shall be identified by name, letter or number, and below each street sign shall be a large directional arrow with the word “EXIT” in letters not less than six inches (152.4 mm) high and not less than three-fourths inch (19 mm) wide. All signs and letters shall be of reflective or luminescent paint. The exit arrow shall point in the direction of the nearest exit or horizontal exit.

 

(3) All street identification and exit routing shall be shown on maps of the underground space, in color, shall be distributed to all personnel using the facility, shall be posted in all offices, shall be posted at the entrances and exits, and shall be given to the police and fire departments having jurisdiction in the facility. The maps shall be brought up to date annually as required to be current.

 

(h) Central control station; alarm devices.

 

(1) Every group US occupancy shall contain a central control station near an entrance portal of the underground space. Such station may serve as a guardroom, security office or manager's office. The station shall contain an annunciator panel which has a separate electrically operated visual signaling device for each remote alarm initiating (automatic) device, such as fire detectors, smoke detectors and water flow switches, and for each manual alarm initiating device, such as a manual pull station or manually operated switch.

 

(2) At or near the annunciator panel shall be a large map indicating in reasonable detail the entire underground space, identifying by letter, name and number each pillar, each building and each tenant space. The location of each manual or automatic detection device shall be identified by a pilot light with a coded letter or number to match the visual signal on the annunciator panel and wired in parallel so that the person in charge or firefighters can immediately locate an emergency.

 

(3) Any one of the remote manual or automatic alarm indicating devices shall set off a general alarm through audible signals such as bells, horns, sirens or a voice system capable of being operated from the central control station on a general as well as a selective basis dependent upon the compartmentation involved. The alarm should be designed to be heard by all occupants within the building or designated portions thereof as specified for the voice communication system, as well as transmitting an alarm automatically to the local fire department.

 

Sec. 18-232. Fire resistance of walls.

 

Exterior walls for an underground space shall have fire resistance and opening protection as set forth in table A of section 18-255. Other provisions of the International Building Code shall apply when not in conflict with this article.

 


Sec. 18-233. Allowable floor area generally.

 

The area of a building subject to this article shall not exceed the limits set forth in table C of section 18-255, except as provided in section 18-234.

 

Sec. 18-234. Allowable floor area increases.

 

(a) Generally. The floor areas specified in section 18-233 may be increased by one of the following when the developed area is provided with an approved automatic fire extinguishing system throughout:

 

(1) Separation on two sides. Where public space, streets or yards more than 20 feet (6.1 m) in width extend along and adjoin two sides of the building, floor areas may be increased at a rate of 1.25 percent for each foot (305 mm) by which the minimum width exceeds 20 feet (6.1 m), but the increase shall not exceed 50 percent.

 

(2) Separation on three sides. Where public space, streets or yards more than 20 feet (6.1 m) in width extend along and adjoin three sides of the building, floor areas may be increased at 2.5 percent for each foot (305 mm) by which the minimum width exceeds 20 feet (6.1 m); but the increase shall not exceed 100 percent.

 

(3) Separation on all sides. Where public space, streets or yards more than 20 feet (6.1 m) in width extend on all sides of a building and adjoin the entire perimeter, floor areas may be increased at a rate of five percent for each foot (305 mm) by which the minimum width exceeds 20 feet (6.1 m). Such increases shall not exceed 100 percent.

 

(b) Area limited. No buildings of any occupancy shall be permitted to have unlimited area.

 

(c) Automatic fire extinguishing systems. The area specified in section 18-233 may be tripled if the building is provided with an approved automatic fire extinguishing system throughout. The area increase permitted in this subsection may be compounded with that specified in subsection (1), (2) or (3) of subsection (a) of this section. The increases permitted in this subsection shall not apply when automatic fire extinguishing systems are installed under the substitution for one-hour fire resistive construction pursuant to Table 601, Footnote a of the International Building Code.

 

Sec. 18-235. Substitution of fire extinguishing system for fire resistive construction.

 

For provisions for substitution of fire extinguishing systems for fire-resistive construction for buildings in underground spaces. See Table 601, Footnote d, of the International Building Code.

 

Sec. 18-236. Construction standards; inspection.

 

(a) The structural adequacy of an underground space shall be certified by a professional engineer registered by the state to practice as such prior to making application for a building permit.

 

(b) Each building within an underground space shall be constructed in accordance with the applicable requirements set forth in this chapter,

 

(c) All buildings for which certificates of occupancies have been issued shall be subject to annual inspections as set forth in section 18-21(g)(2).

 

Sec. 18-237. Exits generally.

 

(a) Purpose. Sections 18-237 through 18-241 shall be used to determine occupant loads and to provide minimum standards of egress facilities for occupants of buildings in underground spaces.

 

(b) Exit requirements. Every building or portion thereof shall be provided with exits as required by this article and applicable requirements in the International Building Code.

 

(c) Definitions. For definitions, see chapter 2 of the International Building Code.

 

(d) Determination of occupant load. Occupant loads for buildings shall be determined as set forth in Section 1004 of the International Building Code.

 

(e) Width of exits. The total width of exits in feet (mm) shall not be less than the total occupant load divided by 50. Such width shall be divided approximately equally among the separate exits provided.

 

(f) Distance to exits. The maximum distance of travel from any point in a building to an exterior exit door, horizontal exit, exit passageway, refuge area or enclosed stairway shall not exceed:

 

(1) Two hundred feet (61 m) in a building without an automatic fire extinguishing system.

 

(2) Four hundred feet (122 m) in a building with an automatic fire extinguishing system.

 

Sec. 18-238. Doors.

 

For requirements for doors in buildings in underground spaces, see section 1008.1 of the International Building Code.

 

Sec. 18-239. Corridors.

 

For requirements for corridors in buildings in underground spaces, see section 1018 of the International Building Code.

 

Sec. 18-240. Stairways.

 

For requirements for stairways in buildings in underground spaces, see section 1009 of the International Building Code.

 

Sec. 18-241. Other exit requirements.

 

For other exit requirements for buildings in underground spaces, including exit signs and illumination, see chapter 10 of the International Building Code.

 

Sec. 18-242. Refuge area.

 

(a) Generally. A required refuge area for buildings in underground spaces shall have enclosing walls of four-hour fire resistive construction. The entrance and exit shall be through a vestibule. Doors to both the vestibule and to the refuge areas shall have a 1 1/2-hour fire resistive rating and be provided with closing devices. No other openings shall be permitted in the walls of the refuge area.

 

(b) Vestibule size. The vestibule shall have minimum dimensions of 44 inches (1118 mm) in width and 72 inches (1829 mm) in direction of travel.

 

(c) Vestibule ventilation. The vestibule shall be provided with an exhaust fan for the purpose of removing any smoke which might be admitted during entry from the street. Such exhaust shall empty into the street in order to make the refuge area as smoke proof as possible.

 

(d) Utilities. Emergency lighting, ventilation and communication systems shall be provided for the refuge area, to be available in case of emergency.

 

Sec. 18-243. Fire protection systems generally.

 

Fire protection systems shall be provided for buildings in underground spaces as set forth in chapter 9 of the International Building Code, except when modified in this article.

 

Sec. 18-244. Wet standpipes.

 

Approved wet standpipes shall be provided for buildings in underground spaces:

 

(1) When required by the International Building Code.

 

(2) In all buildings not protected by an automatic fire extinguishing system throughout the building.

 

Sec. 18-245. Fire hydrants.

 

(a) Required; location. Fire hydrants shall be located in buildings in underground spaces along streets and roads at not more than 500-foot (152 m) intervals, except where an automatic fire extinguishing system is provided throughout.

 

(b) Water supply. Approved fire hydrants shall have not less than a six-inch (152 mm) connection with the water main. A valve shall be installed in the connection to the main.

 

(c) Inlets. Each hydrant shall have a six-inch (152 mm) inlet.

 

(d) Outlets. Each new or replacement hydrant shall have one four-inch hose outlet.

 

(e) Pumper connection. Each hydrant shall have one four-inch pumper connection.

 

(f) Physical protection. Each hydrant shall be protected from physical damage when subject to damage from vehicles.

 

(g)               Thrust protection. Thrust protection shall be provided at all pipe turns by installing steel anchors or thrust blocks, or by other approved methods.

 

Sec. 18-246. Heating and cooling systems.

 

When heating and cooling systems are provided in any portions of group US occupancies, such systems shall be installed in accordance with the International Mechanical Code.

 

Sec. 18-247. Ventilation.

 

The quality of air in group US occupancies shall be certified annually by a professional engineer registered by the state to practice as such. Acceptable quality of air shall mean a concentration of less than 50 ppm of CO (carbon monoxide) in all underground occupancies.

 

Sec. 18-248. Plumbing systems generally.

 

Plumbing systems installed in group US occupancies, including developed areas therein, shall comply with the applicable requirements of articles II and VII of this chapter, except as modified by this article.

 

Sec. 18-249. Vent termination.

 

Each vent pipe or stack serving a plumbing system in a building in an underground structure shall terminate vertically through the roof or horizontally through the wall of such building to a street or yard. When terminated through a wall, the vent terminal shall be as high above the floor as possible and shall be at least 25 feet (7.6 m) from any door, window or ventilation intake opening in the building wall. The open end of such vent terminal shall be covered with a protective screen.

 

Sec. 18-250. Sewer line trap.

 

(a) Whenever a building sewer serving an underground structure conveys sanitary sewage to a public sewer, a trap shall be installed on the main sewer line outside the underground structure. The purpose of the trap is to prevent odors, gases and pests from entering the subsurface structure plumbing system from the public sewer and the trap is not to be used as a ventilating duct for the public sewer.

 

(b) A fresh-air inlet shall be connected on the upstream side of this trap so as not to interfere with the cleanouts therein. The upper end of the fresh-air inlet shall terminate in a protected area at least 20 feet (6.1 m) from a portal or other opening into the underground structure. The upper end of the inlet shall be turned down and shall be provided with a substantial protected screened cover. The air inlet must be sized properly and must remain open in order to maintain fixture trap seals in the plumbing system.

 

Sec. 18-251. Private sewage disposal systems.

 

When a subsurface structure is located in an area where a public sewer is not available, a private system shall be installed either inside or outside the structure. Such system shall be designed in accordance with the provisions of the International Private Sewage Disposal Code.

 

Sec. 18-252. Electrical system.

 

Electrical systems installed in group US occupancies, including developed areas therein, shall comply with the applicable requirements of the International Building Code and the National Electrical Code, except as modified by this article.

 

Sec. 18-253. Elevator systems generally.

 

Elevator systems installed in group US occupancies, including developed areas therein, shall comply with the applicable requirements of the International Building Code and the elevators, escalators, walks, lifts and hoists code adopted by article IX of this chapter, except as modified by this article.

 


Sec. 18-254. Emergency access for elevators.

 

When it is not feasible to provide emergency doors at required intervals vertically for single elevators in subsurface structures, an alternate method of egress such as a ladder or stair shall be provided and separated from the car by a smoke barrier partition.

 

Sec. 18-255. Tables.

 

The following standards shall be applicable as provided in this division:

 

TABLE A. WALL AND OPENING PROTECTION OF OCCUPANCIES BASED

ON LOCATION ON PROPERTY

 

 

 

 

Group

 

 

 

Division

Automatic

Fire

Protection

Required

 

 

Fire Resistance of

Exterior Walls

 

 

Openings in

Exterior Walls

 

1

2

Yes

2 hours less than 10'

1 hour elsewhere

Not permitted less than 5'

Protected 5' to 10'

A

 

3

 

Yes

2 hours less than 5'

1 hour 5' to 10'

Not permitted less than 5'

Protected 5' to 10'

 

 

 

Group

 

 

 

Division

Automatic

Fire

Protection

Required

 

 

Fire Resistance of

Exterior Walls

 

 

Openings in

Exterior Walls

A

3

No

2 hours less than 20’

1 hour elsewhere

Not permitted less than 5’

Protected 5’ to 20’

 

 

Yes

1 hour less than 10'

Protected less than 20'

 

4,5

No

2 hours less than 20'

1 hour elsewhere

Protected less than 20'

E

 

 

Yes

2 hours less than 5'

1 hour 5' to 10'

Not permitted less than 5'

Protected 5' to 10'

 

 

No

2 hours less than 20'

1 hour elsewhere

Not permitted less than 5'

Protected less than 20'

I

4

No

2 hours less than 20'

1 hour elsewhere

Not permitted less than 3'

Protected 3' to 20'

 

 

2

Yes

2 hours less than 5'

1 hour elsewhere

Not permitted less than 5'

Protected 5' to 20'

 

 

No

2 hours less than 5'

1 hour elsewhere

Not permitted less than 5'

Protected 5' to 20'

 

1

Yes

1 hour

Not permitted less than 3'

Protected 3' to 10'

 

 

Yes

Not permitted

Not permitted

 

3

No

Not permitted

Not permitted

H

1-5

‑‑

Not permitted

Not permitted

F, S

1,2

Yes

1 hour less than 20'

Not permitted less than 5'

Protected 5' to 10'

M, B

 

No

2 hours less than 20'

1 hour elsewhere

Not permitted less than 5'

Protected 5' to 20'

R

1,2

Yes

1 hour less than 5'

Not permitted less than 3'

Protected 3' to 5'

 

 

No

2 hours less than 20'

1 hour elsewhere

Not permitted less than 3'

Protected 3' to 20'

R

3,4

Yes

1 hour less than 3'

Not permitted less than 3'

 

 

No

2 hours less than 20'

1 hour elsewhere

Not permitted less than 3'

Protected 3' to 20'

U

 

Yes

1 hour less than 3'

Not permitted less than 3'

 

 

No

2 hours less than 20'

1 hour elsewhere

Not permitted less than 3'

Protected 3' to 20'

 

TABLE C. ALLOWABLE FLOOR AREAS

 

 

Type of Construction

Occupancy

I

II

 

 

A

B

A

B

 

 

 

 

 

 

A-1, 2, 3

100,000 sf (9,290 m2)

40,000 sf (3,716 m2)

10,000 sf (929 m2)

3,000 sf (279 m2)

A-4, 5

150,000 sf (13,935 m2)

50,000 sf (4,645 m2)

15,000 sf (1,394 m2)

5,000 sf (465 m2)

E, I-4

200,000 sf (18,580 m2)

75,000 sf (6,968 m2)

20,000 sf (1,858 m2)

7,500 sf (697 m2)

I-1, 2

80,000 sf (7,432 m2)

30,000 sf (2,787 m2)

8,000 sf (743 m2)

Not permitted

I-3

40,000 sf (3,716 m2)

15,000 sf (1,394 m2)

4,000 sf (372 m2)

Not permitted

H-1, 2, 3, 4, 5

Not permitted

Not permitted

Not permitted

Not permitted

F-1, 2, S-1, B

150,000 sf (13,935 m2)

50,000 sf (4,645 m2)

15,000 sf (1,394 m2)

5,000 sf (465 m2)

S-2

300,000 sf (27,870 m2)

100,000 sf (9,290 m2)

25,000 sf (2,323 m2)

10,000 sf (929 m2)

R-1, 2

150,000 sf (13,935 m2)

50,000 sf (4,645 m2)

15,000 sf (1,394 m2)

5,000 sf (465 m2)

R-3, 4

10,000 sf (929 m2)

5,000 sf (465 m2)

3,000 sf 279 m2)

2,000 sf (186 m2)

U

3,000 sf (279 m2)

3,000 sf (279 m2)

1,000 sf (93 m2)

1,000 sf (93 m2)

 

 

Type of Construction

Occupancy

III

IV

V

 

A

B

H.T.

A

B

 

 

 

 

 

 

A-1, 2, 3

20,000 sf (1,858 m2)

6,000 sf (557 m2)

20,000 sf (1,858 m2)

4,000 sf (372 m2)

Not permitted

A-4, 5

30,000 sf (2,787 m2)

10,000 sf (929 m2)

30,000 sf (2,787 m2)

5,000 sf (465 m2)

1,500 sf (139 m2)

E, I-4

40,000 sf (3,716 m2)

15,000 sf (1,394 m2)

40,000 sf (3,716 m2)

7,500 sf (697 m2)

2,000 sf (186 m2)

 

I)1-2

15,000 sf (1,394 m2)

5,000 sf (465 m2)

15,000 sf (1,394 m2)

4,000 sf (372 m2)

Not permitted

I)3

8,000 sf (743 m2)

3,000 sf (279 m2)

8,000 sf (743 m2)

2,000 sf (186 m2)

Not permitted

H-1, 2, 3, 4, 5

Not permitted

Not permitted

Not permitted

Not permitted

Not permitted

F-1, 2, S-1, 3B

30,000 sf (2,787 m2)

10,000 sf (929 m2)

30,000 sf (2,787 m2)

5,000 sf (465 m2)

1,500 sf (139 m2)

 

S-2

50,000 sf (4,645 m2)

20,000 sf (1,858 m2)

50,000 sf (4,645 m2)

10,000 sf (929 m2)

2,000 sf (186 m2)

 

R-1, 2

30,000 sf (2,787 m2)

10,000 sf (929 m2)

30,000 sf (2,787 m2)

5,000 sf (465 m2)

1,000 sf (93 m2)

R-3, 4

3,000 sf (279 m2)

2,000 sf (186 m2)

 

3,000 sf (279 m2)

2,000 sf (186 m2)

1,000 sf (93 m2)

U

1,000 sf (93 m2)

1,000 sf (93 m2)

1,000 sf (93 m2)

1,000 sf (93 m2)

1,000 sf (93 m2)

 

Secs. 18-256¾18-271. Reserved.

 

ARTICLE XII. CONTRACTORS

DIVISION 1. GENERALLY

 

Secs. 18-272¾18-287. Reserved.

 

DIVISION 2. REGISTRATION

 

Sec. 18-288—18-323. Reserved.

DIVISION 3. LICENSING

 

Sec. 18-324. Title and scope of division; definition.

 

(a) This division shall be known as the licensing division, and may be cited as such.

 

(b) Where the term “director of city planning and development” is used in this division, this shall mean the director of city planning and development or his authorized representative.

 

(c)                For the purposes of this article and other sections of this code pertinent to licensing, the term “employee” shall not apply to consultants, contract labor, or subcontractors employed by the licensed contractor. Such individuals or entities shall be considered contractors in their own right and, as such, shall be required to obtain their own licenses as required by this chapter.

(d)               For the purposes of this article and other sections of this code pertinent to licensing, the term “direct employee” shall mean an employee (as defined in this section) of a licensed contractor working in a regulated construction trade who has not achieved a supervisor certificate of qualification. For plumbing work, the term “direct employee” shall mean an employee working in the trade of plumbing who has not achieved a journeyman plumber certificate of qualification.

 

Sec. 18-325. Duties of director of city planning and development.

 

(a) There is hereby vested in the director of city planning and development the duty of examining the qualifications of applicants for licenses and certificates established and required by the various articles of this chapter, including the issuance, reissuance, renewal, suspension, or revocation of such licenses and certificates. The examination of applicants for certificates shall be in writing and shall be prepared and administered by a third-party testing agency approved by the director of city planning and development. Oral examinations are prohibited.

 

(b) Among the duties of the director of city planning and development shall be the establishment of procedures consistent with this code for recommending the issuance of licenses. The director shall also select the agency or agencies, subject to approval by the city council when otherwise required, to prepare and administer the examinations of applicants for certificates of qualification.

 

(c) The director of city planning and development shall establish continuing education requirements for the residential building supervisor certificate of qualification. Continuing education requirements shall recognize education programs proved by governmental agencies, trade associations, model code organizations, contractor education providers and others for courses and instruction directly related to the model codes and standards adopted by this chapter subject to the review and approval of the director of city planning and development.

 

Sec. 18-326. License required; exceptions.

 

(a) A license is authority granted to the person, firm, partnership, company, corporation, association, agency, or other entity to whom it is issued to engage in the business of contracting to perform certain work. A license is not transferable.

 

(b) Licenses shall be required for all types of work classified and described in this division.

 

(c) Exceptions to the license requirement are found in section 18-14 of this chapter.

 

Sec. 18-327. License classes; prerequisites for licensing.

 

(a) Classes; authorized work. There shall be various classes of licenses under this division, and the holder of each license shall be authorized to do the following:

 

(1) Demolition contractor class I. Demolition of any building, structure, or portion thereof, without limitation of height or size. All such work shall be performed by a licensed demolition contractor class I and shall be performed by or under the supervision of the holder of a demolition supervisor class I certificate of qualification.

 

(2) Demolition contractor class II. Demolition of any building not more than three stories in height, excluding the basement. All such work shall be performed by a licensed demolition contractor class II and shall be performed by or under the supervision of the holder of a demolition supervisor class I or demolition supervisor class II certificate of qualification.

 

(3) Electrical contractor class I. Installation, alteration, repair, or removal of any electrical equipment regulated by this chapter. All such work shall be performed by a licensed electrical contractor class I and shall be performed by or under the supervision of the holder of a master electrician certificate of qualification.

 

(4) Electrical contractor class II.

 

a. Maintenance or repair of an existing facility on property owned by the licensee or his employer;

 

b. Assembly, installation, wiring, and connection of electric lighting fixtures and extending existing circuits not more than ten feet;

 

c. Connection of new or replacement gas-fired heating equipment to existing electrical circuits, extension of existing circuits not more than ten feet, and installation of control circuits; or

 

d. Assembly, installation, wiring, and connection of electric signs when such connection is limited to extension of existing circuits not more than ten feet.

 

All such work shall be performed by a licensed electrical contractor class II and shall be performed by or under the supervision of the holder of a master (limited) electrician or master electrician certificate of qualification.

 

(5) Electrical contractor class III. Installation, alteration, repair, or removal of communication; fire alarm; burglar alarm; remote control; and other low-energy power, low-voltage power, signal, sound recording, and similar equipment regulated by this chapter. All such work shall be performed by a licensed electrical contractor class III and shall be performed by or under the supervision of the holder of an electrical supervisor or master electrician certificate of qualification.

 

(6) Elevator contractor class I. Installation, alteration, modernization, maintenance, service, testing, or repair of any electric or electrohydraulic passenger or freight elevators, escalators, or moving walks. All such work shall be performed by a licensed elevator contractor class I and shall be performed by or under the supervision of the holder of an elevator supervisor class I certificate of qualification.

 

(7) Elevator contractor class II. Installation, alteration, modernization, maintenance, service, testing, or repair of any hand-powered freight elevator, electric or hand-powered dumbwaiter, manlift, private residence elevator, chairlift, workmen's hoist, material hoist, conveyor, and related equipment. An elevator contractor class II license is also required for any person, firm, or corporation engaged only in the maintenance, service, or minor alteration of equipment covered by an elevator contractor class I license when such equipment is owned or operated by the person, firm, or corporation. All such work shall be performed by a licensed elevator contractor class II and shall be performed by or under the supervision of the holder of an elevator supervisor class I or elevator supervisor class II certificate of qualification.

 

(8) Fire protection contractor class I. The installation, alteration, modernization, maintenance, servicing, repair, testing, and inspection of automatic sprinkler systems and standpipe systems for any and all types of occupancies, inclusive of all related underground fire lines and fire services and inclusive of, but not limited to, all appurtenances such as fire pumps; water storage tanks; fire control systems; automatic and manual water-spray and deluge systems; special extinguishing systems using carbon dioxide, foam, dry chemicals, or inert gas; and other such systems used for the control or extinguishment of fire. Backflow prevention devices are permitted to be installed, but they must be tested in accordance with city and state regulations. All such work shall be performed by a licensed fire protection contractor class I and shall be performed by or under the supervision of the holder of a fire protection supervisor class I certificate of qualification. A fire protection contractor class I shall place with the director of finance a cash deposit in the amount of $500.00. Should the contractor in any event fail to pay bills rendered by the city for any obligation, permit, service, or material, the amount of such bills shall be deducted from the deposit. Failure of the contractor to pay such bills or his failure to maintain the deposit in the full amount of $500.00 shall be cause for denial of the issuance of further permits.

 

(9) Fire protection contractor class II. Installation, maintenance, testing, or repair of only dry, wet, or combination standpipe systems as defined in chapter 9 of the International Building Code or article II of this chapter; and installation of fire hydrant lines. All such work shall be performed by a licensed fire protection contractor class II and shall be performed by or under the supervision of the holder of a fire protection supervisor class I or fire protection supervisor class II certificate of qualification. A fire protection contractor class II shall place with the director of finance a cash deposit in the amount of $500.00. Should the contractor in any event fail to pay bills rendered by the city for any obligation, permit, service, or material, the amount of such bills shall be deducted from the deposit. Failure of the contractor to pay such bills or his failure to maintain the deposit in the full amount of $500.00 shall be cause for denial of the issuance of further permits.

 

(10) Fire protection contractor class III. Installation, maintenance, testing, or repair of only special systems using carbon dioxide, foam, dry chemicals, or inert gas for the control or extinguishment of fire. All such work shall be performed by a licensed fire protection contractor class III and shall be performed by or under the supervision of the holder of a fire protection supervisor class I or fire protection supervisor class III certificate of qualification.

 

(11) Gas-fired appliance contractor. Installation, erection, alteration, repair, servicing, or resetting of gas-fired appliances other than warm air heating units, but including water heaters of not more than 100 gallons' storage capacity; and installation of low-voltage wiring not exceeding 48 volts when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed gas-fired appliance contractor and shall be performed by or under the supervision of the holder of a gas-fired appliance supervisor or master plumber certificate of qualification.

(12) Heating and ventilating contractor. Installation, alteration, servicing, replacement, repair, or maintenance of heating, duct, and ventilation systems; connection of a humidifier which is part of a heating system to an existing potable water supply system within a building; connection of gas piping from the nearest cutoff valve to the burner of a warm air heating system; connection of control wiring to an existing control box; and installation, alteration, servicing, replacement, removal, or repair of air conditioning units of not more than 7 1/2 ton capacity which are part of an air circulation unit. All such work shall be performed by a licensed heating and ventilating contractor and shall be performed by or under the supervision of the holder of a heating and ventilating supervisor certificate of qualification.Additionally, the installation of a replacement residential water heater that is connected to existing piping systems and is under the administration of the Department of Neighborhood and Community Services Property Preservation Division may be performed by a licensed heating and ventilating contractor.

 

(13) Pipe fitting contractor. Installation, maintenance, repair, and servicing of refrigeration equipment; installation and servicing of low-pressure hot water and steam heating systems; installation of any system containing or connected to a boiler designed to operate under a steam pressure greater than 15 pounds per square inch; installation of any system containing or connected to an unfired pressure vessel designed to operate under a pressure greater than 15 pounds per square inch; installation of industrial or chemical piping designed to operate under a pressure greater than 15 pounds per square inch; installation of pipe insulation; and installation of low-voltage wiring which does not exceed 48 volts when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed pipe fitting contractor and shall be performed by or under the supervision of the holder of a master pipe fitter certificate of qualification.

 

(14) Plumbing contractor. Installation, maintenance, repair, servicing, and testing of all sanitary plumbing and potable water supply piping, and appliances connected thereto, including gas piping, and the complete installation of water heaters; the installation of piping for transmission of chemicals and gases where regulated by this code; the installation of gas ranges, domestic gas incinerators, gas dryers, and other gas-fired appliances; the installation of steam heating plants carrying pressures not exceeding 15 pounds per square inch gauge steam pressure; the installation of hot water heating plants carrying pressures not exceeding 30 pounds per square inch gauge hot water pressure; and installation of low-voltage wiring not exceeding 48 volts for gas-fired appliances and water heaters when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed plumbing contractor and shall be performed by the holder of a journeyman plumber or master plumber certificate of qualification, or other direct plumbing employee with on-site supervision by a certified journeyman or master plumber. All plumbing work shall be performed under the supervision of the holder of a master plumber certificate of qualification. As a condition for obtaining and maintaining a plumbing contractor license and before any permit for work requiring excavation on any street, alley, public place, or easement shall be issued, the applicant for such license or permit shall have placed with the director of finance a cash deposit of not less than $500.00. This money shall be maintained and held as a special deposit to protect the city on account of any expense it may incur in repairing, refilling, paving, or resurfacing any cut or excavation, or for repairing any damages to any city-owned utility as a result of work done under such permit. Should the contractor fail to pay bills rendered by the city for any obligation, permit, service, or material, the amount of such bills shall be deducted from the deposit. Failure of the contractor to pay such bills or failure to maintain the deposit in full shall be cause for denial of issuance of further permits. Certain excavation permits shall require the contractor to post additional restoration deposit fees of up to $50,000.00 with the director of finance in accordance with chapter 64.

 

(15) Refrigeration contractor. Installation, maintenance, repair, servicing, or alteration of a system of mechanical refrigeration or a system where refrigerant piping must be installed or where a refrigerant-containing part must be cut into for connection or assembly; installation of pipe insulation; and installation of low-voltage wiring which does not exceed 48 volts when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed refrigeration contractor and shall be performed by or under the supervision of the holder of a refrigeration supervisor or master pipe fitter certificate of qualification.

 

(16) Residential building contractor. Constructing, structurally altering or enlarging any one- or two-family detached dwelling or townhouse including detached accessory buildings in excess of 400 square feet in area thereto as regulated by article III of this chapter. All such work shall be performed by a licensed residential building contractor and shall be performed by or under the supervision of that licensed residential building contractor’s qualified supervisor or by building trades subcontractor(s), not otherwise required to be licensed under this article, to the licensed residential building contractor holding a valid building permit and under the direction of that licensed residential contractor’s qualified supervisor.

 

(17) Sign contractor. Installation, maintenance, or repair of off-premise advertising (billboards or other outdoor advertising making use of rental panels or paint boards) and/or on-premise advertising (outdoor advertising making use of media other than rental panels or paint boards). All such work shall be performed by a licensed sign contractor and shall be performed by or under the supervision of the holder of a sign supervisor certificate of qualification. If electrical wiring is involved, an electrical contractor class I or class II license is also required.

 

(b) Indemnity insurance.

 

(1) Required. The following classifications shall, as a condition precedent to issuance, maintenance, or renewal of a license, furnish to the department of city planning and development a certificate of insurance issued by a company approved by the director of finance: demolition contractor class I, demolition contractor class II, fire protection contractor class I, fire protection contractor class II, plumbing contractor, residential building contractor and sign contractor.

 

(2) Policy requirements. The contractor shall provide a certificate of insurance indicating insurance meeting the following requirements:

 

a. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

b. The city shall be added as an additional insured to such policy by separate endorsement; except that no such endorsement shall be required for a residential building contractor unless such contractor will be performing work in the public right-of-way.

 

c. The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of such policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

 

d. The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

e. Before the license is issued, and annually thereafter, the contractor shall deposit with the city a certificate of insurance evidencing that the coverage required by this subsection is in force and that the endorsements required by subsections (b)(2)b and c of this section have been issued.

 

(3) Failure to maintain the required insurance shall be grounds for automatic suspension of a license and for denial of further permits and inspections.

 


Sec. 18-328. Application for license.

 

(a) Generally. Every applicant for a contractor license shall fill out a form provided by the director of city planning and development. The name and signature of a designated certified supervisor shall appear on the license application.

 

(b) Application fee. A license application fee as provided in section 18-20 of this code shall be paid at the time of filing, except that the city and its departments shall be exempt. Such fee shall not be refundable and shall not apply on the license fee.

 

(c) License fee. A license fee as provided in section 18-20 of this code shall be paid at the time the application is filed, except that the city and its departments shall be exempt. The license fee shall be refunded in the event that the license application is rejected.

 

(d) Approval or denial. After review of each application, appropriate action shall be taken and the applicant shall be notified accordingly. If the application for license is disapproved, the applicant may appeal such adverse decision to the building and fire codes board of appeals within 30 days of the decision, in the manner provided in article I of this chapter. If the decision is overturned by the building and fire codes board of appeals, the contractor shall have ten days from the date of that decision to repay its license fee, or such application shall become null and void. Thereafter, a new application and license fee shall be due. In any event, no refund of the application fee shall be given.

 

Sec. 18-329. License fees.

 

Quadrennial license fees for contractor licenses shall be paid as provided in section 18-20 of this code.

 

Sec. 18-330. Renewal of license.

 

Contractor licenses shall be valid for four years, and must be renewed quadrennially at the fee established in section 18-20 of this code. It shall be a violation of this chapter to perform any regulated work after expiration of a license. If a license is renewed more than four years after its issuance, the quadrennial fee, plus an amount prorated by month, or part of a month, representing the period during which the license was dormant, shall be paid.

 

(Sec. 18-331. Reissuance of license.

 

The director of city planning and development shall have the authority to reissue a contractor license provided that such reissuance is requested within two years following expiration and there is no change in the supervisor, name, owner, organization, or principals of the firm. Otherwise, the license shall be null and void; and a new application shall be filed; and new application and license fees shall be paid.

 

Sec. 18-332. Responsibilities of licensees.

 

(a) Generally. All licensees under this division shall be responsible for work requiring a permit under the provisions of this chapter, and, without limitation, for the following items:

 

(1) To provide minimum safety measures and equipment to protect the public as prescribed by this chapter.

 

(2) To observe any other city ordinances prescribing measures for the safety of the public.

 

(3) To observe and comply with any other city ordinances or regulations.

 

(4) To present his license card when requested by the director of city planning and development.

 

(5) To employ a qualified supervisor certified in accordance with the requirements of this chapter and to provide the name of such supervisor on the employer's license card.

 

(6) To obtain a building permit when a permit is required.

 

(7) To faithfully construct without departure from or disregard of drawings and specifications, when such drawings and specifications have been filed with and reviewed for code compliance by the director of city planning and development and a permit has been issued for such construction.

 

(8) To obtain inspections required by this chapter.

 

(9) To pay any fee assessed under the authority of this chapter.

 

(10) To obey any order issued under the authority of this chapter.

 

(11) To maintain satisfactory levels of competence, integrity, workmanship, and recognized practice.

 

(12) To notify the director of city planning and development in writing within ten days should the qualified supervisor leave the employ of the contractor.

 

(13) To always maintain one or more up-to-date business license(s) in the appropriate classification(s), company name, and ownership, per the requirements of the finance department.

 

(14) To maintain an active fictitious name registration with the State of Missouri, Office of the Secretary of State, under the business name in which the licensee is conducting business when conducting business under a name other than the licensee’s given name.

 

(15) To procure a new license from the director of city planning and development within ten days of making any change in company name, ownership, business designation, organization, or managing personnel.

 

(b) Indemnification. The applicant, in accepting the license, hereby agrees that, when the applicant or his subcontractors or agents make an excavation in a street, sidewalk, alley, curb, or public place in the city, with or without a permit:

 

(1) The applicant does indemnify, save harmless, and defend the city on any claim of loss, damage, or expense sustained on account of damages to persons or property occurring by reason of an excavation made by the applicant or his subcontractor or agent.

 

(2) The applicant does indemnify, save harmless, and defend the city from any and all liability for the city's own negligence occurring by reason of the opening or excavation. This indemnification agreement covering the city's liability for its own negligence shall not apply to injuries or damages sustained while city employees are present at the excavation pouring concrete or asphalt therein.

 

(3) The applicant assumes the sole responsibility for maintaining proper barricades and lights as required by sections 3303 and 3306 from the time of the opening of the excavation until the excavation is surfaced and opened for travel.

 

(4) For any and all other liability incurred subsequent to the completion of the operation and the excavation having been opened for travel, the applicant indemnifies the city for work performed by the applicant in the city, except liability arising out of the sole negligence of the city.

 

(5) These indemnification agreements shall not cover accidents occurring after a period of three years from the date of the city’s acceptance of the resurfacing.

 

(6) The applicant shall restore or reimburse the city for restoring with the same material and in the same condition as before a street cut was made, all streets, sidewalks, alleys, curbs, or public property which have been disturbed or removed by him or his agents or his employees.

 

(7) The applicant shall comply with all applicable rules of city departments and all applicable ordinances of the city.

 

Sec. 18-333. Change in business name, owner, organization, business designation, or personnel of licensee; submitting false information.

 

(a) A change in name, owner, business designation, organization, or managing personnel of a licensee under this division shall have the legal effect of terminating the license and of operating without a license. All such changes therefore, shall be reported by the licensee to the director of city planning and development within ten days after making such change.

 

(b) Incorporation or change in incorporation creating a new legal entity requires a new license, even though one or more stockholders or directors have a license.

 

(c) The organization of a partnership or a change in a partnership creating a new legal entity requires a new license, even though one or more of the partners are licensed.

 

(d) The dissolution of a corporation or partnership which has been licensed terminates the license; and no individual or firm may operate under such license.

 

(e) Submitting false information on an application for a license renders the license, if issued, invalid. No individual or firm may operate under such license. Depending upon the nature and severity of the offense, an individual or firm submitting false information when seeking a license shall be barred from obtaining a license for a period not less than six months but not more than two years from the date the license is determined by the director of city planning and development to be invalid or the date the information is determined to be false if no license is issued. This decision may be appealed to the building and fire codes board of appeals within 30 days of its rendering.

 

Sec. 18-334. Suspension or revocation of license.

 

(a) Grounds. The director of city planning and development may suspend or revoke a license issued under this division when the licensee commits one or more of the following acts or omissions:

 

(1) Failure to comply with any of the licensee responsibilities as outlined in section 18-332.

 

(2) Knowingly combining or conspiring with a person, firm, or corporation by permitting one's license to be used by such person, firm, or corporation.

 

(3) Acting as agent, associate, or partner or in any other capacity with persons, firms, or corporations to evade the provisions of this chapter.

 

(4) Violation of any provisions of this chapter.

 

(b) Procedure; effect and duration. When any of the acts or omissions enumerated in subsection (a) of this section are committed by a licensed contractor or a person or entity required to be licensed (referred to in this subsection as “the contractor”), and the director of city planning and development initiates suspension, revocation, or disqualification proceedings, the procedure shall be as follows:

 

(1) The contractor shall be notified in writing, by certified mail or personal service, that the license will be suspended or revoked on a date not less than 15 days from the date of the mailing of the notification. The notice will also inform the contractor of the basis for the action. A contractor, not licensed, will be informed of the period of disqualification from obtaining a license, seeking certification, obtaining trades permits, performing tradeswork, and providing trades supervision.

 

Exceptions to the 15-day notification period: In the case of failure to maintain the required insurance coverage, the loss of a supervisor, or failure to report changes in supervisors within the ten-day grace period, suspension shall be automatic and immediate. Changes in company name, company owner, business designation, company organization, or managing personnel not filed within the allotted ten-day grace period shall be grounds for automatically and immediately declaring a license invalid. Nullification of a license due to violation of 18-333(e) shall be executed immediately upon discovery.

 

(2) The director of city planning and development shall also state the length of suspension, revocation, or disqualification, according to the following restrictions:

 

a. Generally, a license may be suspended, or a period of disqualification imposed, for any period not to exceed six months.

 

b. However, if a contractor has been convicted four times, within a three-year period, of offenses punishable pursuant to section 18-15(b), the license shall be suspended, or a period of disqualification imposed, for one year.

 

c. Subsection (b)(5) of this section notwithstanding, if a contractor has been convicted five times, within a three-year period, of offenses punishable pursuant to section 18-15(b), the license shall be permanently revoked. If the contractor was working without the required license, the contractor shall be permanently disqualified from obtaining the required license.

 

(3) A hearing before the building and fire codes board of appeals as set forth in section 18-12 may be requested by the contractor, in writing, within 30 days of the date of the mailing of the notification. Appeal to the building and fire codes board of appeals shall stay the suspension or revocation until the board issues its decision.

 

(4) When a hearing is conducted, the contractor and all other interested parties may be in attendance. The building and fire codes board of appeals shall consider all properly admitted evidence. It shall determine, consistent with subsection (b)(2) of this section, whether a license should be suspended or revoked, or whether a person or contractor required to be licensed should be disqualified, and the length of any suspension or disqualification.

 

(5) At the end of any period of suspension, a contractor shall be reissued the license suspended to complete its original term, unless by its original terms it would have expired. If at the end of the suspension the original term has expired, a new application shall be filed before issuance of a license for the subsequent period, except that, where the suspension was due to failure to maintain insurance, and the account is otherwise up-to-date, the contractor shall instead provide a valid insurance certificate for reinstatement.

(6) Except as provided in subsection (b)(2) and (b)(5) of this section, a license suspended may not be reissued, nor may a new license be issued during the period of suspension. A person or contractor seeking a license following suspension must comply with all requirements for the initial issuance of a license.

 

(7) License revocation shall be permanent; and disqualification from obtaining a license may be either permanent or temporary. A license that has been revoked shall not be eligible for reinstatement, nor shall the parties thereto be eligible for new licenses, certificates of qualification, regulated tradeswork, or trades supervision in future. The same is true of any entity and representatives thereof permanently disqualified from obtaining a license.

 

(8) An individual, corporation, partnership, association, sole proprietorship, or other entity may not obtain a license if an officer or director of a corporation, a partner of a partnership, or the managing official of any entity, including a sole proprietorship, will be a person who has served as an officer or director of a corporation, a partner of a partnership, or the managing official of any entity, including a sole proprietorship, of a contractor whose license is suspended or revoked, or who has been disqualified from obtaining a license; nor shall such parties be allowed to seek trades certification, obtain trades permits, perform tradeswork, or provide trades supervision. This prohibition applies only during the period of suspension, revocation, or disqualification.

 


Sec. 18-335. Supervisor required for licenses.

 

(a) Type and class of supervisor. Every licensed contractor under this division shall be required to employ a full-time supervisor who holds a certificate of qualification as follows:

 

Licensee

Certificate

 

Demolition contractor class I

Demolition supervisor class I

Demolition contractor class II

Demolition supervisor class I or II

Electrical contractor class I

Master electrician

Electrical contractor class II

Master (limited) electrician or master electrician

Electrical contractor class III

Electrical supervisor or master electrician

Elevator contractor class I

Elevator supervisor class I

Elevator contractor class II

Elevator supervisor class I or II

Fire protection contractor class I

Fire protection supervisor class I

Fire protection contractor class II

Fire protection supervisor class I or II

Fire protection contractor class III

Fire protection supervisor class I or III

Gas-fired appliance contractor

Gas-fired appliance supervisor or master plumber

Heating and ventilating contractor

Heating and ventilating supervisor

Pipe fitting contractor

Master pipe fitter

Plumbing contractor

Master plumber

Refrigeration contractor

Refrigeration supervisor or master pipe fitter

Residential building contractor

Residential building supervisor

Sign contractor

Sign supervisor

 

(b) Designation of supervisor. An applicant for a contractor license may qualify with regard to the required supervisor in the following ways:

 

(1) If an individual, he may qualify by personal certification or by certification of a responsible managing employee.

 

(2) If a copartnership or a limited partnership, it may qualify by certification of a general partner or by certification of a responsible managing employee.

 

(3) If a corporation or any other combination or organization, it may qualify by the certification of a responsible managing officer or by certification of a responsible managing employee.

 

The supervisor shall be a full-time management employee of the licensed contractor and shall be responsible for exercising such full-time, active supervision and control of his employer's or principal's construction operations as is necessary to secure full compliance with the provisions of the various articles of this chapter and other ordinances and rules and regulations of the city.

 

(c) Change of supervisor. The contractor license shall be valid only as long as the named supervisor serves as the supervisor for only one contractor in an active, full-time capacity.

 

(1) Notification of disassociation. If the individual designated as supervisor for the licensed contractor ceases for any reason whatsoever to be connected with the individual or firm to whom the contractor license is issued or in any manner ceases to fulfill the full range of duties of the qualified supervisor even though he remains in the contractor’s employ, the licensed contractor shall notify the director of city planning and development in writing within ten days from such cessation.

 

(2) Effect of disassociation. If notice is given to the director of city planning and development as required in subsection (c)(1) of this section, the contractor license shall remain in force until another supervisor is designated, but not to exceed 30 days from such notice. If the licensed contractor fails to notify the director of city planning and development in writing within the ten-day period, the contractor license shall be automatically suspended at the end of that ten-day period. The contractor license shall be reinstated upon the approval of another supervisor.

 

(3) Designation of new supervisor. To replace a supervisor, the licensed contractor shall file with the director of city planning and development an application, executed by the responsible managing employee of the firm, designating an individual to serve as supervisor as required by this chapter. The application shall be accompanied by the fee fixed by this chapter and shall state that the individual so serving is designated as the person responsible for work performed in the city.

 

Sec. 18-336. Certificates of qualification generally; examinations.

 

(a) Definition. A certificate of qualification is authority granted to an individual to perform and/or supervise certain skilled tradeswork and is issued by the director of city planning and development upon successful completion of a written examination, provided that all applicable certification requirements have been met. A certificate of qualification is not transferable.

 

(b) Certificate required. Certificates of qualification shall be required for all types of work specified and classified in section 18-339.

 

(c) Examination required. Every supervisor required for a particular license shall be examined by the director of city planning and development for conformance with established certification standards, including passage of the required third-party examination; and, if deemed qualified, shall be issued a certificate of qualification and shall be entitled to perform and supervise the work in the particular skilled trade for which he is qualified and certified. The certificate is an individual certificate and shall not be construed to be a license.

 

(d) Examination standards. The director of city planning and development is authorized to make rules of procedure and to establish reasonable standards necessary for evaluation of certificate applicants. Examination standards shall be consistent with the purpose of this chapter, which is the protection of the public health and safety of the people of the city so that those who are approved under this division are qualified to supervise or perform the work for which they may be approved. The director of city planning and development is authorized to set standards and examine supervisors in the following areas:

 

(1) Applicable portions of this chapter and other governing codes.

 

(2) Related technical knowledge.

 

(3) Related skills.

 

(4) Education.

 

(5) Experience.

 

Verification of information included on the application forms and references shall be included as part of this process. In addition, passage of written examinations prepared and administered by the City’s third-party testing agency shall be required for certification.

 

(e) Application for certificate. Every applicant for a certificate of qualification shall fill out the form provided by the director of city planning and development and shall pay an application fee as provided in section 18-20 of this chapter, at the time of filing. Such fee shall not be refundable. The application fee shall not apply on the certificate fee. The city and its departments shall be exempt from paying this fee. Certificate applications are valid one year from the date accepted for processing.

 

(f)                Temporary certificate. At the discretion of the director of city planning and development, he may issue a temporary certificate of qualification. Such certificate shall be in effect until the examination procedure is completed. The applicant shall be given consideration only when he has previously been certified by the city but not suspended, revoked, or disqualified.

 

(g) Examination fee. Each applicant taking an examination shall be charged an examination fee as provided in section 18-20 of this chapter.

 

(h) Issuance of certificate. After an applicant has successfully passed the examination, the director of city planning and development shall make a final review of the applicant’s qualifications and, if satisfied that the standards have been met, shall issue a certificate of qualification.

 

(i) Failure to pass examination. When an applicant has failed to pass the examination, he shall be so notified in writing by the director of city planning and development.

 

(j) Right of appeal. In every instance that the director of city planning and development disapproves the application of a candidate for a certificate of qualification, the applicant may appeal that adverse decision to the building and fire codes board of appeals in the manner provided in section 18-12.

 

Sec. 18-337. Renewal of certificate of qualification.

 

(a) Certificates of qualification issued under this division shall be valid for four years and must be renewed quadrennially. A quadrennial renewal fee as provided in section 18-20 of this chapter shall be paid. It shall be a violation of this chapter to perform any regulated work after expiration of a certificate. If a certificate is renewed more than four years after its issuance, the quadrennial fee, plus an amount prorated by month, or part of a month, representing the period during which the certificate was dormant, shall be paid.

 

(b) Continuing education. The residential building supervisor shall complete at least 32 hours of continuing education as a condition of approval for certificate renewal and shall submit satisfactory evidence of completion of such continuing education prior to renewal.

 

Sec. 18-338. Reissuance of certificate of qualification.

 

The director of city planning and development shall have the authority to reissue a certificate of qualification under this division without examination, provided such reissuance is requested within two years following expiration. Quadrennial renewal fees for the period during which the certificate was dormant must be paid prior to reissuance. If a certificate is not reissued during this period, the person must begin the application process, including passage of the required examination, anew.

 

Sec. 18-339. Classification of certificates of qualification.

 

(a) Generally. There shall be various classes of certificates of qualification under this division, and the holder of each certificate type shall be authorized to do the work specified for that class.

 

(b) Supervisor certificates. A supervisor certificate of qualification shall be required for certain contractor licenses as set forth in this division and shall allow the holder to serve as supervisor as follows:

 

Supervisor

Licensee

Demolition supervisor class I

Demolition contractor class I or II

Demolition supervisor class II

Demolition contractor class II

Electrical supervisor

Electrical contractor class III

Elevator supervisor class I

Elevator contractor class I or II

Elevator supervisor class II

Elevator contractor class II

Fire protection supervisor class I

Fire protection contractor class I, II, or III

Fire protection supervisor class II

Fire protection contractor class II

Fire protection supervisor class III

Fire protection contractor class III

Gas-fired appliance supervisor

Gas-fired appliance contractor

Heating and ventilating supervisor

Heating and ventilating contractor

Master electrician

Electrical contractor class I, II, or III

Master (limited) electrician

Electrical contractor class II

Master pipe fitter

Pipe fitting contractor or refrigeration contractor

Master plumber

Plumbing contractor or gas-fired appliance contractor

Refrigeration supervisor

Refrigeration contractor

Residential building contractor

Residential building supervisor

Sign supervisor

Sign contractor

 

(c) Operators’ certificates. An operator’s certificate of qualification shall be required to operate and maintain the following equipment and shall entitle the holder to operate and maintain the equipment for which he is certified; except that equipment and accessories used for operations, production, or processing by public utilities, government agencies, manufacturing or processing plants, or commercial enterprises may be operated and maintained by a regular operating and maintenance staff when supervised by a professional engineer registered by the state. The work done under such supervision shall comply with all applicable provisions of this code, including required permits and inspections.

 

(1) Operating engineer. An operating engineer certificate shall entitle the holder to take charge of and to operate and maintain all steam-generating boilers, steam engines, internal-combustion engines, turbines, condensers, compressors, generators, motors, blowers, fuel-burning equipment, and refrigeration systems and all auxiliary apparatus, together with any necessary maintenance of piping used in connection therewith. The certificate is required for operating the following:

 

a. Steam-generating boilers carrying 125 or more pounds of pressure.

 

b. Boilers carrying 100 or more pounds of pressure when used for driving machinery.

 

c. Any system containing a Group 3 refrigerant.

 

d. Any system with a capacity greater than ten tons containing a Group 2 refrigerant.

 

(2) Steam operating engineer. A steam operating engineer certificate shall entitle the holder to operate and maintain the same steam equipment and accessories as an operating engineer, as follows: All steam-generating boilers, steam engines, internal-combustion engines, turbines, condensers, compressors, generators, motors, blowers, fuel-burning equipment, and all auxiliary apparatus, together with any necessary maintenance of piping used in connection therewith. The certificate is required for operating the following:

 

a. Steam-generating boilers carrying 125 or more pounds of pressure.

 

b......... Boilers carrying 100 or more pounds of pressure when used for driving machinery.

 

(3) Refrigeration operating engineer. A refrigeration operating engineer certificate shall entitle the holder to operate and maintain any refrigeration system. The certificate is required for:

 

a. Any system containing a Group 3 refrigerant.

 

b. Any system with a capacity greater than ten tons containing a Group 2 refrigerant.

 

(4) Fireman. A fireman certificate shall entitle the holder to operate and maintain boilers carrying less than 100 pounds of pressure for the purpose of driving machinery, and to operate other steam tanks or steam boilers carrying less than 125 pounds of pressure. The certificate is not required for the operation of steam tanks or steam boilers carrying pressures of 15 pounds or less.

 

(5) Plant fireman. A plant fireman certificate shall entitle the holder to operate and maintain the same equipment and accessories as a fireman but shall limit the holder to a designated plant or system of plants with similar equipment.

 

(d) Journeyman plumber certificate of qualification. A journeyman plumber certificate of qualification shall entitle the holder to labor at the trade of plumbing as an employee of a licensed plumbing contractor.

 

Sec. 18-340. Submitting false information on application for certificate of qualification.

 

Submitting false information on an application for a certificate of qualification under this division renders the certificate, if issued, invalid. No individual may work under such certificate. Depending upon the nature and severity of the offense, any individual submitting false information when seeking a certificate of qualification shall be barred from obtaining a certificate for a period not less than six months but not more than two years from the date the certificate of qualification is determined by the director of city planning and development to be invalid or the date the information is determined to be false if no certificate is issued. This decision may be appealed to the building and fire codes board of appeals.

 

Sec. 18-341. Responsibilities of holders of certificates of qualification.

 

Every holder of a certificate of qualification under this division shall be responsible for compliance with the requirements of this chapter, and, without limitation, for the following items:

 

(1) To present his certificate when requested by any member of the department of city planning and development.

 

(2) To faithfully construct without departure from or disregard of approved drawings and specifications, when such drawings and specifications have been filed with and reviewed for code compliance by the director of city planning and development and a permit has been issued for such construction.

 

(3) To obey any order issued under authority of this chapter.

 

(4) To pay any fee assessed under authority of this chapter.

 

(5) To observe and comply with all city ordinances prescribing measures for the safety of workmen and of the public.

 

(6) To observe and comply with all other city ordinances or regulations and any federal or state laws or regulations.

 

(7)....... To exercise supervision and control of his employer’s or principal’s construction operations.

 

(8) To immediately notify the director of city planning and development when he leaves the employ of a licensee for whom he is the qualified supervisor.

 

(9) To be available on the project site as needed.

 

Sec. 18-342. Suspension or revocation of certificate of qualification.

 

(a) Grounds. The director of city planning and development may suspend or revoke a certificate issued under the provisions of this chapter for any one or more of the following acts or omissions:

 

(1) Incompetence.

 

(2) Misuse of the certificate.

 

(3) Violation of any provisions of this chapter.

 

(4) Failure to comply with any of the certificate holder responsibilities as outlined in section 18-341.

 

(b) Procedure. When any of the acts or omissions as enumerated in subsection (a) of this section are committed by a certificate holder and the director of city planning and development deems that such certificate should be suspended or revoked, the action shall be as set forth in section 18-334 for licensed contractors.

 

Sec. 18-343. Transitional provisions.

 

Except as otherwise expressly provided in this division, this division shall not be construed to require the duplication or reissuance of any license or certificate within the same four-year period, the duplication of any examination, or the duplication of any payment of any fee for a particular grade of license or certificate within the same four-year period. All persons, firms, and corporations in the building and construction industries now lawfully certified or licensed under former codes and ordinances shall be deemed to be appropriately certified or licensed under this division. Any such licensee or certificate holder under a former code or ordinance who fails to reapply for a license or certificate at the conclusion of the license’s or certificate’s term shall surrender that license or certificate; and such license or certificate shall be deemed to be null and void.

 

Secs. 18-344—18-349. Reserved.

 

ARTICLE XIII. INTERNATIONAL EXISTING BUILDING CODE

 

Sec. 18-350. Adoption of International Existing Building Code (2012); amendments.

 

The International Existing Building Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Existing Building Code. The following provisions coinciding with provisions of the International Existing Building Code supersede, or delete, when indicated, the corresponding provisions of the International Existing Building Code.

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1, Scope and Administration -- This chapter is deleted, except for the following sections (see Article I of this chapter):

 

SECTION 101.2 – Scope

 

SECTION 101.3 – Intent

 

In Section 202, the following definition has been revised:

 

Flood hazard area. See Code of Ordinances Chapter 28, Floodplain Management.

 

402.2 Flood hazard areas is deleted. See Article I of this chapter.

 

601.3, 606.2.4 Flood hazard areas is deleted. See Article I of this chapter.

 

701.3 Flood hazard areas is deleted. See Article I of this chapter.

 

904.1 Automatic sprinkler systems. Automatic sprinkler systems shall be provided in all work areas where required by the building code.

1012.5.1 Exception is deleted. See 1012.5.1.1 Fire wall alternative.

1012.7.1 Minimum requirements. Vertical shafts shall be designed to meet the requirements of Article II or this section. Means of egress stairways shall be enclosed in accordance with the Article II or Section 912.4. Other stairways may comply with this section.

1012.7.1.1 Stairways/Shafts – Lower hazard. When a change of occupancy group is made to an equal or lesser hazard category (higher number) as shown in Table 912.4, and a Level 2 or 3 alteration is involved, the enclosure shall comply with Section 703.2.1, Section 912.7, or Article II of this chapter.

 

1103.5 Flood hazard areas is deleted. See Article I of this chapter.

1204.1 Flood hazard areas is deleted. See Article I of this chapter.

1203.12 Automatic fire –extinguishing systems is deleted.

1302.8 Structures moved into the City. Structures moved into the City limits shall additionally comply with provisions of the Kansas City Building and Rehabilitation Code as required by the building official as necessary for the safe use of the structure.

1401.2 Applicability. Structures existing prior to 1878, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 12. The provisions in Sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in Group H or I.

1401.2.1, 1401.2.2, 1401.2.3, 1401.2.4 and 1401.2.5 are adopted without amendment.

Secs. 18-351¾18-366. Reserved.

 

ARTICLE XIV. ENERGY CONSERVATION CODE

 

Sec. 18-367. Adoption of International Energy Conservation Code (2012);

amendments.

 

The International Energy Conservation Code (2012), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Energy Conservation Code. The following provisions coinciding with provisions of the International Energy Conservation Code supersede, or delete, when indicated, the corresponding provisions of the International Energy Conservation Code.

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

 

Chapter 1 [CE], SCOPE AND ADMINISTRATION is deleted. See Article I of this chapter.

 

Table C402.1.2. Under Climate Zone 4, amend the following items:

‘Roofs; Insulation entirely above deck; All Other & Group R’ – U-0.048

‘Walls, Above Grade; Wood framed and other; All Other & Group R’ – U-0.082

(Remainder of table unamended.)

 

Table C402.2. Under Climate Zone 4, amend the following items:

‘Roofs; Insulation entirely above deck; All Other & Group R’ -- R-20ci

‘Walls, Above Grade; Wood framed and other; All Other & Group R’ -- R-13

(Remainder of table unamended.)

 

C402.3.1 Maximum area. The vertical fenestration area (not including opaque doors and opaque spandrel panels) shall not exceed 40 percent of the gross above grade wall area. The skylight area shall not exceed 3 percent of the gross roof area.

 

C402.3.1.1 Increased vertical fenestration area with daylighting controls is deleted.

 

C402.3.1.2 Increased skylight area with daylighting controls. The skylight area shall be permitted to be a maximum of 5 percent of the roof area provided automatic daylighting controls are installed in daylight zones under skylights.

 

C406 Additional Efficiency Package Options is deleted.

 

C408 System Commissioning is deleted.

 

Chapter 1 [RE], SCOPE AND ADMINISTRATION is deleted. See Article I of this chapter.

 

Table R402.1.1. Under Climate Zone 4, amend the following item:

‘Wood Frame Wall R-Value’ -- 13

(Remainder of table unamended.)

 

Table R402.1.3. Under Climate Zone 4, amend the following item:

‘Wood Frame Wall U-Factor’ -- 0.082

(Remainder of table unamended.)

 

R402.2.9, Exception. Insulation at the interface between the foundation wall and slab may be omitted.

 

Table R402.4.1.1. Under ‘Walls’, amend first sentence to read: “Corners and headers shall be sealed and the junction of the foundation and sill plate shall be sealed.” Under ‘Fireplace, delete: “Fireplaces shall have gasketed doors.” (Remainder of table unamended.)

 

R402.4.1.2 Testing. Building leakage testing shall be conducted where required by the building official. Where required by the building official, the testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the building official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. Effective January 1, 2014, the building or dwelling unit shall have an air leakage rate of not exceeding 5 air changes per hour when tested with a blower door at a pressure of 0.2 inches w.g. (50 Pascals).

 

During testing:

1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weatherstripping or other infiltration control measures;

2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures;

3. Interior doors, if installed at the time of the test, shall be open;

4. Exterior doors for continuous ventilation systems and heat recovery ventilators shall be closed and sealed;

5. Heating and cooling systems, if installed at the time of the test, shall be turned off; and,

6. Supply and return registers, if installed at the time of the test, shall be fully open.

 

R403.2.2 Sealing (Mandatory). Ducts, air handlers, and filter boxes shall be sealed. Joints and seams shall comply with Section M1601.4.1 of this code.

 

Exceptions:

1. Air-impermeable spray foam products shall be permitted to be applied without additional joint seals.

2. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.

3. Continuously welded and locking-type longitudinal joints and seams in ducts operating at static pressures less than 2 inches of water column (500 Pa) pressure classification shall not require additional closure systems.

 

Duct system tightness shall be verified by testing where required by the building official. Effective January 1, 2014, duct system tightness shall comply with either of the following:

 

1. Postconstruction test: Total leakage shall be less than or equal to 4 cfm per 100 square feet of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. All register boots shall be taped or otherwise sealed during the test.

 

Exception: Postconstruction test with leakage to outdoors less than or equal to 8 cfm per 100 square feet of conditioned floor area.

 

2. Rough-in test: Total leakage shall be less than or equal to 4 cfm (113.3 L/min) per 100 ft2 (9.29 m2) of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (25 Pa) across the system, including the manufacturer’s air handler enclosure. All registers shall be taped or otherwise sealed during the test. If the air handler is not installed at the time of the test, total leakage shall be less than or equal to 3 cfm (85 L/min) per 100 square feet (9.29 m2) of conditioned floor area.

 

Exception: The duct system leakage test is not required for ducts and air handlers located entirely within the building thermal envelope.

 

R403.2.2.1 (R403.2.2.1) Sealed air handler. Air handlers shall have a manufacturer’s designation for an air leakage of no more than 2 percent of the design air flow rate when tested in accordance with ASHRAE 193.

 

R403.2.3 Building cavities (Mandatory). Building framing cavities used as ducts or plenums shall be sealed to prevent leakage through the thermal envelope.

 

R404.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously burning pilot lights.

 

Secs. 18-368-¾18-383. Reserved.

 

ARTICLE XV. BLASTING

Sec. 18-400. Notice

(a) Any person using explosives who conducts blasting in the City that is required to provide notice to an appropriate City representative and fire protection official pursuant to section 319.342, Revised Statutes of Missouri, shall provide such notice to the Director of the City Planning and Development Department, or the Directors designee, at City Hall and to the Fire Chief, or the Chiefs designee.

(b) Notice shall be given at least two business days in advance of blasting in writing or by telephone.

(c) The notice required by this section shall state the name, address, and telephone number of the person using explosives, the name of the individual responsible for supervision of blasting, the blasters license or registration number, if applicable, the policy number and claims contact information for their general liability insurance, the date and approximate period over which blasting will be conducted, the location of blasting by street address, route, or other description, and the nature of the project or reason for blasting.

(d) If blasting will be conducted at an ongoing project, such as a long term construction project, or at a permanent site, such as a surface mine, the person using explosives shall only be required to make one notice to the Director of the City Planning and Development Department and to the Fire Chief in advance of the first use of explosives.

(e) No notice is required to be given for ongoing projects or permanent sites in existence at the time of the effective date of this ordinance.

(f) A fee in the amount of $259.00 shall be assessed by City Planning & Development to cover processing and recording-keeping of the notice.

(g) The city manager shall have the authority to adjust the fees listed above, except Sections 18-20 (b)(2) and 18-20 (b)(3), to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

Section 3. Pursuant to Section 67.280, Revised Statutes of Missouri, the Council finds that at least three copies of this proposed amendment to a technical code was filed with the City Clerk and made available for public use, inspection, and examination at least 90 days prior to the adoption of this ordinance.

Section 4. Compliance with the changes made to Chapter 18 with this ordinance is mandatory for applications made on or after October 1, 2012. Until that date, applicants may choose to have applications reviewed under this ordinance provided that if an applicant so chooses, the application must comply with this ordinance in its entirety.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney