City of Clayton, MO Building Codes and Building Regulations

Editor's Note—Ord. no. 6128 § 1, adopted December 14, 2010, repealed sections 500.010 "building code adoption", 500.020 "adoption of county electrical code" and 500.030 "additions, insertions, deletions and changes—building, mechanical, plumbing, residential and fuel gas codes" and enacted the provisions set out herein. Former sections 500.010—500.030 derived from CC 1970 §§ 5-1—5-2; ord. no. 5431 § 1, 5-26-98; ord. no. 5441 § 1, 7-28-09; ord. no. 5563 § 1, 5-23-00; ord. no. 5586 § 1, 9-12-00; ord. no. 5655 § 1, 10-9-01; ord. no. 5806 § 1, 1-13-04; ord. no. 5815 § 1, 4-27-04; ord. no. 5927 § 1, 4-25-06; ord. no. 5975 § 1, 6-12-07; ord. no. 6004 § 1, 12-18-07. The electrical code can now be found at section 500.030.

Section 500.010 Building Code Adoption.

[Ord. No. 6128 § 1, 12-14-2010; Ord. No. 6395 § 1, 10-13-2015; Ord. No. 6409 §1, 1-26-2016; Ord. No. 6780, 11-8-2022]

The Building Code of the City shall consist of Part I, the 2021 International Building Code, Part II, the 2021 International Mechanical Code, Part III, the 2021 International Plumbing Code, Part IV, the 2021 International Residential Code, Part V, the 2021 International Fuel Gas Code, Part VI, the 2021 International Energy Conservation Code, Part VII, the 2021 International Existing Building Code, Part VIII, the 2021 International Swimming Pool and Spa Code, and all appendices to each code. Additions, insertions, deletions, and changes to codes are set out in Section 500.020

Section 500.020 Additions, Insertions, Deletions and Changes—Building, Mechanical, Plumbing, Residential, Fuel Gas, Energy Conservation, Existing Building and Swimming Pool and Spa Codes.

[Ord. No. 6128 § 1, 12-14-2010; Ord. No. 6395 §1, 10-13-2015; Ord. No. 6409 §2, 1-26-2016; Ord. No. 6780, 11-8-2022]

Part I. 2021 International Building Code.

The following numbered Sections and Subsections are hereby amended by addition, insertions, deletions, and changes. Each section or subsection contained herein is part of Chapter 500 and should be considered as such. The amended Sections and Subsections shall read as follows:

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

Section 101.1 is amended to read as follows:

Section 101.1 Title: These regulations shall be known as "the Building Code of the City of Clayton, Missouri," hereinafter referred to as "this code."

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 is amended to read as follows:

Section 103.1 Creation of enforcement agency. The Department of Planning and Development, Building Division, is hereby created, and the official in charge thereof shall be known as "the building official." The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

SECTION 105 PERMITS

Section 105.1.1 Deleted without substitution.

Section 105.1.2 Deleted without substitution.

Section 105.2 is amended to read as follows:

Section 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning ordinance, or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the gross floor area does not exceed fifty (50) square feet.

2. Retaining walls which are not over four (4) feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3. Sidewalks and driveways that are not within the public right-of-way and are not more than thirty (30) inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

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

6. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and are installed entirely above ground.

7. Swings and other playground equipment located in the rear yard and that are accessory to detached one- and two-family dwellings.

8. Window awnings supported by an exterior wall which do not project more than fifty-four (54) inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.

9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet, nine (9) inches (1,753 mm) in height.

Electrical:

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

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but does apply to equipment and wiring for power supply, the installation of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part which does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

SECTION 109 FEES

Section 109.4 is amended to read as follows:

Section 109.4 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual total permit fee in addition to the required permit fees.

SECTION 113 MEANS OF APPEALS

Section 113.1 is amended to read as follows:

Section 113.1 Application for appeal. Any person shall have the right to appeal to the Board of Appeals from a decision of the Code Official. An application and fee must be filed with the City Clerk. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction is to be used. Decision of the Board of Appeals shall be binding on the Code or other Official involved in the appeal.

Section 113.3 is amended to read as follows:

Section 113.3 Qualifications. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

1. Registered design professional who is a registered architect; or a builder or a superintendent of building construction with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.

2. Registered design professional with structural engineering or architectural experience.

3. Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.

4. Registered design professional with electrical engineering experience; or an electrical contractor with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.

5. Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.

SECTION 114 VIOLATIONS

Section 114.4 is amended to read as follows:

Section 114.4 Violation penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

SECTION 115 STOP-WORK ORDER

Section 115.4 is amended to read as follows:

Section 115.4 Failure to comply. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances and as defined in Section 114.4 of this code.

SECTION 508 MIXED USE AND OCCUPANCY

Table 508.4 is amended to read as follows:[1]

SECTION 903 AUTOMATIC SPRINKLER SYSTEMS

Section [F] 903.3.1.1.3 is added to read as follows:

[F] 903.3.1.1.3 Sprinklers required. Clean agent, halogenated or carbon dioxide extinguishing systems shall not be considered as an alternative to an automatic sprinkler system in computer rooms, vaults or other rooms where an automatic sprinkler system is required.

SECTION 1015 GUARDS

Section 1015.9 is added to read as follows:

Section 1015.9 Retaining walls. Guards shall be provided where retaining walls with differences in grade level on either side of the wall in excess of thirty (30) inches are located closer than two (2) feet to a walk, path, parking lot or driveway on the high side of the retaining wall.

SECTION 1612 FLOOD LOADS

Section 1612.3 is amended to read as follows:

Section 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the Governing Body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Clayton" dated August 2, 1995, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be a part of this Section.

SECTION 2703 ELECTRIC SERVICE

Section 2703.1 is added to read as follows:

Section 2703.1 Underground electric service. The following shall be supplied electricity by means of underground service from the utility distribution system to the premises wiring system:

1. Where an existing service lateral provides underground electrical service to the building or structure.

2. All buildings and structures hereafter erected.

3. Any building or structure where an addition and/or alteration would interfere with the existing service and would require any part of the electric service, including the service point or service entrance conductors be relocated.

4. Any building or structure to which a new electrical service is added.

5. All buildings and structures that are provided electricity by means of an underground electrical distribution system.

Exceptions:

1. An existing overhead service may be repaired, upgraded or replaced if the service point and/or service entrance conductors are not moved from their present location on the building or structure.

2. When, in the opinion of the Code Official, a modification is necessary to abate a safety hazard and there is no other related construction activity involved, the Code Official may deem such a modification as minor in nature and allow said service to be modified and remain overhead.

SECTION 3107 SIGNS

Section 3107.2 through 3107.2.1 is added to read as follows:

Section 3107.2 Permits required. A sign shall not be erected, constructed or altered except as herein provided and not until any applicable fees are paid by the applicant and the sign permit has been issued by the Code Official.

Section 3107.2.1. Exempt signs. The following signs are exempt from permit requirements and fees:

(1) For-sale or for-lease signs not exceeding six (6) square feet.

(2) Temporary display window signs.

(3) Temporary signs announcing civic events approved by the Director of Planning and Development.

(4) Product identification cards used in conjunction with window displays.

(5) Construction regulatory signs required for public safety.

(6) Temporary political signs in residential areas.

SECTION 3116 FENCES, WALLS AND SCREENS

Section 3116.1 and Section 3116.2 is added to read as follows:

Section 3116.1 Fences, walls and screens. It shall be unlawful to erect any division, fence or screen, in whole or in part, of cloth, canvas or similar material, nor shall any solid division fence or screen of approved material exceeding six (6) feet be erected except a solid fence of up to eight (8) feet may be erected in a residential rear yard which is immediately adjacent to a commercial district; provided, however, a wooden or metal fence or screen not exceeding ten (10) feet in height may be erected in non-residential areas and eight (8) feet in residential areas if such fence or screen is penetrated with openings at regular intervals or latticed so that the combined area of the openings shall be at least fifty percent (50%) of the actual surface of such fence or screen. No division fence, fence wall or screen, no matter how built or of what material constructed, shall exceed ten (10) feet in height unless approved by the Architectural Review Board.

Section 3116.2 Fences general. The finished side of fences shall face all neighboring properties, including streets and alleys unless written approval from all affected property owners is submitted waiving this requirement.

SECTION 3301 GENERAL

Section 3301.3 is added to read as follows:

Section 3301.3 Regulation of Construction Dumpster(s)

Section 3301.3.1 As used in this Section, the following term shall mean as follows:

Construction Dumpster — a large container designed to receive, transport and dump construction debris.

Section 3301.3.2 No dumpster or construction storage unit may be placed on any street or alley in Clayton or public right-of-way without first receiving a right-of-way permit from the City's Public Works Department.

Section 3301.3.3 A dumpster or construction storage unit may be placed upon a property in a residentially zoned district if said dumpster is part of a redevelopment project, including, but not limited to, new construction of a residential or mixed-use project, major addition to an existing structure or other project as approved by the City's Plan Commission/Architectural Review Board. The placement of such dumpster shall be approved by the Building Official or his/her designee and must be placed behind the proscribed construction fence. The dumpster(s) may remain on the construction site for the duration of the permit, provided that it is contained behind the construction fence, is emptied regularly and is covered at the conclusion of each workday.

Section 3301.3.4 Except as stated above, no dumpster may be placed in the driveway or upon any property in a residentially zoned district without first securing a dumpster permit from the Planning and Development Services Department. Said permit shall be in effect for a period not to exceed one hundred twenty (120) days. Dumpsters must be emptied so as to not overflow and must be covered at the end of each workday and/or when not in use. The City reserves the right to cancel a permit if these regulations are not adhered to. Any extension beyond one hundred twenty (120) days will require a review to assure satisfactory progress toward completion of the project. Extensions to the one hundred twenty (120) day period are subject to a daily fee and may be denied for cause. A denial may be appealed to the City Manager.

Section 3301.3.5 Cost of the permit and any extensions shall be in accordance with the fee schedule approved by the Board of Aldermen.

Section 3303.1.1 is added to read as follows:

Section 3303.1.1 Notice of Intent. The person intending to cause a demolition or an excavation shall deliver written notice of such intent to the owner of each potentially affected adjoining lot, building or structure and the owner(s) of each property located within the Clayton City limits within two hundred (200) feet of a proposed residential demolition, calculated by measuring a distance of two hundred (200) feet from the property lines around the entire perimeter of the subject property, at least one (1) week prior to the commencement of work. The notice to adjoining property owners shall request license to enter the potentially affected lot, building or structure prior to the commencement of work and at reasonable intervals during the work to inspect and preserve the lot, building or structure from damage. The notice to owners of property located within the Clayton City limits within two hundred (200) feet of a residential demolition will identify the property to be demolished and approximate date of demolition.

Section 3303.6.1 and Section 3303.6.2 is added to read as follows:

Section 3303.6.1 Water and Sewer. All abandoned sewers, or parts thereof, shall be capped or plugged within five (5) feet of the property line, and all abandoned building (house) water services shall be disconnected at the corporation cock adjacent to the water main.

Section 3303.6.2 Permit requirement. An excavation and plumbing permit, as provided in the Code of Ordinances of the City, shall be required to disconnect any abandoned sewer or water service, and no excavation shall be backfilled until all work is inspected by the Plumbing Inspector.

Permits for this work shall be issued only to a master plumber licensed by the City.

SECTION 3306 PROTECTION OF PEDESTRIANS

Section 3306.1 is amended to read as follows:

Section 3306.1 Temporary Construction Fences. No construction fence may be erected until the Code Official approves a site plan depicting the materials, location and access gates.

All buildings undergoing construction, substantial rehabilitation, removal or demolition or any and all excavations (except sewer and utility trenches) exceeding five (5) feet in depth, shall be enclosed on all sides with a solid wood construction fence and pedestrian protection as required in Table 3306.1.

All building materials, sheds, equipment, trailers, dumpsters and portable toilets shall be located and stored within the boundaries of the fence at all times.

Section 3306.1.1 is added to read as follows:

Section 3306.1.1 Duration and Removal of Temporary Construction Fences. Construction fences may not be erected more than ten (10) calendar days prior to demolition or the commencement of construction and must be approved by the Code Official prior to the construction of the fence. If demolition or construction does not commence within ten (10) days of installation, the fence must be removed and the site restored as required by the International Property Maintenance Code. Construction fences must be maintained throughout the project.

Section 3306.5 is amended to read as follows:

Section 3306.5 Barriers. Barriers shall be a minimum of six (6) feet in height and shall be placed on the side of the walkway nearest the construction. Barriers shall extend the entire length of the construction site. Openings in such barriers shall be protected by doors or gates which are normally kept closed. Doors and gates must be kept locked at time of construction inactivity on the site.

Section 3306.6 is amended to read as follows:

Section 3306.6 Fence Construction. Required temporary construction fences shall comply with the following requirements:

1. Temporary construction fence panels shall be no less than six (6) feet in height and constructed with approved pre-manufactured fence panels that are no less than one-half (1/2) inch thick finished boards. Site constructed fence panels using other materials may be permitted when the design, materials and finishes are approved by the Code Official.

2. Fence posts shall be a minimum of four (4) inch by four (4) inch treated lumber and spaced no more than eight (8) feet on center. Posts shall be set with at least one-third (1/3) of their length below grade and set in concrete.

3. Gates must be of metal chain-link material with approved vision panels to obscure sight. Gates must be chained and locked with a lock substantial enough to ensure closure and security. The space between gates, posts or hardware shall be no greater than four (4) inches.

4. No temporary construction fence may encroach beyond the subject property line. Furthermore, no fence may encroach upon the public right-of-way without the written approval of the Public Works Department.

Section 3306.10 is added to read as follows:

Section 3306.10 Failure to Comply. Failure to comply with the regulations of this Section can result in the issuance of a stop work order and/or legal action which could result in court imposed fines.

[1]

Editor's Note: Table 508.4 is included as an attachment to this Chapter.

Part II. 2021 International Mechanical Code.

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as "the Mechanical Code of the City of Clayton, Missouri," hereinafter referred to as "this code."

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 is amended to read as follows:

Section 103.1 Creation of enforcement agency. The Department of Planning and Development, Building Division, is hereby created and the official in charge thereof shall be known as "the building official." The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

SECTION 109 FEES

Section 109.4 is added to read as follows:

SECTION 112 INSPECTIONS AND TESTING

Section 112.4 is added to read as follows:

Section 112.4 Periodic inspections. Periodic inspections of boilers and pressure vessels will be conducted by the State of Missouri, Department of Public Safety, as provided for in Chapter 650, Revised Statutes of the State of Missouri, 1986.

SECTION 113 MEANS OF APPEALS

Section 113.1 is amended to read as follows:

SECTION 114 BOARD OF APPEALS

Section 114.1 is amended to read as follows:

Section 114.1 Membership of Board. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

2. Registered design professional with structural engineering or architectural experience.

SECTION 115 VIOLATIONS

Section 115.4 is amended to read as follows:

Section 115.4 Violation penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

SECTION 116 STOP WORK ORDER

Section 116.4 is added to read as follows:

Section 116.4 Failure to comply. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances and as defined in Section 115.4 of this code.

SECTION 303 EQUIPMENT AND APPLIANCE LOCATION

Section 303.6.1 is added to read as follows:

Section 303.6.1 Location. Mechanical equipment, air conditioning condensing units, pool pumps, geothermal borings and/or piping and other mechanical appliances and equipment located outdoors shall be a minimum of five (5) feet zero (0) inches from any side or rear yard property line. Equipment shall be properly screened as approved by the Architectural Review Board or the Code Official.

SECTION 404 ENCLOSED PARKING GARAGE

Section 404.1 is amended to read as follows:

404.1 Enclosed parking garages. Mechanical ventilation systems for enclosed parking garages shall be permitted to operate intermittently where the system is arranged to operate automatically upon detection of vehicle operation or the presence of occupants by approved automatic detection devices. The mechanical ventilation system shall have means to operate manually for a remote device. The location and installation shall be approved by the Code Official.

SECTION 507 COMMERCIAL KITCHEN HOODS

Section 507.2 is amended to add Exception 2 to read as follows:

Exception 2. The installation of a domestic cooking appliance in a commercial building that is capable of producing grease or smoke, and the appliance is primarily intended for warming and the Building Official and the Fire Official believe the use to be minimal, said installation must comply with Section 505 and be protected by a listed automatic range top fire suppression system or comply with Section 509. This exception does not apply to Use Group or Occupancy Types A, E and I for their primary cooking operations.

SECTION 805 FACTORY-BUILT CHIMNEYS

Section 805.6.1 is added to read as follows:

Section 805.6.1 Enclosure. Every factory-built chimney or vent installed on the exterior of a building shall be enclosed with brick or other architectural material compatible with the design of the exterior of the building or in a manner approved by the Architectural Review Board.

Part III. 2021 International Plumbing Code.

SECTION 101 SCOPE AND GENERAL REGULATIONS

Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as "the Plumbing Code of the City of Clayton, Missouri," hereinafter referred to as "this code."

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 is amended to read as follows:

Section 103.1 Creation of agency. The Department of Planning and Development Building Division is hereby created and the official in charge thereof shall be known as "the Code Official." The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

SECTION 106 PERMITS

Section 106.4.1 is added to read as follows:

Section 106.4.1 Licenses required. No person who is not a licensed by St. Louis County Department of Public Works as a Master Plumber or a licensed Journeyman Plumber or a Registered Plumber or a Registered Plumber Apprentice working under the direction of a licensed Master Plumber shall engage in or perform the work of installing, altering or repairing facilities in a building for the supply and distribution of water for ordinary drinking, culinary and domestic purposes of facilities or for the removal therefrom of waterborne wastes. No person who is not a licensed by St. Louis County Department of Public Works as a Master or Journeyman Drainlayer shall engage in or perform the work of installing sanitary or storm sewer.

SECTION 109 FEES

Section 109.3 is amended to read as follows:

Section 109.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual total permit fee in addition to the required permit fees.

SECTION 113 MEANS OF APPEALS

Section 113.1 is amended to read as follows:

SECTION 114 BOARD OF APPEALS

Section 114.1 is amended to read as follows:

2. Registered design professional with structural engineering or architectural experience.

SECTION 115 VIOLATIONS

Section 115.4 is amended to read as follows:

Section 115.4 Violation Penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

SECTION 116 STOP WORK ORDER

Section 116.4 is added to read as follows:

SECTION 305 PROTECTION OF PIPES AND PLUMBING SYSTEM COMPONENTS

Section 305.4.1 is amended to read as follows:

Section 305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed below finished grade at the point of septic tank connection not less than the depths stipulated the St. Louis Metropolitan Sewer District (MSD) Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities (February 1, 2018). Building sewers shall be installed below grade not less than the depths stipulated the St. Louis Metropolitan Sewer District (MSD) Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities (February 1, 2018).

SECTION 903 VENTS

Section 903.1 is amended to read as follows:

Section 903.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any other purpose other than weather protection, the vent extensions shall be run at least seven (7) feet (2,134 mm) above the roof.

Part IV. 2021 International Residential Code.

SECTION R101 SCOPE AND ADMINISTRATION

Section R101.1 is amended to read as follows:

Section R101.1 Title. These provisions shall be known as "the Residential Code for One- and Two-Family Dwellings of the City of Clayton" and shall be cited as such and will be referred to herein as "this code."

SECTION R102 APPLICABILITY

Section R102.2.1 is added to read as follows:

Section R102.2.1 Amendments to International Building Code. The following sections of the 2021 International Building Code, as amended by the City of Clayton, shall be considered part of this code: Sections 2703.1, 3301.3, 3303.1.1 and 3306.0.

SECTION 103 DEPARTMENT OF BUILDING SAFETY

Section 103.1 is amended to read as follows:

SECTION R105 PERMITS

Section R105.2 is amended to read as follows:

Section R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning ordinance, or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the gross floor area does not exceed fifty (50) square feet.

2. Retaining walls which are not over four (4) feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. All front yard retaining walls are required to be approved by the City's Architectural Review Board.

4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

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

6. Prefabricated swimming pools that are less than twenty-four (24) inches (610 mml) deep.

7. Swings and other playground equipment located in the rear yard and that are accessory to detached one- and two-family dwellings.

Electrical:

1. Repairs and maintenance. A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Gas:

1. Portable heating, cooking or clothes drying appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part which does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

SECTION R108 FEES

Section R108.6 is amended to read as follows:

Section R108.6 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual total permit fee in addition to the required permit fees.

SECTION R112 BOARD OF APPEAL

Section R112.1.1 is added to read as follows:

Section R112.1.1 Application for Appeal. Any person shall have the right to appeal to the Board of Appeals from a decision of the Code Official. An application and fee must be filed with the City Clerk. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction is to be used. Decision of the Board of Appeals shall be binding on the Code or other Official involved in the appeal.

Section R112.3 is amended to read as follows:

Section R112.3 Qualifications. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

2. Registered design professional with structural engineering or architectural experience.

SECTION R113 VIOLATIONS

Section R113.4 is amended to read as follows:

Section R113.4 Violation penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

SECTION R114 STOP WORK ORDER

Section R114.4 is amended to read as follows:

Section R114.5 Failure to comply. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances and as defined in Section 113.4 of this code.

SECTION R301 DESIGN DATA

Table R301.2(1) is amended to read as follows:[2]

SECTION R112 GUARDS AND WINDOW FALL PROTECTION

Section R312.1.1.1 is added to read as follows:

Section R312.1.1.1 Retaining walls. Guards shall be provided where retaining walls with differences in grade level on either side of the wall in excess of thirty (30) inches are located closer than two (2) feet to a walk, path, parking lot or driveway on the high side of the retaining wall.

SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS

Section R313.2 is amended to read as follows:

R313.2 One- and two-family dwellings automatic fire systems. Any builder of one- and two-family dwellings or townhouses shall offer to any purchaser the option to install or equip such dwellings or residences with a fire sprinkler system at the purchaser's cost in accord with the requirements of Section 67.281.1, RSMo., August 28, 2016.

SECTION R331 FENCES, WALLS AND SCREENS

Section R331 and Section R331.1 is added to read as follows:

Section R331 Fences, walls and screens. It shall be unlawful to erect any division, fence or screen, in whole or in part, of cloth, canvas or similar material, nor shall any solid division fence or screen of approved material exceeding six (6) feet be erected except a solid fence of up to eight (8) feet may be erected in a residential rear yard which is immediately adjacent to a commercial district; provided, however, a wooden or metal fence or screen not exceeding ten (10) feet in height may be erected in non-residential areas and eight (8) feet in residential areas if such fence or screen is penetrated with openings at regular intervals or latticed so that the combined area of the openings shall be at least fifty percent (50%) of the actual surface of such fence or screen. No division fence, fence wall or screen, no matter how built or of what material constructed, shall exceed ten (10) feet in height unless approved by the Architectural Review Board.

Section R331.1 Fences general. The finished side of fences shall face all neighboring properties, including streets and alleys, unless written approval from all affected property owners is submitted waiving this requirement.

RESIDENTIAL MECHANICAL

SECTION M1401 GENERAL

Section M1401.1.4 is added to read as follows:

Section M1401.4.1 Location. Mechanical equipment, air-conditioning condensing units, pool pumps, geothermal borings and/or piping and other mechanical appliances and equipment located outdoors shall be a minimum of five (5) feet zero (0) inches from any side or rear yard property line. Equipment shall be properly screened as approved by the Architectural Review Board or the Code Official.

SECTION M1503 DOMESTIC COOKING EXHAUST EQUIPMENT

Section M1503.6 is amended to read as follows:

M1503.6 Makeup air required. Exhaust hood systems capable of exhausting in excess of six hundred (600) cubic feet per minute shall be provided with makeup air at a rate approximately equal to the exhaust air rate. Such makeup air systems shall be equipped with a means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system.

SECTION M1601 DUCT CONSTRUCTION

Section M1601.1.1 is amended to read as follows:

M1601.1.1 Above-ground duct systems.

Above ground duct systems shall conform to the following:

1. Equipment connected to duct systems shall be designed to limit discharge air temperature to not greater than 250° F. (121° C.).

2. Factory-made ducts shall be listed and labeled in accordance with UL 181 and installed in accordance with the manufacturer's instructions.

3. Fibrous glass duct construction shall conform to the SMACNA Fibrous Glass Duct Construction Standards or NAIMA Fibrous Glass Duct Construction Standards.

4. Field-fabricated and shop-fabricated metal and flexible duct constructions shall conform to the SMACNA HVAC Duct Construction Standards — Metal and Flexible except as allowed by Table M1601.1.1. Galvanized steel shall conform to ASTM A 653.

5. The use of gypsum products to construct return air ducts or plenums is permitted, provided that the air temperature does not exceed 125° F. (52° C.) and exposed surfaces are not subject to condensation.

6. Duct systems shall be constructed of materials having a flame spread index of not greater than 200.

7. Stud wall cavities and the spaces between solid floor joists to be used as air plenums shall consist of ducts constructed of materials as indicated in Items 2 through 5 above.

8. Volume dampers, equipment and other means of supply, return and exhaust air adjustment used in system balancing shall be provided with access.

RESIDENTIAL PLUMBING

SECTION P2602 INDIVIDUAL WATER SUPPLY AND STORAGE

Section P2602.1.1 is added to read as follows:

P2602.1.1 Combined sanitary drainage piping. Sanitary drainage piping serving a property that connects directly to a separate property's sanitary drainage piping shall be made separate.

SECTION P3302 SUBSOIL DRAINS

Section P3302.1.1 is added to read as follows:

P3302.1.1 Discharge termination. Subsoil drains, sumps, dry wells and other storm water collection means shall not have a point of discharge terminating closer than ten (10) feet to a property line.

[2]

Editor's Note: Table R301.2(1) is included as an attachment to this Chapter.

Part V. 2021 International Fuel Gas Code.

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as "the Fuel Gas Code of the City of Clayton, Missouri," hereinafter referred to as "this code."

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 is amended to read as follows:

SECTION 109 FEES

Section 109.4 is amended to read as follows:

SECTION 113 MEANS OF APPEALS

Section 113.1 is amended to read as follows:

SECTION 114 BOARD OF APPEALS

Section 114.1 is amended to read as follows:

2. Registered design professional with structural engineering or architectural experience.

SECTION 115 VIOLATIONS

Section 115.4 is amended to read as follows:

SECTION 116 STOP WORK ORDER

Section 116.4 is amended to read as follows:

Section 116.4 Stop work order. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances as defined in Section 115.4.

Part VI. 2021 International Energy Conservation Code.

SECTION C101 SCOPE AND GENERAL REQUIREMENTS

Section C101.1 is amended to read as follows:

Section C101.1 Title. This code shall be known as "the International Energy Conservation Code of the City of Clayton, Missouri," and shall be cited as such. It is referred to herein as "this code."

SECTION C104 FEES

Section C104.3 is amended to read as follows:

Section C104.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual total permit fee in addition to the required permit fees.

SECTION C109 STOP WORK ORDER

Section C109.4 is amended to read as follows:

Section C109.4 Stop work order. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances as defined in Section C111.4.

SECTION C110 MEANS OF APPEALS

Section C110.3 is amended to read as follows:

Section C110.3 Qualifications. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

2. Registered design professional with structural engineering or architectural experience.

SECTION C111 VIOLATIONS

Sections C111 through C111.4 are added to read as follows:

Section C111.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

Section C111.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

Section C111.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

Section C111.4 Violation penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

SECTION R101 SCOPE AND GENERAL REQUIREMENTS

Section R101.1 is amended to read as follows:

Section R101.1 Title. This code shall be known as "the International Energy Conservation Code of the City of Clayton, Missouri," and shall be cited as such. It is referred to herein as "this code."

SECTION R104 FEES

Section R104.3 is amended to read as follows:

Section R104.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual total permit fee in addition to the required permit fees.

SECTION R109 STOP WORK ORDER

Section R109.4 is amended to read as follows:

Section R109.4 Stop work order. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances as defined in Section R111.4.

SECTION C110 MEANS OF APPEALS

Section R110.3 is amended to read as follows:

Section R110.3 Qualifications. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

2. Registered design professional with structural engineering or architectural experience.

SECTION R111 VIOLATIONS

Sections R111 through R111.4 are added to read as follows:

Section R111.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

Section R111.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

Section R111.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

Section R111.4 Violation penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

Part VII. 2021 International Existing Building Code.

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

Section 101.1 is amended to read as follows:

Section 101.1 Title. This code shall be known as "the International Existing Building Code of the City of Clayton, Missouri," and shall be cited as such. It is referred to herein as "this code."

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 is amended to read as follows:

Section 103.1 Creation of agency. The Department of Planning and Development, Building Division, is hereby created and the official in charge thereof shall be known as "the building official." The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

SECTION 108 FEES

Section 108.4 is amended to read as follows:

Section 108.4 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual total permit fee in addition to the required permit fees.

SECTION 112 MEANS OF APPEALS

Section 112.1 is amended to read as follows:

Section 112.1 Application for appeal. Any person shall have the right to appeal to the Board of Appeals from a decision of the Code Official. An application and fee must be filed with the City Clerk. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction is to be used. Decision of the Board of Appeals shall be binding on the Code or other Official involved in the appeal.

Section 112.3 is amended to read as follows:

Section 112.3 Qualifications. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

2. Registered design professional with structural engineering or architectural experience.

SECTION 113 VIOLATIONS

Section 113.4 is amended to read as follows:

Section 113.4 Violation Penalties. Any person, firm, corporation, limited-liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by statute.

SECTION 114 STOP WORK ORDER

Section 114.4 is amended to read as follows:

Section 114.4 Stop work order. Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as is directed by the Code Official to remove a violation or unsafe conditions, shall be liable to punishment as provided in Section 100.110 of the Code of Ordinances as defined in Section 113.4.

SECTION 1301 APPLICABILITY

Section 1301.2 is amended to read as follows:

Section 1301.2 Applicability. Structures existing prior to the effective date of this Section, in which there is work involving additions, alterations or changes in occupancy shall be made to conform to the requirements of this Chapter or the provisions of Chapter 6 through 12. The provisions of Sections 1301.2.1 through 1301.2.6 shall apply to existing occupancies that will continue to be, or are proposed to be, Groups A, B, E, F, I-2, M, R and S. These provisions shall not apply to buildings with occupancies in Group H, or I-1, I-3 or I-4.

Part VIII. 2021 International Swimming Pool and Spa Code.

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

Section 101.1 is amended to read as follows:

Section 101.1 Title. This code shall be known as "the International Existing Building Code of the City of Clayton, Missouri," and shall be cited as such. It is referred to herein as "this code."

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 is amended to read as follows:

SECTION 108 FEES

Section 108.4 is amended to read as follows:

SECTION 110 INSPECTIONS

Section 110.4.1 is added to read as follows:

Section 110.4.1 Public facilities. The Saint Louis County Department of Public Health approval for all public pools, spas and water-themed recreational facilities.

SECTION 111 MEANS OF APPEALS

Section 111.1 is amended to read as follows:

Section 111.1 Application for appeal. Any person shall have the right to appeal to the Board of Appeals from a decision of the Code Official. An application and fee must be filed with the City Clerk. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction is to be used. Decision of the Board of Appeals shall be binding on the Code or other official involved in the appeal.

Section 111.3 is amended to read as follows:

Section 111.3 Qualifications. The Board of Appeals shall consist of five (5) individuals from the following professions or disciplines listed below. One (1) member should be from each of the professions or disciplines.

2. Registered design professional with structural engineering or architectural experience.

SECTION 113 VIOLATIONS

Section 113.4 is amended to read as follows:

SECTION 114 STOP WORK ORDER

Section 114.4 is amended to read as follows:

SECTION 202 DEFINITIONS

Section 202 is amended to add the following definition:

Manufactured Pool or Spa. A listed pool or spa that is manufactured then transported to the installation site and installed or assembled.

SECTION 307 GENERAL DESIGN

Section 307.2.2 is amended to add the following definition:

Section 307.2.2 Materials and structural design. Pools and spas shall conform to one (1) or more of the standards indicated in Table 307.2.2. The structural design of pools shall be in accordance with the International Building Code and shall be performed by a Missouri-licensed design professional.

Section 500.030 Electrical Code Adoption.

[Ord. No. 6131 § 1, 12-14-2010]

The Saint Louis County Electrical Code as amended by the County of Saint Louis, Missouri, through date of the last amendatory ordinances, to wit: County Ordinance 24,439 approved on July 14, 2010, is hereby adopted as the Electrical Code of the City of Clayton, Missouri, as if fully set out herein, with the exception of the first (1st) paragraph of Section 80-17(C) regarding the penalty for violation.

The first (1st) paragraph of Section 80-17(C) is hereby amended to read as follows: Any person, firm, corporation, limited liability company or other business entity who shall violate any provision of this code, or any owner or tenant of the building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by Statute.

Section 500.040 Property Maintenance Code — Adoption — Additions, Insertions, Deletions and Changes.

[CC 1970 §§ 14-1—14-2; Ord. No. 5430 § 1, 5-26-1998; Ord. No. 5656 § 1, 10-9-2001; Ord. No. 6031 § 1, 8-26-2008; Ord. No. 6137 § 1, 1-25-2011; Ord. No. 6308 §1, 3-11-2014; Ord. No. 6397 §1, 10-13-2015; Ord. No. 6802, 1-24-2023]

Adoption. The 2015 International Property Maintenance Code, First Edition, as published by the International Code Council, a copy of which is on file in the office of the City Clerk, is hereby adopted as the Property Maintenance Code of the City of Clayton, Missouri, for the control of existing structures, premises and exterior property as herein provided, and all of the regulations, provisions, penalties, conditions and the terms of the International Property Maintenance Code, First Edition, 2015, are hereby referred to, adopted and made a part hereof, as if fully set out in this Section with the amendments, additions, insertions and deletions prescribed in Subsection (B) of this Section.

Additions, Insertions, Deletions And Changes. The following numbered Sections and Subsections of the International Property Maintenance Code, First Edition, 2015, are hereby amended by additions, insertions, deletions and changes so that such amended Sections and Subsections shall read as follows:

Chapter 1. ADMINISTRATION

SECTION 101 GENERAL

Section 101.1 is amended to read as follows:

Section 101.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Clayton, Missouri, hereinafter referred to as "this Code."

SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION

Section 103.5 is amended to read as follows:

Section 103.5 Fees: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be in accordance with the fee schedule as established by the City of Clayton, Missouri.

SECTION 106 VIOLATIONS

Section 106.3 is amended to read as follows:

Section 106.3 Prosecution: In case of any unlawful acts or failure to comply with a violation notice, the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in Section 106.4. Also, the Code Official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

1. To restrain, correct or remove the violation or refrain from any further execution of work;

2. To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;

3. To require the removal of work in violation; or

4. To prevent the occupancy or use of the structure which is not in compliance with the provisions of this code.

Section 106.4 is amended to read as follows:

Section 106.4 Penalty: Any person, firm or corporation who shall violate any provisions of this Code shall, upon conviction thereof, be subject to a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

SECTION 107 NOTICES AND ORDERS

Section 107.2 is amended to read as follows:

Section 107.2 Form: Such notice prescribed in Section 107.1 shall:

1. Be in writing or by personal contact with the owner/operator;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the violation(s) or reason(s) why the notice is being issued; and

4. Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.

Section 107.3 is amended to read as follows:

Section 107.3 Method of Service: Such notice shall be deemed to be properly served if a copy thereof is:

1. Delivered to the owner personally by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof.

2. By certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned by 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.

Section 107.5 is amended to read as follows:

Section 107.5 Transfer of Ownership: It shall be unlawful for the owner of any multi-family unit or rental structure containing three (3) or more units to sell, transfer, mortgage, lease or otherwise dispose of to another unless the owner or designated representative has notified the City of Clayton at least thirty (30) days in advance, received an inspection report and compliance order or notice of violation and have complied with the same or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition including the responsibility to submit a work schedule and receive approval from the City of Clayton for making the corrections or repairs required by such compliance order or notice of violation.

It shall also be unlawful for the owner of any rental building containing two (2) or more units to convert from a rental building to a condominium unless the owner, or designated representative has applied to the City of Clayton and provided all required documentation for approval of the condominium conversion, received an inspection and compliance order or notice of violation and has complied with the same. Newly constructed condominium structures must apply to the City for condominium approval from the Board of Aldermen, provide the required documentation, and secure the concurrence of the Department of Planning and Development Services that the construction is progressing according to all submitted plans and all applicable codes.

SECTION 109 EMERGENCY MEASURES

Section 109.6 Hearing: Deleted without substitution

SECTION 110 DEMOLITION

Section 110.1 is amended to read as follows:

Section 110.1 General: Any structure which is found to be detrimental to the health, safety and welfare of the residents of the City of Clayton, Missouri, and which is declared to be a nuisance by the Code Official shall be vacated and demolished or repaired in strict conformance with this and all referenced codes in the time frame set forth in the notice or as agreed upon by the Code Official.

Section 110.2.1 is added to read as follows:

Section 110.2.1 Service: The notice of declaration of nuisance shall be served on the affected parties, consisting of owner, occupants, lessee, mortgagee, agent and all persons having an interest in the property, all as shown by the records of the St. Louis County Recorder of Deeds Office. The notice shall be served personally or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by at least one (1) publication in the St. Louis Post Dispatch. The affected parties shall have not less than thirty (30) days from the date of service to complete demolition or to begin the repairs.

Section 110.2.2 is added to read as follows:

Section 110.2.2 Notice of Hearing: If the affected parties fail to commence work on repairs or complete demolition within the time specified, or fail to proceed continuously with the work without unnecessary delay, the Director of the Department of Planning and Development Services shall call a hearing upon the matter, giving the affected parties twenty-one (21) days' written notice of the hearing. Said notice must be served personally or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by at least one (1) publication in the St. Louis Post Dispatch.

Section 110.3 is amended to read as follows:

Section 110.3 Hearing: The Director of Planning or his/her authorized representative shall conduct a full and adequate hearing. Any affected party may be represented by counsel and all affected parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the structure is a nuisance and detrimental to the health, safety or welfare of the residents of the City of Clayton, Missouri, the Director of the Department of Planning and Development Services shall issue a post-hearing order making specific findings of facts, based on competent and substantial evidence and order the structure to be demolished and removed, or repaired. The post-hearing order shall be served in the same manner as the notice of declaration of nuisance and pre-hearing order. The post-hearing order shall contain a date certain for completion of the required action.

Section 110.3.4 is added to read as follows:

Section 110.3.4 Upon Failure to Obey Post-Hearing Order. If any post-hearing order of the Director of the Department of Planning is not obeyed within thirty (30) days after its issuance, and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this code within thirty (30) days after issuance of any such order, the Director of the Department of Planning shall cause such structure to be vacated and repaired or demolished as provided in the post-hearing order. The Director of Planning shall certify the cost for such action, including all administrative costs, to the Director of Finance, who shall cause a special tax bill against the property to be prepared, filed and collected. Said tax bill shall be a lien upon said property, said lien shall bear interest at the rate set by the Missouri Division of Finance on the date the lien is filed.

Section 110.4 is amended to read as follows:

Section 110.4 Salvage Materials: When any structure has been ordered razed and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale of transaction, including the items of expense and the amounts deducted, for the use of the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

SECTION 111 MEANS OF APPEAL

Section 111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal within thirty (30) days to the Director of Planning and Development Services. Every effort will be made by the Director, to give the matter a proper airing utilizing appropriate inspection staff. An appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

Sections 111.2 through 111.8 are deleted without substitution.

SECTION 112 STOP WORK ORDER

Section 112.4 is amended to read as follows:

Section 112.4 Failure to Comply: Penalties for non-compliance with the stop work order shall be as set forth in Section 106.4.

SECTION 113 OCCUPANCY PERMITS

Section 113.1 is added to read as follows:

Section 113.1 Occupancy Permits and Transfer of Ownership: It shall be unlawful for any owner or operator of a, (a) two-family dwelling, or (b) multi-family rental building, or (c) multi-family condominium building or unit, or (d) single family dwellings to let to another for occupancy or for any person to occupy any dwelling unit subject to the Occupancy Permit Program unless the exterior, common areas and dwelling unit of the building have been inspected by the Code Official and it has been determined that it is in compliance with all the provisions of this code, and a permit has been issued to said owner or operator for the dwelling unit which will allow the prospective tenant family to legally occupy said dwelling unit. No tenant shall move in or occupy any dwelling unit without the knowledge or approval of the owner and the receipt of an occupancy permit for the unit. Occupancy permits shall remain valid until the occupancy of the unit(s) changes or the permit otherwise expires.

Any occupancy permit properly issued will terminate:

1. Upon vacation of the dwelling unit by a tenant.

2. After five (5) years from the date of issuance of an occupancy permit, at which time the unit must be reinspected and deficiencies corrected.

Section 113.2 is added to read as follows:

Section 113.2 Conditions for Issuance of Occupancy Permit:

1. Upon request of the owner or operator of a building subject to the Occupancy Permit Program and payment of the inspection fee, the Code Official shall inspect the exterior, common areas and dwelling unit(s) at a time agreed upon between the Code Official and the owner or operator.

If such inspection establishes that the building and dwelling unit(s) is in compliance with the code, the Code Official shall authorize the issuance of an occupancy permit.

2. If the exterior, common areas and dwelling unit(s) are not in full compliance with this code, the Code Official shall furnish the owner/operator with a written list of violations that must be corrected before an occupancy permit can be issued and the dwelling unit occupied. When advised by the owner/operator that the violations are corrected and upon payment of any required reinspection fee, the exterior, common areas and dwelling unit(s) shall be reinspected by the Code Official and if found to be in full compliance with this code, the occupancy permit shall be issued and the unit may be occupied.

3. Fees for occupancy permits and inspections shall be paid as provided for in accordance with the fee schedule as established by the City of Clayton, Missouri.

The provision for a higher fee does not release the owner from responsibility to follow all the provisions of the code for compliance related to the issuance of an occupancy permit.

Section 113.3 is added to read as follows:

Section 113.3 Occupancy Permits, Non-Residential Structures: It shall be unlawful for any person, owner or operator to occupy or use or to permit occupancy or use of any premises for any purpose until a certificate of occupancy has been issued by the Code Official.

No such certificate shall be issued unless said premises has been inspected by the Code Official and the premises is in compliance with this code and all zoning regulations.

Section 113.3.1 is added to read as follows:

Section 113.3.1 Fees: Fees for occupancy permits and inspections shall be paid as provided for in accordance with the fee schedule as established by the City of Clayton, Missouri.

Section 113.3.2 is added to read as follows:

Section 113.3.2 Revocation of Permit: Any occupancy permit issued shall become invalid after ninety (90) days if the premises are not occupied during that time by the authorized tenant, nor shall any occupancy permit be issued for any premises if more than ninety (90) days has elapsed since the date of inspection.

Chapter 2. DEFINITIONS

SECTION 201 GENERAL

Section 201.3 is amended to read as follows:

Section 201.3 Terms Defined In Other Codes: Where terms are not defined in this Chapter and are defined in the City of Clayton Zoning Ordinance and the International Codes listed in Chapter 8, they shall have the same meanings ascribed to them as in those codes.

SECTION 202 GENERAL DEFINITIONS

Definitions are added to read as follows:

One-family dwelling: A building containing one dwelling unit.

Two-family dwelling: A building containing two dwelling units.

Multi-family condominium building: A building containing three (3) or more dwelling units that has been legally converted to condominium according to Missouri State Law and where units are individually owned and all land, property, structures, improvements contained therein or thereon are for the mutual use and benefit of the unit owners.

Multi-family rental building: A building containing three (3) or more dwelling units which are let for rent/lease or other consideration and where the units are not owned individually or as part of a cooperative.

Family: Per City of Clayton Zoning Ordinance definition.

Graffiti: Markings, drawings or other visual depictions, either graphic or written, placed upon any exterior surface, including, but not limited to, building, window, retaining wall, fence, trash containers, accessory building or driveway.

Chapter 3. GENERAL REQUIREMENTS

SECTION 302 EXTERIOR PROPERTY AREAS

Section 302.2 is amended to read as follows:

Section 302.3 Sidewalks and Driveways: The owner is responsible to keep all sidewalks, walkways, stairs, driveways, parking spaces and similar areas in a proper state of repair, and maintained free from hazardous conditions. Stairs shall also comply with the requirements of Section 304.10.

Section 302.4 is amended to read as follows:

Section 302.4 Weeds: All premises and exterior property shall be maintained free from weeds in excess of six (6) inches (152.4mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

Section 302.4.1 is added to read as follows:

Section 302.4.1 Landscaping: Lawn areas and landscaping shall be properly maintained by the owner. Plants and grass that have deteriorated or died shall be replaced and additional planting shall be provided if required by the Code Official. Screening or additional planting around refuse containers may also be required to assure the desirable residential character of the premises. The premises and exterior property shall be maintained free from grass and weeds in excess of six (6) inches.

Section 302.4.2 is added to read as follows:

Section 302.4.2 Tree Maintenance and Removal: The maintenance, upon private property, of dead or dying trees or tree limbs or branches which, by reason of their location, size or state of deterioration, constitute a danger to the public health, safety or welfare, or the maintenance upon private property of trees which are infected with Dutch Elm or other contagious disease or blight, dangerous to persons, animals, other trees or plant life, is declared to be a nuisance and must be removed. Tree stumps shall be removed to grade level and completely ground to blend into the surrounding yard.

Section 302.7 is amended to read as follows:

Section 302.7 Accessory Structures and Parking Areas: All accessory structures, including detached garages, underground garages, fences and walls shall be maintained in structurally sound condition and in good repair. All parking areas and portions of yards of multiple dwellings used for parking permitted by the Zoning Ordinance shall be surfaced with two (2) inches of asphaltic concrete over a six (6) inch rock base or not less than five (5) inches of concrete.

Section 302.7.1 is added to read as follows:

Section 302.7.1 Underground Garages: Underground garages should be waterproof so as to prevent deterioration of structural member and/or a nuisance to parked vehicles.

Section 302.8 is amended to read as follows:

Section 302.8 Motor Vehicles and Parking Areas: Parking areas and garages shall be used only for the parking of private tenant automobiles which have current license plates and are in working condition. No vehicle(s) shall be stored in a garage, carport or other parking area in excess of thirty (30) days unless unusual circumstances warrant such storage and written permission is given by the Code Official for a longer period.

Section 302.9 is amended to read as follows:

Section 302.9 Graffiti and Defacement of Property: No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

SECTION 304 EXTERIOR STRUCTURE

Section 304.1 is amended to read as follows:

Section 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. General repairs shall be made in a workmanlike manner using identical or, if not available, similar material as the original installation.

Section 304.3.1 is added to read as follows:

Section 304.3.1 Buildings with Rear Alleys: Buildings shall have approved numbers placed at the rear of the property so as to be visible from the alley.

Section 304.10 is amended to read as follows:

Section 304.10 Stairways, Decks, Porches, Balconies and other Walking Surfaces: Every stair, ramp, balcony, porch, deck or other walking surface, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. Every stair shall have uniform risers and treads with nonskid surfaces. Every stair, porch, or fire escape shall be maintained free of hazardous conditions such as snow, ice, mud and debris. No stairs or fire escape shall be blocked by any material at any time.

Section 304.13 is amended to read as follows:

Section 304.13 Windows, Skylights, Doors and Door Frames: Every window, skylight, door and door frame shall be kept in sound condition, good repair and weather tight. Window frames must be solid without evidence of rust, rot or decay and must be capable of tightly securing the window. Every operable window must be supplied with window hardware including locks. If more than sixty percent (60%) of the windows in a unit or structure are in violation of the code and, in the opinion of the Code Official, must be replaced due to age or condition, then the owner shall replace all windows within that unit/structure.

Section 304.13.1 is amended to read as follows:

Section 304.13.1 Window Glazing: Window glazing shall be maintained free of cracks or holes and must also be clean and kept free of mud, dirt and other matter that reduces visibility.

Section 304.14 is amended to read as follows:

Section 304.14 Insect Screens: Every door, window (other than windows designed to be fixed) and other outside opening serving any building containing habitable dwelling units or rooms, food preparation areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch and every swinging door shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Section 304.16 is amended to read as follows:

Section 304.16 Basements Hatchways: Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. No water is to remain standing. Water must be drained completely.

SECTION 305 INTERIOR STRUCTURE

Section 305.4 is amended to read as follows:

Section 305.4 Walking Surfaces: All interior stairs and railings shall be maintained in good repair, structurally sound and in a sanitary condition. No interior stairway or landing may be blocked by any material at any time.

Section 305.7 is added to read as follows:

Section 305.7 Hallways and Common Areas: The interior hallways, stairwells, laundry rooms, basements and other common areas in all multi-family buildings must be kept in a clean and sanitary manner. Circulars, newspapers and like materials must not litter the hallways. Chipped, peeling or feded flooring must be repaired or replaced.

Section 305.7.1 is added to read as follows:

Section 305.7.1 Owner/Operator Contact: Every multi-family rental building containing three (3) or more units shall have posted in a conspicuous location in the common area of the building, the name and telephone number of the owner, operator, or maintenance personnel who can be reached in case of emergency or in the event of building related problems. Such information must be valid for weekends, after hours and holidays as well as regular working hours. All owners/operators residing outside St. Louis County must register with the City of Clayton a local agent who has been designated, in writing, by the owner to receive service of legal action.

Section 305.8 is added to read as follows:

Section 305.8 Basement and Storage Facilities: The basement and storage facility of any multi-family building must be kept clean, sanitary and free of debris; storage must be contained in the bins or like facility designated for that use, where such storage facilities exist. If no such storage facilities exist, storage must be neatly stacked at least three (3) feet from any mechanical equipment for non-combustible items and at least ten (10) feet from any mechanical equipment for combustible items. At least a ten (10) foot clear passage to the door(s) must be provided. No volatile materials should be stored in the basement or other common areas.

SECTION 307 HANDRAILS AND GUARDRAILS

Section 307.1.1 is added to read as follows:

Section 307.1.1 Returns: During building alterations or the modification of existing handrails, said handrails shall be modified to return into the wall in such a way that an article of clothing or items cannot be caught on a protruding handrail.

SECTION 308 RUBBISH AND GARBAGE

Section 308.3.3 is added to read as follows:

Section 308.3.3 Recycling Container: The owner of every occupied premise(s) shall provide adequate City of Clayton approved recycling containers for the use by the occupants.

Chapter 4. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

SECTION 402 LIGHT

Section 402.2 is amended to read as follows:

Section 402.2 Common Halls, Stairways and Entrance Doors: Every common hall and stairway in residential occupancies, other than one- and two-family dwellings, shall be illuminated at all times with at least a sixty-watt standard incandescent light bulb for each two hundred (200) square feet (19m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet (9144mm). Every exterior entrance door to a multi-family building must be lighted with a minimum sixty-watt standard incandescent light bulb over the entrance doorway. In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space server by the means of egress is occupied with a minimum of one (1) foot-candle (11 lux) at floors, landings and treads.

SECTION 404 OCCUPANCY LIMITATIONS

Section 404.5 is amended to read as follows:

Section 404.5 Overcrowding: Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy requirements of Table 404.5 nor more than maximum number of occupants per bedroom(s) as provided for in Section 404.4.1. No dwelling unit shall be occupied by more than one (1) family as defined in the Zoning Ordinance.

Chapter 6. MECHANICAL AND ELECTRICAL REQUIREMENTS

SECTION 602 HEATING FACILITIES

Section 602.2 is amended to read as follows:

Section 602.2 Residential Buildings: Every dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (68° F) at a level of three (3) feet (914 mm) above the floor and a distance of three (3) feet (914 mm) from the exterior walls in all habitable rooms, bathrooms and toilet rooms.

Section 602.3 is amended to read as follows:

Section 602.3 Heating Supply: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to April 30 to maintain a room temperature of not less than sixty-eight degrees Fahrenheit (68° F) in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 A.M. and 10:30 P.M. of each day and not less than sixty-five degrees Fahrenheit (65° F) during other hours.

Section 602.4 is amended to read as follows:

Section 602.4 Occupiable Work Spaces: Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to April 30 to maintain a temperature of not less than sixty-eight degrees Fahrenheit (68° F) during working hours.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activity.

SECTION 603 MECHANICAL EQUIPMENT

Section 603.1 is amended to read as follows:

Section 603.1 Mechanical Appliances: All mechanical appliances, fireplaces, solid fuel burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Window air conditioners shall be installed with proper air conditioner brackets.

SECTION 604 ELECTRICAL FACILITIES

Section 604.2 is amended to read as follows:

Section 604.2 Service: Every dwelling unit shall be served by a main service that is not less than sixty (60) ampere, three (3) wires. Fuse protection shall be circuit breaker or type "S" safety fusing.

SECTION 605 ELECTRICAL EQUIPMENT

Section 605.2 is amended to read as follows:

Section 605.2 Receptacles: Every habitable space in a dwelling unit shall contain at least two (2) separate and remote receptacle outlets. Every laundry, basement, crawl space, wet bar sink and garage that contains a receptacle(s), that/those outlet(s) must be grounded. New outlet installations must be ground fault interrupter units. Every bathroom and kitchen shall contain at least one (1) receptacle and such outlet or outlets shall be approved ground fault interrupter units.

Chapter 7. FIRE SAFETY REQUIREMENTS

SECTION 702 MEANS OF EGRESS

Section 702.5 is added to read as follows:

Section 702.5 Corridor Enclosure: All corridors serving an occupant load of greater than thirty (30) and openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.

Exceptions:

1. Louvers or grills for the movement of conditioned air shall be permitted in exit access corridor enclosure walls or doors provided an approved smoke detection system is installed in the corridor. The smoke detection system shall sound an audible alarm in the building and automatically shut off all mechanical air handling equipment. This exception shall not apply to openings into shaft or exit stairway enclosures.

SECTION 703 FIRE RESISTANCE RATINGS

Section 703.2 is amended to read as follows:

Section 703.2 Opening Protectives: All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold-open devices. Fire doors shall include an attached door closer so that the door cannot be left in an open position. Fire and smoke barriers shall not be blocked or obstructed or otherwise made inoperable.

Section 500.050 Mechanical Code Adoption.

[Ord. No. 6132 § 1, 12-14-2010]

The Saint Louis County Mechanical Code as amended by the County of Saint Louis, Missouri, through date of the last amendatory ordinances, to wit: County Ordinance 24,438 approved on July 14, 2010, is hereby adopted as the Mechanical Code of the City of Clayton, Missouri, as it applies to amusement devices, as if fully set out herein, with the exception of the first (1st) paragraph of Section 108.4 regarding the penalty for violation.

Section 108.4 is hereby amended to read as follows: Any person, firm, corporation, limited liability company or other business entity who shall violate any provision of this code, or who shall fail to comply with any of the requirements thereof, or who shall install, erect, construct, alter or repair mechanical equipment or systems in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, or shall start any work requiring a permit without first obtaining a permit therefore, or who shall continue any work in or about a structure after having been served a stop work order, except for such work which that person, firm or corporation has been directed to perform to remove a violation or unsafe conditions, or any owner or tenant of a building or premises or any other person who commits, takes part or assists in any violation of this code or maintains any building, structure or premises in which such violation shall exist shall be guilty of an ordinance violation and subject to punishment by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. This provision shall not apply to any Section of this code or to any ordinance in which there is expressly provided a penalty for its violation, or for any offense the penalty for the violation of which is fixed by Statute.

Section 500.060 Methamphetamine Contamination Abatement.

[Ord. No. 6246 § 1, 11-27-2012]

Title. This Section is entitled and may be known as "The Methamphetamine Contamination Abatement Protocol".

Purpose. The purposes of this Section are:

To adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the presence or production of methamphetamine; and

To establish protocols whereby the building safety personnel may cooperate with and rely on law enforcement and emergency agencies when applying property maintenance and safety standards to order or cause the abatement of contamination in structures due to the presence or production of methamphetamine.

Definitions. For purposes of this Section, the words or terms listed below are defined as follows:

DEPARTMENT

The Department of Planning and Development Services of the City of Clayton.

METHAMPHETAMINE

Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.

QUALIFIED COMPANY OR QUALIFIED CONTRACTOR

A company or contractor that tests structures for the presence of unsafe contamination and/or abates such unsafe contamination and that:

Complies with the guidelines of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009);

Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 Code of Federal Regulations Section 1910.120;

Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910]; and

Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to a regional drug task force and/or the department.

UNSAFE CONTAMINATION

The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection (D) below.

Unsafe Contamination. A structure will be considered unsafe for purposes of the Property Maintenance Code of the City of Clayton if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below established by the National Institute for Occupational Safety and Health (NIOSH):

Red Phosphorus—any amount.

Iodine Crystals C0.1 ppm (1 mg/m3).

Sulfuric Acid TWA 1 mg/m3.

Hydrogen Chloride C 5 ppm (7 mg/m3).

Hydrochloric Acid (Hcl gas) - C 5 ppm (7 mg/m3).

Methamphetamine—in a concentration equal to or greater than 1.5 µgram/100 cm2.

Lead and Mercury—If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µ/ft2 and vapor samples for Mercury in excess of 50 ng/m3.

Closure And Abatement Orders Upon Report And Investigation By Law Enforcement or Emergency Agencies.

When a law enforcement or emergency agency reports to the department that a structure in the City has been used for the production of methamphetamine or as a storage facility for methamphetamine or chemicals used in the manufacturing of methamphetamine, the department may order that structure closed pursuant to the emergency measures provided in the City's property maintenance and/or safety codes. The department shall rescind such an order if the law enforcement or emergency agency later reports that after testing and investigation it has not found unsafe contamination in that structure.

When a law enforcement or emergency agency reports to the department that it has found unsafe contamination in a structure in the City that has been used for the production of methamphetamine or as a storage facility for methamphetamine or chemicals used in the manufacturing of methamphetamine, the department shall order that structure closed pursuant to the emergency measures provided in the City's property maintenance and/or safety codes.

Supplementary Notice And Instructions.

While closure and abatement orders pursuant to the emergency measures provided in the City's property maintenance and/or safety codes may be posted, the department shall also attempt to contact the owner of record of the affected property, or the owner's agent, by personal service, first class mail or by posting on the property or publication if mail is returned as undelivered.

Such notice shall direct the owner to contact the department within twenty (20) calendar days to establish a schedule for decontaminating the structure, and further advise the owner that failure to contact the department within that time specified may result in a request to disconnect utility services in order to ensure that the structure is not re-occupied until it is decontaminated.

Such notice shall also inform the owner that if the owner contacts the department within the time specified in the notice, the owner may request to have the structure retested, but such retesting must be performed as follows.

The owner must employ the services of a qualified company or contractor to perform sampling and to analyze the samples.

An inspector for the department must be present when the qualified company or contractor takes samples and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to the appointment for taking samples.

Sampling and testing shall be performed in accordance with the appropriate sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).

The qualified company or contractor engaged by the owners must report the results of its analysis of the samples taken to the department.

Decontamination.

If unsafe contamination exists in a structure, the owner shall hire a qualified contractor or company to decontaminate the structure and advise the department of the schedule for decontamination.

The schedule for the work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the department within twenty (20) calendar days of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected the owner will be informed, in writing, of specific reasons for the rejection and will be required to amend the schedule or the proposed qualified contractor or company. Decontamination shall be performed in accordance with the appropriate sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).

If the owner of property determined to have unsafe contamination fails to voluntarily abate that contamination, the department may serve a notice of violation and proceed in accordance with provisions for abatement of unsafe conditions or structures in the City's property maintenance and/or safety codes. The department may request disconnection of the utility services until the decontamination is complete.

Post decontamination sampling. Following the completion of the work, the owner shall notify the department that work is complete and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified contractor or company other than and independent of the contractor or company that performed the decontamination, and that sampling and testing must be done in accordance with the appropriate sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).

Final Action. After the property has been decontaminated and the department is in possession of evidence that the pertinent chemical levels are below unsafe contamination levels, the structure will be considered safe and suitable for performance of a full inspection for an occupancy permit. If utility services have been disconnected, the department will notify the utilities that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any reconnection fees.

Section 500.070 through Section 500.190. Reserved.

Article II Penalty

Section 500.200 Violations — General Penalty — Limits — Continuing Violations — Exceptions.

Whenever in any Section of the various technical codes adopted in this Chapter or in any ordinance the doing of any act is required or is prohibited or is declared to be unlawful or a misdemeanor and no specific fine or penalty is provided for a violation thereof, any person who shall be convicted of a violation of any such provision of these technical codes adopted in this Chapter or of any such ordinance shall, for each offense, be fined not more than one thousand dollars ($1,000.00) or be punished by imprisonment in jail not to exceed ninety (90) days or be punished by both fine and imprisonment.

Each days violation of or failure, refusal or neglect to comply with any provision of any of the technical codes adopted herein or of any ordinance shall constitute a separate and distinct offense.

This Section shall not apply to any Section of these Codes or to any ordinance in which there is expressly provided a penalty for its violation or for any offense the penalty for the violation of which is fixed by Statute.