City of Ste. Genevieve, MO Building Code

The general purpose of this Article is to protect the public health, safety, comfort, morals and the general welfare of the people of the City. These general objectives include, among others, the following specific purposes:

To protect the character and stability of commercial and residential areas within the City.

To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of buildings.

To provide facilities for light and ventilation necessary to health and safety.

To prevent additions or alterations to existing commercial and residential dwellings that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties.

To prevent the overcrowding of dwellings by providing minimum space standards per occupant of each dwelling unit.

To provide minimum standards for the maintenance of existing commercial and residential buildings and to prohibit the spread of slums and blight.

To preserve the taxable value of land and buildings throughout the City.

Section 500.100 Definitions.

[CC 1985 §5-72; Ord. No. 2979 §3, 6-25-1998]

The following definitions shall apply in the interpretation and enforcement of this Article:

APPROVED

Approved by the Code Official.

BOARD OF ADJUSTMENT

The Zoning Board of Adjustment of the City.

BUILDING

Any real estate improvement, dwelling unit, accessory building, rooming unit, premise, commercial structure and all other structures designed to be occupied or visited by people.

BUILDING CODE

The collection of codes set out in Section 500.110 of this Article.

BUILDING COMMISSIONER

The City Administrator or his/her delegate, the Building Inspector.

CERTIFICATE OF OCCUPANCY

See "OCCUPANCY PERMIT".

CITY

The City of Ste. Genevieve.

CODE OFFICIAL

The Building Commissioner of the City or the duly authorized representative of the Building Commissioner.

CONDEMN

To adjudge unfit for use or occupancy.

ECONOMICALLY FEASIBLE

As referenced in this Section, an additional cost of not more than twenty percent (20%) of the cost of the base project.

[Ord. No. 4395, 3-1-2022]

GROUP FACILITY

A building used to house four (4) or more unrelated residents.

[Ord. No. 4050 § 1, 8-11-2016]

OCCUPANCY PERMIT

A certificate of occupancy issued under the provisions of this Code.

OCCUPANT

Any person living or sleeping in a building or having possession of a space within a building.

SUBSTANTIAL RENOVATION

Renovations totaling thirty-three percent (33%) or more of the total gross square footage or renovation costs equal to or greater than thirty-three percent (33%) of the assessed building value.

[Ord. No. 4050 § 1, 8-11-2016]

Section 500.110 Codes.

[CC 1985 §5-73; Ord. No. 2979 §4, 6-25-1998; Ord. No. 3281, 2-27-2003; Ord. No. 3534 §1, 6-26-2007; Ord. No. 3552 §2, 10-11-2007; Ord. No. 3813 §1, 7-12-2012; Ord. No. 3938 §1, 12-11-2014; Ord. No. 4050 § 2, 8-11-2016; Ord. No. 4131, 10-26-2017; Ord. No. 4206, 4-11-2019; Ord. No. 4263, 12-12-2019; Ord. No. 4394, 3-1-2022]

International Building Code Adopted. The Building Code of the City of Ste. Genevieve shall consist of the ICC Building Code, 2018 Edition, published by the International Code Council, Inc. (the "Building Code") which is incorporated by reference and made a part hereof.

Amendments To The International Building Code. The Building Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.6, Right of entry, is hereby repealed in its entirety.

Section 105.2, Work exempt from permit, Building: is hereby amended by removing "2. Fences not over seven (7) feet (2,134 mm) high."

Section 113, Board of Appeals, is hereby amended by deleting Sections 113.1 through 113.3 and adopting a new Section 113.1 to read as follows:

113.1 Board of Appeals. To hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

The Board of Adjustment shall have no authority to waive the requirements of this code. The decision of the Board of Adjustment may be further appealed to the Circuit Court of Ste. Genevieve County as provided in Section 67.430, RSMo.

Section 312.1, General, is hereby amended by revising "Fences more than six (6) feet (1,829 mm) in height" to "Fences."

Section 423.1, General, is hereby amended by deleting Section 423.1 in its entirety and adopting a new Section 423.1 to read as follows:

"In addition to other applicable requirements in this code, storm shelters shall be constructed in accordance with ICC 500, where economically feasible."

Section 1612.3, Establishment of flood hazard areas, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]" and "February 15, 2019" for the words "[DATE OF ISSUANCE]."

International Residential Building Code Adopted. The residential code of the City of Ste. Genevieve shall consist of the ICC International Residential Code, 2018 Edition, published by the International Code Council, Inc. (the "Residential Code") which is incorporated herein by reference and made a part hereof.

Amendments To The International Residential Code. The Residential Code is hereby amended as follows:

Section R101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.6, Right of entry, is hereby repealed in its entirety.

Section R105.2, Work exempt from permit, Building: is hereby amended by removing "2. Fences not over seven (7) feet (2,134 mm) high."

Section R112, Board of Appeals, is hereby amended by deleting Section R112.1 through R112.4 and adopting a new Section R112 to read as follows:

R112.1 Board of Appeals. To hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

Section R301.2, Climatic and geographic design criteria, to include:

(1) Table R301.2(1) Climatic and Geographic Design Criteria.[1]

(2) Notes a to o to Table R301.2(1) remain the same except: Table Note (f) is hereby amended to state: "D-0 is the default setting. Applicants that demonstrate that professional soil testing would result in a lower rating may apply the seismic rating for that parcel."

[1]

Editor's Note: Table R301.2(1), Climate and Geographic Design Criteria is included as an attachment to this Chapter.

Section R313, Automatic fire sprinkler systems, is hereby amended by deleting Section R313 in its entirety and adopting a new Section R313 to read as follows:

Abide by Missouri Revised Statutes, Chapter 67, Section 67.281, dated August 28, 2016. A builder of one- or two-family dwellings or townhouses shall offer to any purchaser on or before the time of entering into the purchase contract the option, at the purchaser's cost, to install or equip fire sprinklers in the dwelling or townhouse. Notwithstanding any other provision of law to the contrary, no purchaser of such a one- or two-family dwelling or townhouse shall be denied the right to choose or decline to install a fire sprinkler system in such dwelling or townhouse being purchased by any code, ordinance, rule, regulation, order, or resolution by any county or other political subdivision.

R313.1 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other by wall and/or floor assemblies having not less than a one-hour fire-resistance rating when tested in accordance with ASTM E 119. Fire-resistance-rated floor-ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend to the underside of the roof sheathing.

Exceptions:

1. A fire-resistance rating of one-half (1/2) hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13.

2. Wall assemblies need not extend through attic spaces when the ceiling is protected by not less than five-eighths-inch (15. 9 mm) Type X gypsum board and an attic draft stop constructed as specified in Section R502. 12. 1 is provided above and along the wall assembly separating the dwellings. The structural framing supporting the ceiling shall also be protected by not less than one-half-inch (12.7 mm) gypsum board or equivalent.

The structural framing supporting the ceiling shall also be protected by not less than one-half-inch (12.7 mm) gypsum board or equivalent.

R313.1.1 Supporting construction. When floor assemblies are required to be fire-resistance-rated by Section R313.1, the supporting construction of such assemblies shall have an equal or greater fire-resistive rating.

R313.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302 for exterior walls.

Exception: A common two-hour fire-resistance-rated wall is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with Section R313.3.

R313.2.1 Continuity. The fire-resistance-rated wall or assembly separating townhouses shall be continuous from the foundation to the underside of the roof sheathing, deck or slab. The fire-resistance rating shall extend the full length of the wall or assembly, including wall extensions through and separating attached enclosed accessory structures.

R313.2.2 Parapets. Parapets constructed in accordance with Section R313.2.3 shall be constructed for townhouses as an extension of exterior walls or common walls in accordance with the following:

1. Where roof surfaces adjacent to the wall or walls are at the same elevation, the parapet shall extend not less than thirty (30) inches (762 mm) above the roof surfaces.

2. Where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is not more than thirty (30) inches (762 mm) above the lower roof, the parapet shall extend not less than thirty (30) inches (762 mm) above the lower roof surface.

Exception: A parapet is not required in the two (2) cases above when the roof is covered with a minimum Class C roof covering, and the roof decking or sheathing is of noncombustible materials or approved fire-retardant-treated wood for a distance of four (4) feet (1,219 mm) on each side of the wall or walls, or one (1) layer of five-eighths-inch (15.9 mm) Type X gypsum board is installed directly beneath the roof decking or sheathing, supported by a minimum of nominal two-inch (51 mm) ledgers attached to the sides of the roof framing members, for a minimum distance of four (4) feet (1,220 mm) on each side of the wall or walls. A parapet is not required where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is more than thirty (30) inches (762 mm) above the lower roof. The common wall construction from the lower roof to the underside of the higher roof deck shall have not less than a one-hour fire-resistance rating. The wall shall be rated for exposure from both sides.

R313.2.3 Parapet construction. Parapets shall have the same fire-resistance rating as that required for the supporting wall or walls. On any side adjacent to a roof surface, the parapet shall have noncombustible faces for the uppermost eighteen (18) inches (457 mm), to include counter flashing and coping materials. Where the roof slopes toward a parapet at slopes greater than two (2) units vertical in twelve (12) units horizontal (16.7% slope), the parapet shall extend to the same height as any portion of the roof within a distance of three (3) feet (914 mm), but in no case shall the height be less than thirty (30) inches (762 mm).

R313.2.4 Structural independence. Each individual townhouse shall be structurally independent.

Exceptions:

1. Foundations supporting exterior walls or common walls.

2. Structural roof and wall sheathing from each unit may fasten to the common wall framing.

3. Nonstructural wall coverings.

4. Flashing at termination of roof covering over common wall.

5. Townhouses separated by a common two-hour fire-resistance-rated wall as provided in Section R317.2

Section E3902.10, Kitchen dishwasher branch circuit, is hereby amended by deleting Section E3902.10 in its entirety.

Section E3902.16, Arc-fault circuit-interrupter protection, is hereby amended by deleting Section E3902.16 in its entirety.

Section E3902.17, Arc-Fault Circuit-Interrupter Protection for branch circuit extensions or modifications, is hereby amended by deleting Section E3902.17 in its entirety.

Section E4002.14, Tamper-resistant receptacles, is hereby amended by deleting Section E4002.14 in its entirety.

[Ord. No. 4427, 8-25-2022]

Manufactured Housing Code Adopted. The manufactured housing code of the City of Ste. Genevieve shall consist of the ICC International Residential Code, 2018 Edition, Appendix E, Manufactured Housing Used As Dwellings, published by the International Code Council, Inc., (the "Manufactured Housing Code") which is incorporated herein by reference and made a part hereof.

Amendments To The Manufactured Housing Code. The Manufactured Housing Code is hereby amended as follows:

(1)

Section AE101.1, General, is hereby amended by deleting Section AE101.1 in its entirety and adopting a new Section AE101.1 to read as follows:

Section AE101.1 These provisions shall be applicable only to a manufactured home used as a single dwelling unit and shall apply to the following:

(a)

Construction, alteration and repair of any foundation system which is necessary to provide for the installation of a manufactured home unit.

(b)

Construction, installation, addition, alteration, repair or maintenance of the building service equipment which is necessary for connecting manufactured homes to water, fuel, or power supplies and sewage systems.

(c)

Alterations, additions or repairs to existing manufactured homes. The construction, alteration, moving, demolition, repair and use of accessory buildings and structures, and their building service equipment, shall comply with the requirements of the codes adopted by this jurisdiction.

These provisions shall not be applicable to the design and construction of manufactured homes and shall not be deemed to authorize either modifications or additions to manufactured homes where otherwise prohibited.

(2)

Section AE502.2, Soil classification, is hereby amended by deleting Section AE502.2 in its entirety.

Tiny House Code Adopted. The tiny house code of the City of Ste. Genevieve shall consist of the ICC International Residential Code, 2018 Edition, Appendix Q, Tiny Houses, published by the International Code Council, Inc., (the "Tiny House Code") which is incorporated herein by reference and made a part hereof.

International Plumbing Code Adopted. The plumbing code of the City of Ste. Genevieve shall consist of the ICC International Plumbing Code, 2018 Edition, published by the International Code Council, Inc. (the "Plumbing Code") which is incorporated herein by reference and made a part hereof.

Amendments To The International Plumbing Code. The Plumbing Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.4, Right of Entry, is hereby repealed in its entirety.

Section 109, Means of Appeal, is hereby amended by deleting Section 109.1 through 109.7 and adopting a new Section 109.1 to read as follows:

109.1 Board of Appeals. To hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

International Mechanical Code Adopted. The mechanical code of the City of Ste. Genevieve shall consist of the ICC International Mechanical Code, 2018 Edition, published by the International Code Council, Inc. (the "Mechanical Code") which is incorporated by reference and made a part thereof.

Amendments To The International Mechanical Code. The Mechanical Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.4, Right of Entry, is hereby repealed in its entirety.

Section 109, Means of Appeal, is hereby amended by deleting Section 109.1 through 109.7 and adopting a new Section 109.1 to read as follows:

109.1 Board of Appeals. To hear and decide appeals of orders, decisions or determination made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

International Fire Code Adopted. The fire code of the City of Ste. Genevieve shall consist of the ICC International Fire Code, 2018 Edition, published by the International Code Council, Inc. (the "Fire Code") which is incorporated herein by reference and made part thereof.

Amendments To The International Fire Code. The Fire Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Sections 104.3, Right of Entry, is hereby repealed in its entirety.

Section 109, Board of Appeals, is hereby amended by deleting Section 109.1 through 109.3 and adopting a new Section R109.1 to read as follows:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

Section 506, Key Boxes, is hereby amended by deleting Section 506 in its entirety and adopting a new section 506 to read as follows:

506.1 Where required. The following structures shall be equipped with a Knox-Box^® at or near the main entrance or such other location required by the Fire Chief:

(A) Commercial or industrial structures that are secured in a manner that restricts access during an emergency.

(B) Multifamily residential structures that have a common corridor for access to living units to which access is restricted through locked doors.

All newly constructed structures identified in Section 506.1(A) through (C) shall have the Knox-Box^® installed and operational prior to the issuance of an occupancy permit.

All substantially renovated structures identified in Section 506.1(A) through (C) shall have the Knox-Box^® installed and operational prior to the issuance of a final inspection.

All existing structures identified in Section 506.1(A) through (C) that change ownership or occupancy shall have the Knox-Box^® installed and operational prior to the issuance of an occupancy permit.

Exception: The City Administrator or his/her designee shall be authorized to approve waiver of this requirement upon receipt of such request for good reason from the owner of a structure.

506.2 Type. The Fire Chief shall designate the type of Knox-Box^® system to be implemented within the City and shall have the authority to require all structures to use the designated system.

506.3 Responsibility. The owner or operator of a structure required to have a Knox-Box^® shall at all times keep a key in the lock box that will allow for access to the structure. The owner or operator of the building shall immediately notify the Fire Chief and provide the new key where a lock is changed or rekeyed. The key to such lock shall be secured in the key box. The Fire Chief shall be authorized to implement rules and regulations for the use of the Knox-Box^® system.

International Property Maintenance Code Adopted. The property maintenance code of the City of Ste. Genevieve shall consist of the ICC International Property Maintenance Code, 2018 Edition, published by the International Code Council, Inc. (the "Property Maintenance Code") which is incorporated herein by reference and made a part hereof.

Amendments To The International Property Maintenance Code. The Property Maintenance Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.3, Right of Entry, is hereby repealed in its entirety.

Section 111, Means of Appeal, is hereby amended by deleting Section 111.1 through 111.8 and adopting a new Section 111.1 to read as follows:

111.1 Board of Appeals. To hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

Section 602.3, Heat Supply, is hereby amended to insert dates of October 1 to April 1 for heat.

Section 602.4, Occupiable Work Spaces, is hereby amended to insert dates of October 1 to April 1 for heat.

Section 603, Mechanical equipment, is hereby amended to include the following additional sections:

603.7 Shut-off valves. Lines serving gas-operated mechanical equipment shall be fitted with a shut-off valve; shut-off valves shall be located within six (6) feet of the appliance.

603.8. Carbon Monoxide Alarms. An approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwellings units in which fuel-fired appliances are installed and in dwelling units that have attached garages. Where multiple carbon monoxide alarms are required, they must be interconnected.

Section 605.2, Receptacles, is hereby amended by deleting Section 605.2 in its entirety and adopting a new Section 605.2 to read as follows:

605.2 Receptacles. Every habitable space in a dwelling shall contain at least two (2) separate and remote receptacle outlets. All receptacles listed in Section 210.8(A) of NEC 2020 shall be provided with ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.

National Electric Code Adopted. The electrical code of the City of Ste. Genevieve shall consist of the NFPA 70 National Electrical Code, 2020 Edition, published by the National Fire Protection Association ("Electrical Code") which is incorporated herein by reference and made a part hereof.

Amendments To The National Electrical Code. The Electrical Code is hereby amended as follows:

Article 90, Introduction, is hereby amended by adding Section 90.10 Board of Appeals as follows:

Section 90.10 Board of Appeals. To hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

Section 210.12, Arc-fault circuit-interrupter protection, is hereby amended by deleting Section 210.12 in its entirety.

Section 406.4(D)(4) Arc-fault circuit-interrupter protection, is hereby amended by deleting Section 406.4(D)(4) in its entirety.

Section 406.4(D)(5), Tamper-Resistant Receptacles, is hereby amended by deleting Section 406.4(D)(5) in its entirety.

[Ord. No. 4427, 8-25-2022]

Section 406.12(1), Tamper-Resistant Receptacles (dwelling units), is hereby amended by deleting Section 406.12(1) in its entirety.

[Ord. No. 4427, 8-25-2022]

Section 422.5(A), General, is hereby amended by deleting Subsection (7), Dishwashers.

[Ord. No. 4427, 8-25-2022]

International Fuel Gas Code Adopted. The fuel gas code of the City of Ste. Genevieve shall consist of the ICC International Fuel Gas Code, 2018 Edition, published by the International Code Council, Inc. (the "Fuel Gas Code") which is incorporated herein by reference and made part thereof.

Amendments To The International Fuel Gas Code. The Fuel Gas Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.4, Right of Entry, is hereby repealed in its entirety.

Section 109, Means of Appeal, is hereby amended by deleting Section 109.1 through 109.7 and adopting a new Section 109 to read as follows:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

International Existing Building Code Adopted. The existing building code of the City of Ste. Genevieve shall consist of the ICC International Existing Building Code, 2018 Edition, published by the International Code Council, Inc. (the "Existing Building Code") which is incorporated herein by reference and made a part hereof.

Amendments To The International Existing Building Code. The Existing Building Code is hereby amended as follows:

Section 101.1, Title, is hereby amended by substituting "City of Ste. Genevieve" for the words "[NAME OF JURISDICTION]."

Section 104.6, Right of Entry, is hereby repealed in its entirety.

Section 112, Board of Appeals, is hereby amended by deleting Section 112.1 through 112.3 and adopting a new Section 112 to read as follows:

112.1 Board of Appeals. To hear and decide appeals of orders, decisions or determinations made by the Building Official relating to the application and interpretation of this code, the Board of Adjustment of the City shall sit as the Board of Appeals having the authority set forth in this code and shall adopt rules of procedure for the conduct of such appeals in accordance with applicable law. Any person directly impacted by an action or decision of the code official such that the person would have standing in a court of law to challenge the action may petition the Board of Adjustment for a review of any final decision of any City officer under the Building Code, provided that a written application for appeal is filed within thirty (30) business days after the day of the decision or order served. An application for appeal shall be based solely on a claim that:

(1) The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted;

(2) The provisions of this code do not fully apply; or

(3) The requirements of the code are adequately satisfied by other means.

Section 500.120 Procedure For Filing Appeals.

[CC 1985 §5-76; Ord. No. 2979 §7, 6-25-1998]

Any appeal under this Article shall be taken within thirty (30) days after the decision is rendered by filing with the Building Commissioner a notice of appeal specifying the grounds therefor and by depositing with the City Clerk the sum of one hundred dollars ($100.00) as a docket fee.

The Building Commissioner shall forthwith submit to the Board of Adjustment a copy of this notice of appeal together with all the papers constituting the record upon which the action appealed from is taken.

Section 500.130 Appeal To Stay Proceedings of Action Appealed From — Exception.

[CC 1985 §5-77; Ord. No. 2979 §8, 6-25-1998]

An appeal pursuant to Section 500.120 shall stay all City enforcement proceedings in furtherance of the action appealed from, unless the Building Commissioner shall certify to the Board of Adjustment, subsequent to the filing of any notice of appeal, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, enforcement proceedings shall not be stayed otherwise than by the order of any court of competent jurisdiction.

Section 500.140 Information To Be Furnished To Board of Adjustment.

[CC 1985 §5-78; Ord. No. 2979 §9, 6-25-1998]

It shall be the duty of the Building Commissioner to furnish the Board of Adjustment, upon request, with copies of reports of any or all inspections made by such officers in the matter on appeal and to furnish such other information as may be available.

Section 500.150 Notice and Hearing.

[CC 1985 §5-79; Ord. No. 2979 §10, 6-25-1998]

The Board of Adjustment shall fix a time and place for the hearing of appeals. Such hearing shall be had within a reasonable time after the filing of the notice of appeal. Notice of the time and place of hearing shall be sent by mail to the appellant or to his/her attorney of record and such hearing shall not be less than ten (10) days after the mailing of the notice.

Section 500.160 Action and Decision of Board Generally.

[CC 1985 §5-80; Ord. No. 2979 §11, 6-25-1998]

In exercising the powers enumerated in this Article, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

The Board of Adjustment shall act by simple majority vote of members present and a quorum shall consist of at least three (3) members. The action of the Board shall not become effective until after the resolution of the Board setting forth the reason for its decision and the vote of each member participating therein has been spread upon the minutes. Such resolutions, immediately following the Board's final decision, shall be filed in the office of the Board and shall be open for public inspection.

The Board of Adjustment may seek the advice of professionals at the time of hearing.

Section 500.170 Review of Decisions.

[CC 1985 §5-81; Ord. No. 2979 §12, 6-25-1998]

Any decision of the Board of Adjustment under this Article shall be subject to review by a court of competent jurisdiction.

If a decision appealed from is affirmed, the docket fee previously deposited by the appellant shall be forfeited and the money shall be paid into the City Treasury.

Section 500.180 Conflicting Provisions.

[CC 1985 §5-82; Ord. No. 2979 §13, 6-25-1998]

This Article establishes minimum standards for dwelling units and accessory buildings and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings except such as are in conflict with the provisions of this Article.

Section 500.190 Construction Permits.

[CC 1985 §5-83; Ord. No. 2979 §14, 6-25-1998]

It is unlawful for any person, without first obtaining a construction permit, to:

Install, alter or modify any electrical, plumbing or mechanical system of a building where the cost is in excess of five hundred dollars ($500.00); or

Where the result of proposed construction, modification or alteration is to enlarge a building's capacity or affect the bearing wall or roof of any building.

Install a fence on any property in the City of Ste. Genevieve.

[Ord. No. 4131, 10-26-2017]

Application. Application for such permit shall be made to the Clerk and shall be accompanied by plans and specifications in duplicate showing the work to be done; such plans shall be verified by the signature of either the owner of the building or by the architect or contractor in charge of the operations.

Approval Of Plans. Such applications with plans shall be referred to the Building Inspector who shall examine the same to determine whether the proposed construction or alteration will comply with the code provisions contained in Section 500.110. Upon approval, one (1) set of plans shall be returned to the applicant with a permit and the other shall be retained by the Building Inspector. No permit shall be issued until after approval of plans.

Variances. It shall be unlawful to vary materially from the submitted plans and specifications unless such variations are submitted in an amended plan to the Building Inspector and approved by him/her.

Enforcement Of Provisions. The Building Inspector shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this Article and to make any tests or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this Article.

Traffic Study. If the City Administrator determines that a construction project is likely to increase traffic on City streets, the City may require additional information as needed, including a comprehensive traffic study, at the developer's expense, to determine the effects of the proposed development on the street system, and the points in that system where any adverse impacts are no longer significant. If such effects are determined to have a negative impact on public health, safety and general welfare, as a condition of approval off-site street improvements may be required to mitigate the negative effects.

[Ord. No. 4061 § 1, 9-22-2016]

Fence Material And Design. Fences shall be constructed, designed and maintained as follows:

[Ord. No. 4131, 10-26-2017]

Permitted Materials. Fences shall be constructed of wood, metal, bricks, masonry or other permanent materials designed for permanent fence. No more than two (2) styles of fencing material shall be used in any fence or wall. Fences constructed of wood shall be resistant to decay. All fences erected shall be of approved fence material, which is designed for this purpose. Material shall be approved by the Code Official prior to issuance of permit.

Hazardous And Prohibited Materials. Fences shall not be constructed of electrically charged wire, razor wire, chicken wire, rope, cable, railroad ties, landscape timbers, utility poles or any other similar materials or materials not specifically manufactured for permanent fence.

Temporary construction fencing of any material is allowed.

Duration Of Permit. Any construction permit under which no construction has commenced within six (6) months after the date of issuance of the permit, or under which the proposed construction has not been completed within one (1) year of the date of issuance, shall expire by limitation. No work shall take place under such permit after such expiration. An extension of six (6) months for completion of the work under such permit may be granted by the Building Inspector upon written request from the applicant or the contractor.

[Ord. No. 4218, 6-13-2019]

Section 500.200 Conformance To Article Required.

[CC 1985 §5-84; Ord. No. 2979 §15, 6-25-1998]

Every building shall conform to the requirements of this Article, irrespective of the class to which such building may otherwise belong and irrespective of when such building may have been constructed, altered or repaired.

Section 500.210 Inspection Authorized — Access.

[CC 1985 §5-85; Ord. No. 2979 §16, 6-25-1998]

After twenty-four (24) hours' prior written notice to or with consent of the owner, the Building Commissioner is authorized and directed to make inspections to determine whether buildings located within the City conform to the requirements of this Article. For the purpose of making such inspections, the Building Commissioner is authorized to enter, examine and survey at all reasonable times all buildings. The owner of every building shall give the Building Commissioner free access thereto at all reasonable times for the purpose of inspection, examination and survey.

Section 500.220 Occupancy Permit Required — Fees.

[CC 1985 §5-86; Ord. No. 2979 §17, 6-25-1998; Ord. No. 3787 §1, 3-22-2012]

It shall be unlawful for any person to occupy or for any owner or agent hereof to permit the occupancy of any building or addition thereto or part thereof for any purpose until a certificate of occupancy has been issued by the Building Commissioner. Every owner, agent or manager of any building or addition thereto shall inform the Building Commissioner and request an inspection thereof under the provisions of this Article whenever it is proposed to occupy any portion of a new building or addition or to change occupancy of an existing building. An existing building shall be exempt from this requirement if it has been inspected and an occupancy permit has been issued within the twelve (12) months prior to a change of occupancy. It shall be otherwise effective immediately upon adoption of this Article.

It shall be unlawful for any person to knowingly make any false statement in his/her application for any occupancy permits to the names, ages, relationship or number of occupants who will occupy the premises.

Section 500.230 No Warranty By City.

[CC 1985 §5-87; Ord. No. 2979 §18, 6-25-1998]

The inspections made hereunder are not warranties by the City as to the conditions of any private property. Some inspections may be simply visual outside inspections and the City assumes no liability for the safety of any person or property of any person relying on the adequacy on any inspection or report issued under this Article.

Section 500.240 Inspections and Certificates of Compliance.

[CC 1985 §5-88; Ord. No. 2979 §19, 6-25-1998]

If the inspected premises meets City code standards, a certificate of compliance shall be issued. The certificate shall be valid for a period of one (1) year from the date of the last inspection performed.

Section 500.250 Notice of Violation.

[CC 1985 §5-89; Ord. No. 2979 §20, 6-25-1998]

Whenever the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this Article, he/she shall give notice of such alleged violation to the person responsible therefor which shall:

Be in writing.

Contain a statement of the reason why it is being issued.

Allow a reasonable time for the performance of any act it requires (thirty (30) days maximum).

Contain an outline of remedial action which if taken will effect compliance with the provision of this Article.

Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent or on any such occupant, if a copy thereof is:

Served upon him/her personally;

Sent by certified mail to his/her last known address; or

Posted in a conspicuous place in or about the dwelling affected by the notice.

Section 500.260 Designation of Dwelling Unfit For Habitation.

[CC 1985 §5-90; Ord. No. 2979 §21, 6-25-1998]

The following may be designated as buildings unfit for human habitation:

One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public;

One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public;

One which because of its general condition is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public; or

One which does not substantially conform to this Article or the dangerous building ordinance.

Section 500.270 Placarding.

[CC 1985 §5-91; Ord. No. 2979 §22, 6-25-1998]

Any building which shall be found to have any of the defects set out in this Article shall be declared unfit for human habitation and shall be so designated and placarded by the Building Commissioner when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section 500.250.

Section 500.280 Removal of Placards.

[CC 1985 §5-92; Ord. No. 2979 §23, 6-25-1998]

No person shall deface or remove the placard from any building which has been condemned as unfit for human habitation and placarded as such, except as may be provided.

Section 500.290 Right of Appeal.

[CC 1985 §5-93; Ord. No. 2979 §24, 6-25-1998]

Any person affected by any notice or order relating to the condemning and placarding of a building as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Adjustment under the procedure set forth in this Article.

Section 500.300 Vacation of Building.

[CC 1985 §5-94; Ord. No. 2979 §25, 6-25-1998]

Any building condemned as unfit for human habitation and so designated and placarded by the Building Commissioner shall be vacated within a reasonable time as ordered by the Building Commissioner.

No building which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Building Commissioner. The Building Commissioner shall remove such placard whenever the defects upon which the condemnation and placarding were based have been eliminated.

Section 500.310 Vacated Structures To Be Made Secure.

[CC 1985 §5-95; Ord. No. 2979 §26, 6-25-1998]

If a building is vacated or unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Building Commissioner may post a placard of condemnation on the premises and may order the structure closed up with plywood so as to prevent that structure from becoming a public nuisance. Upon failure of the owner to close up the condemned structure within the time specified in the order, the Building Commissioner may cause those premises to be closed up with plywood through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the condemned structure is located and shall thereafter become a lien upon that real estate. In addition, any structure which is ordered to be closed up shall have at least one (1) no trespassing sign posted in a prominent place on each of its outside walls. All closing up with plywood shall be done in accordance with regulations for such work kept on file in the office of the Building Commissioner.

Section 500.320 Remedy of Defects.

[CC 1985 §5-96; Ord. No. 2979 §27, 6-25-1998]

The owner of any building shall have thirty (30) days from the issuance of the notice provided for in Section 500.250 to remedy the condition therein specified; provided however, that the Building Commissioner may, at his/her discretion, extend the time for compliance with any such notice; and provided further, that no owner shall be held responsible for any condition that is not specifically described in such notice.

The failure of any owner to comply with any order of the Building Commissioner contained in the notice prescribed by Section 500.250 within the time specified shall make such owner subject to the penalties provided for such offense.

Section 500.330 Transfer of Ownership.

[CC 1985 §5-97; Ord. No. 2979 §28, 6-25-1998]

It shall be unlawful for the owner of any building upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose of the dwelling to another until the provisions of the notice of violation or compliance order have been complied with or until such owner shall first furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order issued by the Building Commissioner. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice as of the date of the transfer without further services or notice upon him/her.

The owner to whom a building has been transferred may consent to make repairs which have been required by a notice of violation from the Building Commissioner by signing an agreement with the City agreeing to make the repairs required by the violation notice on or before a date as determined by the Building Commissioner. Upon receipt of such agreement, the Building Commissioner may issue an occupancy permit to be held by the City until such time as the repairs are completed by the new owner of the building. The form of this agreement shall contain the following:

Identity of the owner.

Description and location of the building.

List of all required repairs.

The date upon which repairs will be completed.

Executed and notarized signatures by both the new owner and the Building Commissioner.

Section 500.340 Compliance With Article Required.

[CC 1985 §5-98; Ord. No. 2979 §29, 6-25-1998]

No person shall let or hold out to another for occupancy any building which is not safe, clean, sanitary and fit for human occupancy and which does not comply with the particular requirements of this Article.

Section 500.350 Violations — Penalties. [1]

[CC 1985 §5-99; Ord. No. 2979 §30, 6-25-1998]

Any person violating any of the provisions of this Article shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each day that such violation continues; but if the offense is willful, on conviction thereof the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each day that such violation continues or imprisonment for ten (10) days for each day such violation shall continue, or both such fine and imprisonment at the discretion of the court.

Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under the authority of this Article in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

[1]

Cross Reference — General penalty, §100.260.

Section 500.360 Building Permit Fees.

[CC 1985 §5-100; Ord. No. 3148 §1, 2-22-2001; Ord. No. 3522 §1, 1-11-2007]

BUILDING PERMIT
New Construction
All residential (including modular housing):	Fee:
Ground floor square footage up to three thousand (3,000) square feet (heated space only)	Fifteen cents ($0.15) for each square foot of construction
Ground floor square footage in excess of three thousand (3,000) square feet (heated space only)	Ten cents ($0.10) for each square foot of construction
Second (2nd) or third (3rd) floor areas (heated space)	Seven cents ($0.07) for each square foot of construction
Minimum fee	Thirty dollars ($30.00)
NOTE :Permit fee for new residential includes all improvements on the lot constructed under the same permit such as driveways, garage(s), basement(s), utility extensions and all other improvements.
All other structures (unheated): (includes garages, sheds and other structures)	Seven cents ($0.07) for each square foot
Storage shed under one hundred (100) square feet — minimum fee:	Seven dollars ($7.00)
Mobile home installation	Thirty dollars ($30.00)
All commercial and industrial:
Commercial office
Ground floor square footage up to three thousand (3,000) square feet (heated space only)	Fifteen cents ($0.15) for each square foot of construction
Ground floor square footage in excess of three thousand (3,000) square feet (heated space only)	Ten cents ($0.10) for each square foot of construction
Second (2nd) or third (3rd) floor areas (heated space)	Seven cents ($0.07) for each square foot of construction
Commercial retail
Ground floor square footage up to three thousand (3,000) square feet	Ten cents ($0.10) for each square foot of construction
Ground floor square footage in excess of three thousand (3,000) square feet	Seven cents ($0.07) for each square foot of construction
Maximum fee	Four hundred dollars ($400.00)
Industrial and warehouse
Ground floor square footage up to three thousand (3,000) square feet	Ten cents ($0.10) for each square foot of construction
Ground floor square footage in excess of three thousand (3,000) square feet	Seven cents ($0.07) for each square foot of construction
Maximum fee	Four hundred dollars ($400.00)
NOTE: Permit fee for commercial and industrial includes all site improvements on the lot constructed under the same permit such as driveways, garage(s), basement(s), utility extensions, parking lots and all other improvements.

BUILDING PERMIT
Remodel Construction
Residential remodel construction:	Fee:
Per each square foot of remodel construction less than one thousand (1,000) square feet	Fifteen cents ($0.15) for each square foot
Per each square foot of remodel construction in excess of one thousand (1,000) square feet	Ten cents ($0.10) for each square foot
Minimum fee	Fifteen dollars ($15.00)
Commercial office remodel construction:
Per each square foot of remodel construction less than one thousand (1,000) square feet	Fifteen cents ($0.15) for each square foot
Per each square foot of remodel construction in excess of one thousand (1,000) square feet	Ten cents ($0.10) for each square foot
Other commercial and industrial remodel construction:
Per each square foot of remodel construction	Five cents ($0.05) for each square foot
Maximum fee	Two hundred dollars ($200.00)
Minimum fee	Twenty-five dollars ($25.00)
Demolition permits: (Demolition fees may include City costs for security and/or traffic control)
Storage shed less than two hundred (200) square feet	Ten dollars ($10.00)
All other structures	Twenty-five dollars ($25.00)
Historic structure (structures listed on Federal, State and/or local register)	One hundred dollars ($100.00)
Housing occupancy inspection: (A double fee will be assessed if two (2) or more follow-up inspections are required.)	Twenty-five dollars ($25.00)
New or remodel construction or maintenance work less the one thousand dollar ($1,000.00) value	No fee or permit required

BUILDING PERMIT
Other Construction Projects
	Fees:
Parking lot — new construction	Thirty dollars ($30.00)
Parking lot — repaving	Fifteen dollars ($15.00)
Residential driveway	Fifteen dollars ($15.00)
Commercial driveway	Twenty-five dollars ($25.00)
Road cut permit	Twenty-five dollars ($25.00)
Residential fence	Fifteen dollars ($15.00)
Commercial fence	Twenty-five dollars ($25.00)
Rock or masonry wall	Twenty dollars ($20.00)
Retaining (structural) wall (in excess of six (6) foot height)	Forty-five dollars ($45.00)
Fill or excavation permit	Fifty-five dollars ($55.00)
Grading permit	Fifteen dollars ($15.00)
Sign	Fifteen dollars ($15.00)
Billboard	Forty-five dollars ($45.00)
Above ground swimming pool	Twenty dollars ($20.00)
In ground swimming pool	Thirty dollars ($30.00)