[1]
Editor's Note — Ord. no. 5134 §1, adopted April
5, 2010, repealed sections 500.030 "BOCA national existing structures
code adoption — copies on file" and 500.040 "amendments, changes
and deletions in existing structures code" and enacted new provisions
set out herein. Former sections 500.030--500.040 derived from CC
1984 §§7-1(C,D), 7-147; Rev. M.C. 1963 §13.01; ord.
no. 3140 §§7-1, 7-1968; ord. no. 3272 §1, 10-20-1975;
ord. no. 3307 §3(2), 4-5-1976; ord. no. 3547 §3, 1-16-1978;
ord. no. 3646 §1, 5-19-1980; ord. no. 3690 §3, 11-3-1980;
ord. no. 4200 §§2, 6, 2-1-1988; ord. no. 4232 §1, 9-6-1988;
ord. no. 4287 §1, 8-21-1989; ord. no. 4328 §§2--3,
4-2-1990; ord. no. 4330 §1, 4-16-1990; ord. no. 4337 §1,
5-21-1990; ord. no. 4347 §3, 7-2-1990; ord. no. 4387 §1,
4-15-1991; ord. no. 4482 §1, 12-7-1992; ord. no. 4499 §1,
5-3-1993; ord. no. 4830 §1, 10-7-2002; ord. no. 4845 §1,
4-21-2003; ord. no. 4846 §1, 4-21-2003; ord. no. 4858 §1,
7-7-2003; ord. no. 4860 §1, 7-21-2003; ord. no. 4891 §1,
3-15-2004; ord. no. 5108 §1, 8-3-2009; ord. no. 5118 §1,
9-8-2009.
[Ord. No. 5134 § 2, 4-5-2010; Ord. No. 5418, 7-1-2019]
A.
The International Property Maintenance Code/2018 is hereby adopted
and by this reference made a part of this Chapter as though set out
in full herein.
B.
General Administrative Definitions. Throughout the International
Property Maintenance Code, 2018 Edition, whenever the terms "jurisdiction"
or "local jurisdiction" appear it shall be deemed to mean "the City
of Richmond Heights," likewise whenever the term "Department of Property
Maintenance Inspection" appears it shall be deemed to mean "the City
of Richmond Heights Building Department," wherever the terms "code
official" appear it shall mean the "Director of the City of Richmond
Heights Building Department or the Director's duly authorized
representative" and whenever the terms "code," "this code," "Property
Maintenance Code" appear it shall be deemed to mean the International
Property Maintenance Code, 2018 Edition, likewise whenever the terms
International Mechanical Code, International Plumbing Code, International
Electrical Code appears it shall be deemed to mean, International
Mechanical Code, Uniform Plumbing Code and National Electrical Code
as adopted by the City of Richmond Heights. The International Building
Code, International Existing Building Code and the International Fire
Code shall be deemed to mean the International Codes of The Recompiled
Municipal Code of The City of Richmond Heights, as adopted herein
with the additions, deletions and changes as prescribed in this Article.
[Ord. No. 5134 § 2, 4-5-2010; Ord. No. 5179 § 1, 9-6-2011; Ord. No. 5418, 7-1-2019]
A.
The International Property Maintenance Code/2018 adopted in Section 500.030(A) above, is hereby amended in the following respects:
1.
Subsection 101.1, (page 1): Insert "Richmond Heights, Missouri."
2.
Subsection 102.3, (page 1): Is amended by deleting International
Zoning Code and replacing it with the City of Richmond Heights Zoning
Code.
3.
Subsection 102.6, (page 1): Is hereby deleted in its entirety.
4.
Subsection 103.5, (page 2): Is hereby deleted in its entirety.
5.
Subsection 106.4, (page 3): Is hereby deleted and a new Subsection
106.4 is added, to read as follows:
Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof shall be subject to the penalties set forth in Section 100.150 of Ordinance No. 4788, the Richmond Heights Municipal Code.
6.
Subsection 107.1, (page 3): is deleted and a new Section is
enacted to read as follows:
107.1 Notice to owner or to person or persons responsible: Whenever the code official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, notice shall be served as prescribed in Section 100.170, Service of Violation Notice(s), of the Municipal Code.
7.
Subsection 107.2, (page 3), Form: is hereby amended to read
as follows: 107.2 Form: Such notice prescribed in Section 107.1 shall:
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1.
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Be in writing;
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2.
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Include a description of the real estate sufficient for identification;
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3.
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Include a statement of the reason or reasons why it is being
issued;
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4.
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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; and,
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5.
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Include an explanation of the owner's right to seek modification
or withdrawal of the notice by petition to the City Manager.
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8.
Subsection 107.3 (page 4) Method of Service is specifically
deleted.
9.
Subsections 107.5. 108.1.1, 108.1.3, 108.1.4, 108.2, 108.3,
108.4, 108.4.1, and 108.5 (pages 4 & 5) are hereby deleted in
their entirety.
10.
Section 109 (page 5 & 6) Emergency Measures and Section
110 (page 6) Demolition is hereby deleted in their entirety and a
new Section 109 is added to read as follows:
Section 109.0 Vacant Buildings
109.1 Vacant building: A vacant building, or portion of a building,
unguarded or open at door or window, shall be deemed a fire hazard,
and an attractive nuisance to children.
109.1.1 Securing vacant buildings: The code official may order the owner of a vacant or partially vacant building or structure that is open and unsecured, in whole or in part, to secure all openings of said building or structure that is open and unsecured, in whole or in part, to secure all openings of said building or structure in accordance with Section 109.2 of this code. If the owner or owners fail to comply with the order of the code official within seven (7) calendar days in such manner as provided by this code, then such owner or owners shall be deemed to have violated this code and the official may forthwith proceed to undertake and complete the work specified in such order, billing, liens and cost recovery shall be in accordance with Section 510.070 and Section 510.080 of the Richmond Heights Municipal Code.
109.1.2 Declaration of emergency securing: For open hazardous structures, the code official may declare an emergency to exist which shall waive the required seven-day owner compliance period and allow the code official to immediately cause the securing of open hazardous structures by placing a notice on the structure and after a twenty-four (24) hour period, causing the structure to be secured. Liens and recovery of costs shall be in accordance with applicable Subsections of Section 510.070 and Section 510.080 of the Richmond Heights Municipal Code. In extreme imminent public safety conditions, the twenty-four (24) hour waiting period need not be observed.
109.1.3 Notice: Whenever notice is required under Section 109.1.1,
the notice shall be deemed to be properly served when sent to owner,
postage prepaid, by regular mail and by placing a notice on the structure
on or about the main entry door. For emergencies, as specified under
Section 109.1.2, notice shall be given as prescribed in Section 109.1.2.
109.2 Secured buildings: For a building or structure to be "secured"
in those cases in which securing is specifically required by this
code, a covering shall be placed over all doors, windows or other
openings, consisting of not less than one-half (1/2) inch plywood
attached to the framing of all such doors and windows by screws of
a minimum length of one and one-half (1 1/2) inches, placed not
more than twelve (12) inches on center. Such plywood shall be painted
with a minimum of two (2) coats of exterior grade paint of a color
to harmonize with the building on which it is placed. "Harmonize"
shall mean the use of a color the same as the predominant color on
the building to be secured or one (1) similar enough so as not to
display sharp contrast.
11.
Section 111 Means of Appeal is hereby amended by deleting it
in its entirety and a new Section 111 is enacted as follows:
Section 111 Appeals from the requirements of this Code shall be made as specified in Section 500.020 of the Municipal Code.
12.
Section 113 Residential occupancy permit and Section 114 Non-Residential
occupancy permit are added to read as follows:
Section 113.0 Residential Occupancy Permit
113.1 Occupancy permit required: No person shall hereafter occupy
and no person as owner or agent thereof shall permit the occupation
of any building or addition thereto or part thereof for any purpose
until an occupancy permit has been issued by the Building Commissioner.
113.2 Occupancy permit; certificate of compliance; fees; false
statements:
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(A)
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Prior to issuance of an occupancy permit, a building shall be
inspected by the Building Commissioner for compliance with the building
and housing codes of the City of Richmond Heights.
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(B)
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The owner or agent shall request an inspection to determine
the degree of compliance. The request shall be, in writing, on an
application form available from the office of the Building Inspector.
Such inspection shall be sixty-five dollars ($65.00).
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(C)
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Premises inspected and complying with the minimum standards
of the City of Richmond Heights shall be issued a certificate of compliance.
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(D)
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The certificate of compliance shall be valid for no more than
one hundred eighty (180) days from the date of issuance. The owner
or agent of premises may allow occupancy of said building within the
one hundred eighty (180) day period, provided the tenant of resident
owner has secured an occupancy permit from the Building Commissioner
within this one hundred eighty (180) day period. The fee for such
occupancy permit shall be fifteen dollars ($15.00).
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(E)
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No person shall knowingly make a false statement in an application
for an occupancy permit concerning the names, ages, relationships,
or number of persons who shall occupy the premises for which the permit
is sought.
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(F)
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A fee of twenty dollars ($20.00) shall accompany each request
for a residential temporary occupancy permit.
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(G)
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Prior to a building, dwelling unit or tenant space being occupied,
the proposed space to be occupied shall be inspected and approved,
with an occupancy permit issued before the building owner shall allow
occupancy. Should occupancy occur prior to the issuance of an occupancy
permit, the building owner shall pay a penalty fee of one hundred
dollars ($100.00).
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113.3 Compliance with Chapter: An occupancy permit, when issued,
shall state that the proposed occupancy complies with all of the above
provisions of this Chapter, as far as can be determined by a visual
inspection of the premises and a review of the records.
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113.3.1 Temporary occupancy permit. A temporary occupancy permit for a limited time, with conditions, may be granted by the Building Commissioner only after the applicant for the permit (the owner, agent or purchaser of the premises) shall have first furnished a written statement, under oath, to the Building Commissioner setting for the reason(s) the premises cannot meet the minimum occupancy standards before occupation and the period of time requested by the applicant for temporary occupancy permit of such premises. Failure to abate all code deficiencies and to have the premises reinspected before expiration of the temporary occupancy permit will be a violation of this Section and will be subject to the penalties set forth in Section 100.150 of the Municipal Code. A temporary occupancy permit shall be granted by the Building Commissioner only upon his/her finding that total compliance with the requirements for an occupancy permit are impossible or impractical for an applicant within the time necessary and that a temporary occupancy permit is necessary to prevent undue hardship to the occupant and will not create health and/or safety risks for applicant. The temporary permit shall be granted only for such time as the Building Commissioner deems reasonably necessary to achieve full compliance, and in any event not to exceed one hundred twenty (120) days. The Building Commissioner shall also determine that the application for the temporary occupancy permit is not designed to evade or avoid the minimum occupancy permit requirements.
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Section 114.0 Non-Residential Occupancy Permit
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114.1 Responsibility: Every owner and occupant of non-residential
premises shall be responsible for maintaining the property owned or
occupied in a safe, clean and sanitary condition.
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114.2 Occupancy permits:
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(A)
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No person shall hereafter occupy nor shall any owner or agent
thereof permit the occupation 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
whenever any portion of said building becomes vacant and request an
inspection thereof under the provisions of this code. The certificate
of occupancy so issued shall state that the occupancy complies with
all applicable provisions of the Property Maintenance Code, the International
Fire Code and the Zoning Regulations, as far as can be determined
by a visual inspection of the premises and a review of the records.
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(B)
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No person shall knowingly make any false statements in an application
for an occupancy permit.
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(C)
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A temporary occupancy permit for a limited time, with conditions, may be granted by the Building Commissioner only after the applicant for the permit (the owner, agent, occupant or purchaser of the premises) shall have first furnished a written statement, under oath, to the Building Commissioner setting forth the reason(s) the premises cannot meet the minimum occupancy standards before occupation and the period of time requested by the applicant for temporary occupancy permit of such premises. Failure to abate all code deficiencies and to have the premises reinspected before expiration of the temporary occupancy permit will be a violation of this Section and will be subject to the penalties set forth in Section 100.150 of the Richmond Heights Municipal Code. The temporary occupancy permit shall be granted by the Building Commissioner only upon his/her finding that total compliance with the requirements for an occupancy permit are impossible or impractical for an applicant within the time necessary and that a temporary occupancy permit is necessary to prevent undue hardship to the occupant and will not create health and/or safety risks for applicant. The temporary permit shall be granted only for time as the Building Commissioner deems reasonably necessary to achieve full compliance, and in any event not to exceed one hundred twenty (120) days. The Building Commissioner shall also determine that the application for the temporary occupancy permit is not designed to evade or avoid the minimum occupancy permit requirements.
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114.3 Fees:
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1.
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A fee of one hundred dollars ($100.00) shall be paid to the
City and shall accompany each request for inspection and issuing of
an occupancy permit for a non-residential building or portion thereof.
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2.
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The fee of twenty dollars ($20.00) shall accompany each request
for a non-residential temporary occupancy permit.
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3.
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Prior to a building, dwelling unit or tenant space being occupied,
the proposed space to be occupied shall be inspected and approved,
with an occupancy permit issued before the building owner shall allow
occupancy. Should occupancy occur prior to the issuance of an occupancy
permit, the building owner shall pay a penalty fee of one hundred
dollars ($100.00).
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13.
Section 115 Change of user of existing utility service is added
to read as follows:
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115.0 Change of user of existing utility service:
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(A)
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For any month in which there is a change of user of residential
(rate 001) or non-residential (rate 043) electric service within the
City of Richmond Heights, the Electric Service Supplier shall notify
the City's Building Commissioner, in writing, within seven (7)
working days after the end of the month of said changes, indicating
the address and apartment of unit number, and the name(s) or electric
user(s) per service, and the address and apartment unit number of
the person in whose name the service is connected or billed.
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(B)
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The Electric Service Supplier shall submit annually to the City
an invoice for its cost associated with this Section. The initial
cost of this service shall not exceed one hundred fifty dollars ($150.00)
annually. Future price increases, if any will reflect only the actual
cost incurred by the Electric Service Supplier to provide this service.
The City shall pay the Electric Service Supplier the amount of the
invoice within thirty (30) days of its receipt.
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14.
Subsection 302.2 Grading and drainage: (page 11) is hereby amended
by adding a new
Section 302.2.1 Water runoff to read as follows:
Section 302.2.1 The disruption, diversion or damming of natural
water runoff from existing properties or an established watercourse
and causing such water to flow onto or flood adjacent properties,
public sidewalks or streets is prohibited.
15.
Subsection 302.3.1 Change in ownership (page 11) is hereby added
to read as follows:
Upon change in ownership of the property the graveled driveway
and parking area must be paved. "Paved," for the purposes of this
Section, shall mean covering of the surface of residential driveways,
parking lots and loading areas by brick or masonry; or by a combination
of aggregates and asphalt cement; or aggregates, Portland cement and
water as authorized by ordinances of the City of Richmond Heights.
16.
Subsection 302.4 Weeds (page 11) is hereby amended by inserting
seven (7) inches where it states (jurisdiction to insert height in
inches).
17.
Subsection 302.7 Accessory structures (page 11) is hereby amended
to read as follows:
All accessory structures, including detached garages, fences
and walls, shall be maintained structurally sound and in good repair
and in compliance with Sections 304 and 305 of this code.
18.
Subsection 302.8 (page 11) Motor vehicles are specifically deleted.
19.
Subsection 303.2 Enclosures (page 12) is hereby amended by deleting
forty-eight (48) inches (1,219 mm) in the fourth sentence and inserting
forty-two (42) inches.
20.
Subsection 304.1.1 Unsafe conditions (page 12) #8, is hereby
amended by deleting the words "roof framing" in the third sentence
and inserting the words "roofing components."
21.
Subsection 304.2 Protective treatment (pages 12-13) is hereby
amended by inserting after "Peeling, flaking and chipped paint," the
following: "on all surfaces, including wood, metal, vinyl, masonry
and concrete."
22.
Subsection 304.3 Premises identification (page 13) is hereby
amended by adding to the end of this Section a new paragraph:
If there is an alley accessible by emergency responder vehicles,
whether privately or publicly owned and/or maintained, numbers shall
also be placed on the alley elevation of the premises on which the
house, building or structure is located. If there is a garage or carport
fronting on an alley, house numbers shall also be placed on the alley
elevation of the garage or carport.
23.
Subsection 304.7 (page 13) Roofs and drainage is hereby amended
by adding the following exception:
Exception: No residential landowner shall be found to be in
violation of Section 304.7, in relation to discharge of roof water
onto adjacent premises if the trier of fact determines that the manner
of discharge shall have been continuous for a period of five (5) years
and the current owners of the premises from which the discharge is
occurring were not the owners of the premises at the time the manner
of discharge was created.
24.
Subsection 304.14 (page 13) Insect screens: is hereby amended
by inserting April 1 to December 1 where states [DATE].
25.
Subsection 307.1 General (page 15) is hereby deleted and a new
Section is added to read as follows:
Every stair, porch, fire escape, balcony, and all appurtenances
attached thereto shall be so constructed as to be safe to use and
capable of supporting the anticipated loads and shall be maintained
in sound condition and good repair. Every stair, porch and fire escape
shall be maintained free of hazardous conditions such as snow, ice,
mud and other debris. Every exterior and interior flight of stairs
which is more than four (4) risers high shall have a handrail on at
least one (1) side of the stair, and every open portion of a stair,
fire escape, porch, landing or balcony which has a height or thirty
(30) to seventy-two (72) inches above the grade below shall have guardrails
not less than twelve (12) inches high above the floor of the porch,
landing or balcony. Every open portion of a stair, fire escape, porch,
landing or balcony which has a height over seventy-two (72) inches
above the grade below shall have guardrails not less than thirty (30)
inches high above the floor of the porch, landing or balcony. Handrails
shall be not less than thirty (30) inches nor more than forty-two
(42) inches high, measured vertically above the nosing of the treads.
Every guardrail and handrail shall be firmly fastened and capable
of bearing normally imposed loads and shall be maintained in good
condition.
26.
Subsection 403.2 Bathrooms (page 17) is hereby amended by deleting
the words "and toilet room" from the first sentence in this Section.
27.
Subsection 404.3 (page 18) Minimum Ceiling Heights is hereby
deleted in its entirety and amended to read as follows:
404.3 Minimum Ceiling Heights. Habitable spaces shall have a
clear ceiling height over the minimum area required by this code of
not less than seven (7) feet (2,134 mm) except that in attics or top
half-stories, the ceiling height shall be not less than seven (7)
feet over not less than one-third (1/3) of the minimum area required
by this code when used for sleeping, study or similar activity. In
calculating the floor area of such rooms, only those portions of the
floor area of the room having a clear ceiling height of five (5) feet
(1,524 mm) or more shall be included. Minimum ceiling heights for
Use Groups A, B, E and M shall be seven and one-third (7.33) feet.
Exceptions: Hallways, corridors and kitchens shall have a ceiling
height of not less than seven (7) feet (2,134 mm) to the lowest projection
from the ceiling.
28.
Subsection 404.4 Bedroom and living room requirements (page
18): is specifically deleted and a new section is added to read as
follows:
404.4 Minimum Ceiling Heights for Bathrooms, Toilet Rooms and
Basements. Every dwelling unit shall have at least one (1) bathroom
with a minimum ceiling height of seven (7) feet. Additional bathrooms
and toilet rooms may have a reduced ceiling height. Basement rooms
in one- and two-family dwellings, occupied exclusively for laundry,
study or recreation purposes shall have a ceiling height of not less
than six (6) feet eight (8) inches with not less than six (6) feet
four (4) inches of clear height under beams, girder, ducts and similar
obstructions.
29.
Subsection 404.4.1 Room area (page 18): is specifically deleted.
30.
Subsection 404.4.2 Access from bedrooms (page 18): is specifically
deleted.
31.
Subsection 404.4.3 Water closet accessibility (page 18): is
specifically deleted.
32.
Subsection 404.5 (page 18): is hereby deleted and amended to
read as follows:
404.5 Overcrowding: Dwelling units shall not be occupied by
more occupants than permitted by the minimum occupancy area requirements
of Subsection 404.5.1.
33.
Subsections 404.5.1 and 404.5.2 (page 18): are hereby deleted
and a new Section 404.5.1 is added to read as follows:
404.5.1 Minimum area requirements per person: Every dwelling
unit shall have a minimum of one hundred sixty (160) square feet of
habitable floor area for each occupant. In calculating the number
of occupants allowed per dwelling unit, if the resulting fraction
is eight-tenths (0.8) person or above, the number of permitted occupants
shall be rounded off to the next whole number. Persons with a valid
occupancy permit to occupy a particular dwelling unit, who would otherwise
not be allowed to occupy the premises as a result of this Subsection,
may continue to occupy that dwelling unit, provided there is no increase
in the number of occupants.
34.
Subsection 404.6 (page 18) Efficiency unit: is specifically
deleted.
35.
Subsection 505.3 (page 22) Supply: is hereby amended by adding
the following to the end of the sentence.
The minimum gallons per minute required from the hot or cold
water lines to sinks shall be three-fourths (3/4) of a gallon per
minute and for tubs two (2) gallons per minute.
36.
Subsection 602.3 (page 23) Heat supply: is hereby amended by
inserting.
October 1 to May 15 where it states [DATE] and deleting Exceptions
#1 and #2 in their entirety and a new Exception added to read as follows:
When the exterior temperature falls below zero degree Fahrenheit
(0° F.) (-18° C.) and the heating system is operating at its
full capacity, a minimum room temperature of sixty degrees Fahrenheit
(60° F.) (16° C.) shall be maintained at all times.
37.
Subsection 602.4 (page 23) Occupiable work spaces: is hereby
amended by inserting October 1 to May 15 where it states [DATE].
38.
Subsection 605.2 (page 24) Receptacles: is hereby amended to
read as follows:
605.2 Receptacles. Every habitable space in a dwelling shall
contain at least two (2) separate and remote receptacle outlets. Every
laundry area and bathroom shall contain at least one (1) grounded-type
receptacle or a receptacle with a ground fault circuit interrupter.
39.
Subsection 702 (page 27) Means of Egress: is hereby amended
by adding a new Section 702.1.1 to read as follows:
702.1.1 Accumulations: Waste, refuse, or other materials shall
not be allowed to accumulate in stairways, passageways, doors, windows,
fire escapes or other means or egress.
40.
Subsection 702.4 (page 27) Emergency escape openings: is hereby
amended by adding to the end of this Section the following:
Every sleeping room located in a basement shall have at least
one (1) openable window or exterior door approved for emergency egress
or rescue; or shall have access to two (2) independent exits.
41.
Subsection 704.7 (page 31) Single and multiple station smoke
alarms: is hereby amended by adding a new Section 704.7.1 to read
as follows:
704.7.1 Responsibilities: In Residential groups as defined in
the International Building Code, and the International Residential
Code, the owner shall be responsible for testing and maintaining smoke
detectors in common areas. It shall be the responsibility of the tenant
to provide and maintain functional batteries for each smoke detector
and to test and maintain smoke detectors within their dwelling units
and to notify the owner or authorized agent, in writing, of any deficiencies.
The owner shall be responsible for providing each tenant with written
information regarding smoke detector testing and maintenance.
