City of Herculaneum, MO Chapter 500 Building Code Regulations

Editor's Note — Ord. no. 04-036 §1, repealed this ch. 500 "building construction code" and enacted the new provisions set out herein. Former ch. 500 derived from ord. no. 400 §§1,3, 3-12-90; ord. no. 505 §1, 4-22-91; ord. no. 572, 10-3-94; ord. no. 604 §§1 — 2, 2-10-97; ord. no. 608 §§1 — 2, 5-27-97; ord. no. 98-023, 11-9-98; ord. no. 99-010. 2-22-99; ord. no. 99-011 §§1 — 2, 3-22-99; ord. no. 99-015 §§1 — 3, 5-10-99; ord. no. 99-017, 6-28-99; ord. no. 99-021, 8-9-99; ord. no. 99-024, 9-7-99; ord. no. ord. no. 00-022, 10-9-00; ord. no. 02-014 §1, 6-10-02.

Article I Code Adoptions

Section 500.010 Technical Code Adoptions.

[Ord. No. 02-2018, 1-8-2018[1]]

A. The City of Herculaneum hereby adopts the following codes, subject to the amendments to said codes set forth in the remainder of this Article.

The International Building Code, First Edition, 2015, and its appendices,

The International Fire Code, First Edition, 2015, and its appendices,

The International Residential Code, First Edition, 2015, and its appendices,

The International Property Maintenance Code, First Edition, 2015, and its appendices,

The International Plumbing Code, First Edition, 2015, and its appendices,

The International Energy Conservation Code, First Edition, 2015, and its appendices,

The International Mechanical Code, First Edition, 2015, and its appendices,

The International Fuel Gas Code, First Edition, 2015, and its appendices,

The International Existing Building Code, First Edition, 2015, and its appendices,

The National Electrical Code, 2014 Edition, and its appendices,

All as published by, The International Code Council, Inc., and to be collectively referred to as the "Building Code."

B. These regulations shall be known as the Herculaneum Building Code and will be referred to herein as the "Building Code."

C. The Building Code is adopted subject to the amendments set forth in this Article:

[1] Editor's Note: Former Article I of Chapter 500, Code Adoptions, containing Sections 500.010 through 500.079, was repealed 1-8-2018 by Ord. No. 02-2018.

Section 500.015 International Building Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. The International Building Code. The following shall be added to, inserted, deleted, or changed in the International Building Code, 2015 First Edition, as follows.

1. B-101.1 1 Title. Delete and add the following:

These regulations shall be known as the Building Code of the City of Herculaneum, hereinafter referred to as "this code."

2. B-105.2 Work Exempt From Permit. Is amended by deleting #1 accessory structures, #2 fences, #4 retaining walls, #5 water tanks, and #12 window awning.

3. B-109.2 Schedule Of Permit Fees. Add the following:

4. B-109.2.1 Inspection And Permit Fees. Before a Permit can be issued, pursuant to the following schedule, Inspection and Permit fees must be paid.

5. B109.2.2 Inspection Fees:

	1.	Occupancy permits	$30.00
	2.	Demolition permits	$100.00
	3.	Temporary electric	$40.00
	4.	Land Disturbance/Erosion permits	$30.00
	5.	Sign permit	$50.00
	6.	Sprinkler Fee: 1-100 Heads	$200.00
		101 — 200 Heads	$225.00
		201 — 300 Heads	$250.00
		301 — 400 Heads	$275.00
		401 — 500 Heads	$300.00
		Over 500 Heads	$300.00 + $0.25 per sprinkler head
	7.	Fire Alarms	Construction cost as defined in B-109.2.3
	8.	Hood Systems	Construction cost as defined in B-109.2.3
	9.	Residential Sprinkler System	N/C
	10.	Recreational Bonfire permits	N/C

6. B-109.2.3 Schedule Of Permit Fees. Add the following:

Fees are based on the construction cost. This cost is based on the figures obtained from the quarterly magazine received from the Building Safety Journal issued by International Code Council (ICC).

The fee for issuance of a building permit for all new buildings and additions shall be set by the following formula; (cost per square foot) times (square footage) times (fee multiplier of 0.004). When two hundred fifty thousand dollars ($250,000.00) in construction costs is reached, the fee multiplier for all additional costs will drop to (0.002). The fee for issuance of all remodeling permit shall be set by the following formulas. For residential (cost per square foot) times (square footage) times (0.002). For commercial (cost per square foot) times (square footage) times (0.001). Cost per square foot will be taken from the current Building Safety Journal issued by International Code Council (ICC).

The fee for the issuance of all other residential building permits which are not based on square footage is based on calculated construction costs, at the following rate: ten dollars and fifty cents ($10.50) for the first five hundred dollars ($500.00) of cost, or any part thereof, one dollar and ten cents ($1.10) for each additional five hundred dollars ($500.00)) of cost, or any part thereof up to a total of one hundred fifty thousand dollars ($150,000.00) and sixty cents ($0.60) for each one thousand dollars ($1,000.00) for fraction thereof over one hundred fifty thousand dollars ($150,000.00) with a minimum fee of thirty dollars ($30.00).

The fee for the issuance of all other commercial and industrial permits which are not based on square footage is based on calculated construction costs, at the following rate: eleven dollars ($11.00) for the first five hundred dollars ($500.00) of cost, or any part thereof, plus two dollars and fifty cents ($2.50) for each additional five hundred dollars ($500.00)) of cost, or any part thereof up to two hundred thousand dollars ($200,000.00) then one dollar and fifty cents ($1.50) per one thousand ($1,000.00) or part thereof up to eight hundred thousand dollars ($800,000.00), then one dollar and eighty cents ($1.80) per one thousand dollars ($1,000.00) of cost or any part thereof with a minimum fee of fifty dollars ($50.00).

7. B109.2.3.1 Additional Costs. Add a new paragraph:

(A)

In addition to the permit fees and inspections fees provided for herein, all reasonable costs and fees charged to the City, such as a professional site and building plan review, inspection and permit fees, testing fees, and all other City expenses substantially related to the application review, when deemed necessary by the Building Official, shall be paid by the applicant before issuance of any permit or approval requested by the applicant.

8. B109.2.3.2 Re-Inspection Fees.

First re-inspection fee	N/C
Second re-inspection fee	$40.00
Third re-inspection fee	$80.00

9. B-113 Appeals. Delete in its entirety and add the following:

An owner, agent, operator or occupant aggrieved by an order by the Building Official may present an appeal to the Board of Adjustment within ten (10) days of the service of such order and the Board of Adjustment shall fix a time and place when and where such appeal may be heard. Such appeal shall stay the execution of such order until it has been heard and reviewed, vacated, or confirmed. The Board of Adjustment shall at such hearing may affirm, modify, revoke, or vacate such order. Unless revoked or vacated, such order shall then be enforced. Nothing herein contained shall be deemed to deny the right of any person, firm, corporation or voluntary association to appeal from an order or a decision of the Board of Adjustment to a court of competent jurisdiction. Such appeal shall stay the execution of such order until it has been heard and reviewed, vacated or confirmed.

10. B-114.2 Notice Of Violation. Add the following:

Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair or do work in violation of the approved construction documents or construction of the Building Official, or of a permit or certificate used under provisions of this code, shall be guilty of a Class B misdemeanor, as described in Section 321.600, RSMo., punishable by a fine of not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

11. B-114.2.1 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, sewage or plumbing system before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual fee in addition to the required permit fee.

12. B-406.1.4 Separations. Delete and add the following:

Private garages and carports shall be separated from the residence and its attic area by means of minimum five-eighths (5/8) inch fire rated drywall applied to the garage side. Drywall seams in walls must be taped and covered with joint compound, and nail heads covered with joint compound. Garage door supports and brackets must be installed over the drywall. Door openings between the garage and the residence shall be equipped with either solid wood door not less than one and three-fourths (1 3/4) inches thick or steel doors with a minimum fire rating of twenty (20) minutes. This type of door must bear a label stating the hourly rating. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Exposed ductwork and plumbing are not allowed, and must be covered with five-eighths (5/8) inch fire rated drywall. Floor surfaces shall be of an approved noncombustible material. The area of floor used for parking of automobiles or other vehicles shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway.

13. B-1205.4 Stairway Illumination. Delete and add the following:

Where lighting outlets are installed in interior stairways, there shall be a wall switch at each floor level to control the lighting outlet where the difference between floor levels is six (6) steps or more. (Per the NEC Section 210-70 lighting outlets required.)

14. B-1209.2 Attic Spaces. Delete and add the following:

An opening not less than twenty-two and one-half (22 1/2) inches by thirty (30) inches shall be provided to any attic area having a clear height of over thirty (30) inches. A thirty-inch minimum clear headroom in the attic space shall be provided at or above the access opening. Where complete access is not obtained throughout the attic, additional attic accesses shall be required as approved by the Building Official.

15. B-1209.2.1 Closets. Add a new Subsection:

Attic accesses are not to be located in any closet unless the finished dimensions of the closet are greater than eight (8) feet by ten (10) feet; any such access must be centrally located.

16. B-1209.2.2 Garage Attic Access. Add a new Subsection:

Attic access is allowed to be one (1) layer of five-eighths (5/8) inch Type X Drywall supported by two (2) by four (4) construction. If pull down stairs are used then they must be one-hour fire rated.

17. B-1807.2.1 Retaining Walls is deleted and substituting "Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning. Retaining walls six (6) foot or greater shall be designed by an engineer."

"Exception: Poured concrete and wood crafted retaining walls not exceeding six (6) feet in height shall not require engineering but shall meet all other design requirements. Premanufactured block retaining systems of a modular nature shall follow manufacturer's specifications. Modular retaining wall systems over six (6) feet in height shall require engineered design supervision. Retaining walls of wood construction shall be preservative treated in accordance with Chapter 23 of this code."

18. B-1902.12 Cold Weather Requirements is amended by changing:

". . .shall comply with the requirements of ACI 318, Section 5.12" to read ". . . shall comply with the following:

1.	Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near-freezing weather;
2.	Concrete materials and reinforcement, forms, fillers and ground with which concrete is to come in contact shall be free from frost;
3.	Frozen materials or materials containing ice shall not be used;
4.	Placement of concrete shall not occur when temperatures fall below twenty-eight degrees (28°)."

19. B-2902.1 Minimum Numbers of Fixtures is amended by adding: "Temporary occupancies as permitted by Section 108 shall comply with ANSI Z4.3, for Non-Sewered Waste-Disposal Systems."

Section 500.020 International Fire Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018; Ord. No. 07-2020, 2-3-2020[1]]

A. International Fire Code 2018. The following shall be added to, inserted, deleted, or changed in the International Fire Code, 2018 First Edition, as follows.

1. F-101.1 Title. Delete and add the following:

These regulations shall be known as the Fire Code of City of Herculaneum, hereinafter referred to as "this code."

2. F-103.2 Appointment. Amend by deleting the words "Fire Code Official" wherever it appears and substitute the words "Building Official."

3. F104.11.4 Electrical Systems To Be Energized.

At the time of the final inspection or temporary occupancy the service equipment and panel box shall be energized by either a temporary electric or the permanent system or by using portable power source or as approved by the Building Inspector.

4. F-108 Board Of Appeals. Delete in its entirety and refer to B-113.

5. F-109.4 Violations penalties, insert the following:

Class B Misdemeanor, five hundred dollars ($500.00) and three hundred sixty-five (365) days.

6. F-113 Fees. Delete in its entirety and refer to B-109.2 Schedule of Permit Fees.

7. F-316.6.2 Identifying Buildings With Engineered Roof And/Or Floor Trusses.

All new and existing commercial and residential structures shall be placarded with an identifying sticker approved by the Fire Marshal that designates whether the structure has engineered roof trusses or engineered floor trusses. Said sticker shall be applied to the electrical meter can or box so that it will be readily seen by inspectors or firefighters for their safety during or after a fire or investigation.
1.	A (T) on the sticker indicates a lightweight truss.
2.	An (E) on the sticker indicates a lightweight engineered floor construction.
3.	A decal with a (T) at the top and an (E) at the bottom states the structure has lightweight truss construction utilizing gusset plates and lightweight engineered floor construction.
4.	A decal with no markings at the top or bottom states that the structure has neither lightweight roof nor lightweight engineered floor construction.

8. F-503.3.1 Location Of Signs. Add a new Subsection:

NO PARKING — FIRE LANE Signs shall be located as follows:
This is the responsibility of the property owner or subdivision governing body.
1.	On the side property line or in the road easement as approved by the Building Official.
2.	Three hundred (300) feet spacing between signs or as directed by the Building Official.
3.	Signs must be mounted on a ten-foot post placed in the ground a minimum of three (3) feet and reinforced with concrete.
4.	Marking in cul-de-sac a min. of three (3) signs or two (2) signs and paint the curb red.

9. F-506 Key Boxes. Add in Subsection.

10. F-506.2.1 Installation. The Key-Box system shall be installed as follows:

1.	Recessed mount. All new construction shall have recessed mount. When five (5) or more units are in one (1) structure one (1) key box system is required. All shall have a master key or approval by the Building Official. The box shall be installed a minimum of five (5) feet but no more than six (6) feet above finished grade.
2.	Surface mount. The box shall be installed a minimum of five (5) feet but no more than six (6) feet above finished grade.
3.	Rapid Entry Key Switch or Lock.
	The Building Official shall approve the location of the switch.
4.	Residential Box.
	The box shall be mounted at a location close to the front door or mounted on the door as directed by the Building Official.

11. F-511 Construction Decals. Add new Section:

Construction decals will be placed on the electrical meter cans. There will be four (4) types of decals to choose from depending on the type of construction. These decals are designed to give the firefighters an idea of what dangers they may be faced with regarding the building's construction.

12. F-511.1 Construction Decal Types.

1.	A decal with just a (T) at the top states the structure has lightweight truss construction using gusset plates.
2.	A decal with just a (E) at the bottom states the structure has a lightweight engineered floor construction.
3.	A decal with a (T) at the top and (E) at the bottom states the structure has lightweight truss construction utilizing gusset plates and lightweight engineered floor construction.
4.	A decal with no marking at the top or bottom states that the structure has neither lightweight roof nor lightweight engineered floor construction.

13. F-511.2 Removing Construction Decals.

It shall be unlawful for any person or persons to remove the construction decal. If removed without consent from the Fire Department it shall constitute as a violation and be punishable under code Section 114 of the IBC.

14. F-703.5 Carport/Garage Separations. Add a new Subsection:

An existing wall that separates a garage and a living area shall be maintained with drywall without any holes, untaped joints or the like. The Fire Official may approve other wall coverings.
A.	Where no wall or ceiling separates a garage that abuts a living area, such a wall or ceiling shall be constructed with five-eighths (5/8) inch, Type X Drywall. All joints must be covered by tape and joint compound, and all nails covered by joint compound.
B.	Carports must be separated from the house by some type of separation wall.
C.	Any door separating the living space and a garage or carport must be at least one and three-fourths (1 3/4) inch with a solid core or labeled twenty-minute rated. Garage door brackets must be sealed tightly to the ceiling. Windows installed in a separation door or wall shall be removed or the glass must be of an approved type.
D.	Every post, beam, and all plumbing and ductwork exposed in the garage shall be covered with five-eighths (5/8) inch Type X Drywall.
E.	Pull down stairs in the garage ceiling shall be removed or replaced with fire rated pull down stairs.
F.	Attic access in the garage shall be held in place with two (2) by four (4) construction.
G.	All separation walls and ceiling shall have all holes patched, garage door brackets mud and taped, and exposed paper face insulation covered.

15. F-703.6 Heating Equipment In Residential Garage. Add a new Subsection:

All heating equipment shall be separated from the garage by approved separation walls when used for home heating. Heating equipment ignition source approved for use in the garage shall be maintained six (6) feet above the garage floor. Heat registers that are connected to the home heating system opened into the garage must be permanently closed off.
	Exception:
	Appliances located in the private garage shall not apply to this requirement where the appliances are used for heating of the garage, protected from motor vehicle impact and installed in accordance with M-304.3.

16. F-703.7 Venting Of Clothes Dryers. Add a new Subsection:

Clothes dryer exhaust shall be independent of all other systems and shall be vented to the exterior. The clothes dryer vent shall not pass thru the garage.

17. F-901.6.2.2 Inspection Records. Add new Section: Inspection Record: Add a new Subsection:

All inspections recorded will need to be forward to the office of the Fire Marshal within thirty (30) days from the time of inspection.

18. F-901.6.2.2.1 Fusible Link And Heads. Add new Section:

All fusible links and heads that are required to be replace annually or bi-annually will need to hung by the pull station for fire suppress system.

19. F-905.3.1 Height. Delete thirty (30) feet and change to twenty (20) feet.

20. F-903.3.5.3 Post Indicator Valves. Add new Section:

21. F-903.1.2 Post Indicator Valves. Add a new Subsection:

All sprinkler systems, except limited area sprinkler systems and residential systems, shall be approved with a post indicator valve (PIV) shall control the water supply to all automatic fire sprinkler systems in the building.

22. F-907.2.11.5 Interconnection. Add Exceptions. Insert:

1.	Interconnection is not required in buildings that are not undergoing alteration, repairs or construction of any kind.
2.	Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without removal of interior finishes.

23. F-907.2.11.8 Carbon Monoxide Detectors. Add a new Subsection:

A carbon monoxide detector shall be located outside each sleeping area on the ceiling or wall and within the vicinity of each bedroom door. When the smoke detectors are interconnected a combination smoke alarm and carbon monoxide detector may be installed in place of the smoke detector in the hallway. A carbon monoxide detector shall be installed in each bedroom that contains a fuel burning appliances or fuel-burning fireplace.
	Exceptions:
	1.	A home without attached garage.

24. F-907.10 Faulty Alarms. Add a new Section:

False Alarm: Any activation of an alarm system intentionally or by inadvertence, negligence, or unintentional act to which the Fire Department responds, including activation caused by the malfunction of the alarm system, except that the following shall not be considered false alarms:
A.	When the Fire Chief determines that the alarm has been caused by the malfunction of the indicators at the alarm-dispatching agency;
B.	When the Fire Chief determines that the alarm had been caused by damage, testing or repair of the telephone equipment or lines by the telephone company, provided that such incidents are promptly reported to the telephone company;
C.	When an alarm is intentionally caused by an occupant or resident acting under a reasonable belief that a need exists to call the Fire Department.

25. F-907.10.1 Condition:

No person, corporation, firm or other entity owning or occupying any premises within the boundaries of the City, in or on which premises is installed an automatic fire alarm, fire detection or sprinkler system shall transmit false alarms to any alarm dispatching agency.

26. F-907.10.2 Tampering:

It shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required or so installed, except that the owner or occupant may temporarily reduce or discontinue the protection where necessary to make test, repairs, alterations, or additions. The Fire Department shall be notified before such test; tapers, alterations, or additions are to be effected and upon completion shall be advised of the extent of any such work for additional requirements.

27. F-907.10.3 Notification To Fire Department When Out Of Service:

Whenever an alarm is to be out of service for repairs, it shall be the owner's or occupant's responsibility to determine that the serviceman performing such repairs has notified the Fire Department of the pending shut-off prior to such action. When an alarm system has Central Station Supervision, the company providing such service shall also be notified of said action.

28. F-907.10.4 Penalty To Notify:

Failure to notify the alarm dispatching organization or the district of a system shut-off and the repairs which result in unnecessary alarm being transmitted to the Fire Department will subject the owner or occupant to a fine of one hundred dollars ($100.00) for each false alarm, in addition to any other penalties this Code may provide.

29. F-907.10.5 System In Disrepair:

Should any such alarm system transmit any false alarm to the Fire Department, either directly or through a central dispatching agency, or should inspection of any such system by any officer of the Fire Department reveal a condition such that the system is likely to transmit a false alarm, the owner or occupant of the premises shall take such remedial action as necessary, and shall make or cause to be made such adjustments and repairs to the alarm system as the Building Official shall order. An order by the Building Official shall be completed within twenty-four (24) hours after such order has been given.

30. F-907.10.6 Charges Of False Alarms:

All false alarms to which the Fire Protection responds shall result in the following charges to the alarm system's owner or occupant:

31. F-907.10.7 First False Alarm:

A warning for the first false alarm in any calendar year.

32. F-907.10.8 Second False Alarm:

Fifty dollars ($50.00) charge for the second false alarm in any calendar year.

33. F-907.10.9 Third False Alarm:

One hundred dollars ($100.00) service charge for the third and any subsequent false alarm in any calendar year.

34. F-907.10.10 Payment:

Upon determination by the Fire Chief that a false alarm has occurred, the Fire Department shall send a notice to the alarm user of the determination and directing the payment of the appropriate service charge within thirty (30) days.

35. F-907.10.11 Cancellation:

The Fire Department may cancel any notice or service charge upon satisfactory proof by the alarm user that a particular alarm falls within the exceptions enumerated in the foregoing Sections.

36. F-907.10.13 Refusal:

Willful refusal to pay any such charge within thirty (30) days following notice shall constitute a violation of this code.

37. F-907.10.13 Twelve (12) Months, No False Alarms:

If the owner or occupant of a building continues through a twelve-month period without a faulty or false alarm, they shall begin at a new faulty or false alarm signal period.

38. F-907.10.14 Monitoring. Add new Subsection:

All fire alarm systems shall be monitored by an approved central station as defined in NFPA 72. A UL Certificate (UUFX or UUJS) or FM Placard or other approved documentation, in accordance with the NFPA 72 Chapter 26, shall be issued by the approved prime contractor for all newly installed fire alarm system. This regulation shall apply to all new fire alarm systems. An existing fire alarm system wherein the fire alarm control unit or alarm components are to be replaced shall be considered new for the purposes of this Section. Also, any existing fire alarm system where four (4) or more "faulty" false alarms (determined to be from a system malfunction) occur in a one-month period shall be subject to the same documentation requirement as a new fire alarm system. Central station service in full compliance with NFPA 72 Chapter 26 shall be maintained at the protected property, so long as the fire alarm system exists.
Exception. Monitoring by an approved central station is not required for:
1.	Single- and multiple-station smoke alarms required by Section 907.2.11.
2.	Smoke detectors in Group 1-3 occupancies.
3.	Automatic sprinkler systems in one- and two-family dwellings.
4.	Fire alarm systems monitored by a proprietary monitoring system in accordance with NFPA 72 Chapter 26 for which a UL Certificate (UUKA) or FM or other approved documentation has been issued, as approved by the Fire Code Official.
For the purposes of this Section, a "faulty" false alarm is an alarm caused by a malfunction of a system or an accidental activation. Such alarms will be evaluated on a case-by-case basis at the discretion of the Fire Code Official.

39. F-907.10.15 Fire Alarm System Control Panel. Add new Subsection:

A fire alarm system control panel or an approved fire alarm system annunciator panel shall be installed at the building main entrance, at a location approved by the Fire Code Official.

40. F-907.10.16 Temporary Operations. Add new Subsection.

Temporary dust, smoke, steam or heat producing operations in areas protected with smoke or heat detection shall not commence until the detection devices in the area have been removed and a temporary impairment plan is implemented as required by Section 901. The alarm system shall be restored after completion of dust, smoke or steam producing operations.

41. Section 3801 General.

a. 3801.1 Scope. Higher education laboratories complying with the requirements of this Chapter shall be permitted to exceed the maximum allowable quantities of hazardous materials in control areas set forth in Chapter 50 without requiring classification as a Group H occupancy. Except as specified in this Chapter, such laboratories shall comply with all applicable provisions of this code and the International Building Code, First Edition, 2015.

b. 3801.2 Application. The provisions of this Chapter shall be applied as exceptions or additions to applicable requirements of this code. Unless specifically modified by this Chapter, the storage, use and handling of hazardous materials shall comply with the provisions in Chapters 50 through 67 and the International Building Code, First Edition, 2015, for quantities not exceeding the maximum allowable quantity.

42. Section 3802 Definitions.

a. 3802.1 Definitions.

CHEMICAL FUME HOOD

A ventilated enclosure designed to contain and exhaust fumes, gases, vapors, mists and particulate matter generated within the hood.

GLOVE BOX

A sealed enclosure in which items inside the box are handled exclusively using long gloves sealed to ports in the enclosure.

HIGHER EDUCATION LABORATORY

Laboratories in Group B occupancies used for educational purposes above the 12th grade. Storage, use and handling of chemicals in such laboratories shall be limited to purposes related to testing, analysis, teaching, research or developmental activities on a non-production basis.

LABORATORY SUITE

A fire-rated enclosed laboratory area that will provide one (1) or more laboratory spaces, within a Group B educational occupancy, that are permitted to include ancillary uses such as offices, bathrooms and corridors that are contiguous with the laboratory area, and are constructed in accordance with Chapter 38.

SPECIAL EXPERT

An individual who has demonstrated qualifications in a specific area, outside the practice of architecture or engineering, through education, training and experience.

43. Section 3803 General Safety Provisions.

a. 3803.1 Scope. Laboratories and laboratory suites applying the requirements of this Chapter shall be in accordance with the general safety provisions in Sections 3803.1.1 through 3803.2.2.

b. 3803.1.1 Chemical safety reviews. Operating and emergency procedures planning and documentation shall be provided in accordance with Sections 5001.3.3.11 through 5001.3.3.17. Such documentation shall be prepared by laboratory safety personnel or special experts, and shall be made available in the workplace for reference and review by employees. Copies of such documentation shall be made available to the Building Official for review upon request.

c. 3803.1.2 Chemical handling. Receiving, transporting on site, unpacking and dispensing of hazardous materials shall be carried out by persons trained in proper handling of such materials and shall be performed in accordance with Chapters 50 through 67, as applicable.

d. 3803.1.3 Warning signage. Warning signs shall be provided in accordance with Section 5003.5.

e. 3803.1.4 Maintenance of equipment, machinery and processes. Maintenance of equipment, machinery and processes used with hazardous materials shall comply with Section 5003.2. 6.

f. 3803.1.5 Time-sensitive materials. Containers of materials that have the potential to become hazardous during prolonged storage shall be dated when first opened, and shall be managed in accordance with NFPA 45, Section 8.2.4.4.1.

g. 3803.1.6 Hazardous wastes. Storage, dispensing, use and handling of hazardous waste shall comply with this Chapter and Chapters 50 through 67, as applicable.

h. 3803.1.7 Automatic fire-extinguishing systems. New laboratories in new or existing buildings that increase maximum allowable quantities of hazardous materials based on the requirements in this Chapter shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

i. 3803.2 hazardous materials storage and use. Hazardous materials storage, handling and use in laboratories and laboratory suites complying with Chapter 38 shall be in accordance with this Chapter and Chapters 50 through 67.

j. 3803.2.1 Container size. The maximum container size for all hazardous materials shall be five and three-tenths (5.3) gallons (20 L) for liquids, fifty (50) pounds (22.7 kg) for solids, one hundred (100) cubic feet (2.83 m³) for health-hazard gases per Table 5003.1.1(2) and five hundred (500) cubic feet (14.15 m³) for all other gases in accordance with Table 5003.1.1(1).

Exception: Hazardous waste collection containers, for other than Class I flammable liquids and Class II combustible liquids, are permitted to exceed five and three-tenths (5.3) gallons (20 L) where approved.

k. 3803.2.2 Density. Quantities of Class I flammable liquids in storage and use shall not exceed eight (8) gallons (30 L) per one hundred (100) square feet (9.29 m²) of floor area. Densities shall be reduced by twenty-five percent (25%) on the 4th through 6th floors of the building, and by fifty percent (50%) above the 6th floor. Regardless of the density, the maximum allowable quantity per control area or laboratory suite in accordance with this Chapter, shall not be exceeded.

Exception: Designated hazardous waste collection areas or rooms within a laboratory suite or control area are not limited, but such materials shall not exceed the maximum allowable quantity per laboratory suite or control area.

44. Section 3804 Laboratory Suite Construction.

a. 3804.1 General. Where laboratory suites are provided, they shall be constructed in accordance with this Chapter and Section 428 of the International Building Code.

b. 3804.1.1 Laboratory suites. The number of laboratory suites and percentage of maximum allowable quantities of hazardous materials in laboratory suites shall be in accordance with Table 3804.1.1.

c. 3804.1.1.1 Separation from other non-laboratory areas. Laboratory suites shall be separated from other portions of the building in accordance with the most restrictive of the following:

1.	Fire barriers and horizontal assemblies as required in Table 3804.1.1. Fire barriers shall be constructed in accordance with Section 707 of the International Building Code, First Edition, 2015, and horizontal assemblies shall be constructed in accordance with Section 711 of the International Building Code, First Edition, 2015.
	Exception: Where an individual laboratory suite occupies more than one (1) story, the fire-resistance rating of intermediate floors contained within the laboratory suite shall comply with the requirements of the International Building Code, First Edition, 2015.
2.	Separations as required in Section 508 of the International Building Code, First Edition, 2015.

d. 3804.1.1.2 Separation from other laboratory suites. Laboratory suites shall be separated from other laboratory suites in accordance with Table 3804.1.1.

e. 3804.1.1.3 Floor assembly fire-resistance. The floor assembly supporting laboratory suites and the construction supporting the floor of laboratory suites shall have a fire-resistance rating of not less than two (2) hours.

Exception: The floor assembly of laboratory suites and the construction supporting the floor of laboratory suites are permitted to be 1-hour fire-resistance rated in buildings of Types IIA, IIIA and VA construction, provided that the building is three (3) or fewer stories.

Table 3804.1.1 Design And Number Of Laboratory Suites Per Floor
Floor Level		Percentage Of The Maximum Allowable Quantity Per Lab Suitea	Number Of Lab Suites Per Floor	Fire-Resistance Rating For Fire Barriers In Hoursb
Above grade plane	21+ 16-20 11-15 7-10 4-6 3 1-2	Not allowed 25 50 50 75 100 100	Not allowed 1 1 2 4 4 6	Not allowed 2c 2c 2c 1 1 1
Below grade plane	1 2 Lower than 2	75 50 Not allowed	4 2 Not allowed	1 1 Not allowed

a.	Percentages shall be of the maximum allowable quantity per control area shown in Tables 5003.1.1(1) and 5003.1.1(2) with all increases allowed in the footnotes to those tables.
b.	Fire barriers shall include walls, floors and ceilings necessary to provide separation from other portions of the building.
c.	Vertical lire barriers separating laboratory suites from other spaces on the same floor are permitted to be 1-hour rated.

f. 3804.1.1.4 Maximum number. The maximum number of laboratory suites shall be in accordance with Table 3804.1.1. Where a building contains both laboratory suites and control areas, the total number of laboratory suites and control areas within a building shall not exceed the maximum number of laboratory suites in accordance with Table 3804.1.1.

g. 3804.1.1.5 Means of egress. Means of egress shall be in accordance with Chapter 10.

h. 3804.1.1.6 Standby or emergency power. Higher education laboratory suites shall be provided with emergency or standby power in accordance with Section 1203.2.13.

i. 3804.1.1.7 Ventilation. Ventilation shall be in accordance with Chapter 7 of NFPA 45, and the International Mechanical Code.

j. 3804.1.1.8 Liquid-tight floor. Portions of laboratory suites where hazardous materials are present shall be provided with a liquid-tight floor.

k. 3804.1.1.9 Automatic fire-extinguishing systems. Buildings containing laboratory suites shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

l. 3804.1.2 Percentage of maximum allowable quantity in each laboratory suite. The percentage of maximum allowable quantities of hazardous materials in each laboratory suite shall be in accordance with Table 3804.1.1.

45. Section 3805 Non-Sprinklered Laboratories.

a. 3805.1 Scope. Storage and use of hazardous materials in existing laboratories located within existing buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 is permitted where such use complies with Section 3803, Chapters 50 through 67, as applicable, and Sections 3805.2 through 3805.4.

b. 3805.2 Non-sprinklered laboratories. The maximum allowable quantities of hazardous materials in storage and use in control areas in laboratories located in buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 shall be in accordance with Tables 5003.1.1(1), 5003.1.1(2) and 5003.8.3.2, except as modified by Sections 3805.2.1 and 3805.2.2.

c. 3805.2.1 Restricted materials storage. Where approved by the Building Official, storage of the following hazardous materials prohibited by Table 5003.1.1(1) in buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 shall be allowed within a laboratory control area at twenty-five percent (25%) of Table 5003.1.1(1) limits for a building equipped throughout with an automatic sprinkler system.

1.	Pyrophorics.
2.	Class 4 Oxidizers.

Additional quantity increases shall be prohibited, and such materials shall be stored in accordance with all of the following:
1.	Containers shall be completely sealed and stored in accordance with the manufacturers' recommendations.
2.	Storage shall be within approved hazardous material storage cabinets in accordance with Section 5003.8.7, or shall be located in an inert atmosphere glove box in accordance with NFPA 45, Section 7.11.
3.	The storage cabinet or glove box shall not contain any storage of incompatible materials.

d. 3805.2.2 Restricted materials use. Where approved by the Building Official, use of the following hazardous materials prohibited by Table 5003.1.1(1) in buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, shall be allowed within a laboratory control area at twenty-five percent (25%) of Table 5003.1.1(1) limits for buildings equipped throughout with an automatic sprinkler system.

1.	Pyrophorics.
2.	Class 4 Oxidizers.

Additional quantity increases shall be prohibited, and such materials shall be stored in accordance with all of the following:
1.	Use shall be within an approved chemical fume hood listed in accordance with UL 1805, or in an inert atmosphere glove box in accordance with NFPA 45, Section 7.11, or other approved equipment designed for the specific hazard of the material.
2.	Combustible materials shall be kept not less than two (2) feet (610 mm) away from the work area, except for those items directly related to the research.
3.	A portable fire extinguisher appropriate for the specific material shall be provided within twenty (20) feet (6,096 mm) of the use in accordance with Section 906.

e. 3805.3 Restricted materials automatic fire detection. An automatic fire detection system shall be installed in all existing laboratories in non-sprinklered buildings in accordance with this Section. Detectors shall be connected to the building's fire alarm control unit where a fire alarm system is provided. Detector initiation shall activate the occupant notification system in accordance with Section 907.5 where connected to the building's fire alarm control unit. Activation of the detection system shall sound a local alarm in buildings not equipped with a fire alarm notification system.

f. 3805.3.1 System supervision and monitoring. Automatic fire detection systems shall be electronically supervised and monitored by an approved supervising station or, where approved, shall initiate an audible and visual signal at a constantly attended, on-site location.

g. 3805.4 Percentage of maximum allowable quantity per control area. The percentage of maximum allowable quantities per control area of hazardous materials shall be permitted to be increased in accordance with Table 3805.4.

Table 3805.4 Design And Number Of Control Areas In Existing Non-Sprinklered Laboratories
Floor Level		Percentage Of The Maximum Allowable Quantity Per Control Areaa	Number Of Control Areas Per Floor	Fire-Resistance Rating For Fire Barriers In Hoursb, c, d
Above grade plane	Higher than 9 7-9 4-6 3 1-2	5 10 25 75 100	1 2 2 2 4	2c 2c 2c 1 1
Below grade plane	1 2 Lower than 2	100 75 Not allowed	3 2 Not allowed	1 1 Not allowed

a.	Percentages shall be of the maximum allowable quantity per control area shown in Tables 5003.1.1(1) and 5003.1.1(2), excluding all increases allowed in the footnotes to those tables.
b.	Fire barriers shall include walls, floors and ceilings necessary to provide separation from other portions of the building.
c.	Vertical fire barriers separating control areas from other spaces on the same floor are permitted to be 1-hour fire-resistance rated.
d.	See Section 414.2.4 of the International Building Code for additional requirements.

46. Section 3806 Existing Sprinklered Laboratories.

a. 3806. 1 Scope. Storage and use of hazardous materials in existing laboratories within buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 shall be in accordance with Section 3803 and with Chapters 50 through 67, as applicable, except as modified by this Section.

b. 3806.2 Hazardous materials storage and use. Storage and use of hazardous materials within control areas in new and existing laboratories equipped with an automatic sprinkler system shall be in accordance with this Section and Chapters 50 through 67, as applicable.

Exception: Existing laboratories in buildings equipped throughout with an automatic sprinkler meeting requirements for laboratory suites are permitted to comply with Section 3804.

c. 3806.2.1 Percentage of maximum allowable quantities per control area. The percentage of maximum allowable quantities per control area of hazardous materials shall be in accordance with Table 3806.2.1.

Table 3806.2.1 Design And Number Of Control Areas In Existing Sprinklered Laboratories
Floor Level		Percentage Of The Maximum Allowable Quantity Per Control Areaa	Number Of Control Areas Per Floor	Fire-Resistance Rating For Fire Barriers In Hoursb, d
Above grade plane	21+ 11-20 7-10 4-6 3 1-2	5 10 25 50 75 100	1 1 2 2 3 4	2c 2c 2c 2c 1 1
Below grade plane	1 2 Lower than 2	100 75 Not allowed	3 2 Not allowed	1 1 Not allowed

a.	a. Percentages shall be of the maximum allowable quantity per control area shown in Tables 5003.1.1(1) and 5003.1.1(2), with all increases allowed in the footnotes to those tables.
b.	b. Fire barriers shall include walls, floors and ceilings necessary to provide separation from other portions of the building.
c.	c. Vertical fire barriers separating control areas from other spaces on the same floor are permitted to be 1-hour fire-resistance rated.
d.	d. See Section 414.2.4 of the International Building Code for additional requirements.

47. Section 3901 General.

a. 3901.1 Scope. Plant processing or extraction facilities shall comply with this Chapter and the International Building Code. The extraction process includes the act of extraction of the oils and fats by use of a solvent, desolventizing of the raw material, production of the miscella, distillation of the solvent from the miscella and solvent recovery. The use, storage, transfilling and handling of hazardous materials in these facilities shall comply with this Chapter, other applicable provisions of this code and the International Building Code.

b. 3901.2 Existing buildings or facilities. Existing buildings or facilities used for the processing of plants or where the medium of extraction or solvent is changed shall comply with this Chapter.

c. 3901.3 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7.

48. Section 3902 Definitions.

a. 3902.1 Definitions.

DESOLVENTIZING

The act of removing a solvent from a material.

MISCELLA

A mixture, in any proportion, of the extracted oil or fat and the extracting solvent.

49. Section 3903 Processing And Extraction.

a. 3903.1 Construction. Processing shall be located in a building complying with the International Building Code.

b. 3903. 2 Prohibited occupancies. Extraction processes utilizing flammable gases or flammable cryogenic fluids shall not be located in any building containing a Group A, E, I or R occupancy.

c. 3903.3 Location. The extraction equipment and extraction processes utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction.

d. 3903.4 Post-process purification and winterization. Postprocessing and winterization involving the heating or pressurizing of the miscella to other than normal pressure or temperature shall be approved and performed in an appliance listed for such use. Domestic or commercial cooking appliances shall not be used.

e. 3903.4.1 Industrial ovens. The use of industrial ovens shall comply with Chapter 30.

f. 3903.5 Use of flammable and combustible liquids. The use of flammable and combustible liquids for liquid extraction processes where the liquid is boiled, distilled or evaporated shall be located within a hazardous exhaust fume hood, rated for exhausting flammable vapors. Electrical equipment used within the hazardous exhaust fume hood shall be rated for use in flammable atmospheres. Heating of flammable or combustible liquids over an open flame is prohibited.

Exception: The use of a heating element not rated for flammable atmospheres, where documentation from the manufacture, or approved testing laboratory indicates the element is rated for heating of flammable liquids.

g. 3903.6 Liquefied petroleum gas. Liquefied petroleum gases shall not be released to the atmosphere except where released in accordance with Section 7.3 of NFPA 58.

50. Section 3904 Systems And Equipment.

a. 3904.1 General requirements. Systems and equipment used with the processing and extraction of oils and products from plants shall comply with Sections 3904.2 through 3904.4 and 5003.2, and other applicable provisions of this code, the International Building Code and the International Mechanical Code.

b. 3904.2 Systems and equipment. Systems or equipment used for the extraction of oils from plant material shall be listed or approved for the specific use. If the system used for extraction of oils and products from plant material is not listed, the system shall be reviewed by a registered design professional. The registered design professional shall review and consider any information provided by the system's designer or manufacturer. For systems and equipment not listed for the specific use, a technical report in accordance with Section 3904.3 shall be prepared and submitted to the Building Official for review and approval. The firm or individual preparing the technical report shall be approved by the Building Official prior to performing the analysis.

c. 3904.3 Technical report. A technical report, reviewed and approved by the Building Official as required by Section 3904.2, is required prior to the equipment being located or installed at the facility. The report shall be prepared by a registered design professional or other professional approved by the Building Official.

d. 3904.3.1 Report content. The technical report shall contain all of the following:

1.	Manufacturer information.
2.	Preparer of record of the technical report.
3.	Date of review and report revision history.
4.	Signature page, including all of the following:
4.1.	Author of the report.
4.2.	Date of report.
4.3.	Date and signature of registered design professional of record performing the design or peer review.
5.	Model number of the item evaluated. If the equipment is provided with a serial number, the serial number shall be included for verification at the time of site inspection.
6.	Methodology of the design or peer review process used to determine minimum safety requirements. Methodology shall consider the basis of design, and shall include a code analysis and code path to demonstrate whether specific codes or standards are applicable.
7.	Equipment description. A list of every component and subassembly, such as fittings, hose, quick disconnects, gauges, site glass, gaskets, valves, pumps, vessels, containers and switches, of the system or equipment, indicating the manufacturer, model number, material and solvent compatibility. Manufacturer's data sheets shall be provided.
8.	A general flow schematic or general process flow diagram of the process. Postprocessing or winterization shall be included in this diagram. Primary components of the process equipment shall be identified and match the equipment list required in Item 7. Operating temperatures, pressures and solvent state of matter shall be identified in each primary step or component. A piping and instrumentation diagram (PID or P&ID) shall be provided.
9.	Analysis of the vessel(s) if pressurized beyond standard atmospheric pressure. Analysis shall include purchased and fabricated components.
10.	Structural analysis for the frame system supporting the equipment.
11.	Process safety analysis of the extraction system, from the introduction of raw product to the end of the extraction process.
12.	Comprehensive process hazard analysis considering failure modes and points of failure throughout the process. The process hazard analysis shall include a review of emergency procedure information provided by the manufacturer of the equipment or process and not that of the facility, building or room.
13.	Review of the assembly instructions, operational and maintenance manuals provided by the manufacturer.
14	List of references used in the analysis.

e. 3904.4 Site inspection. Prior to operation of the extraction equipment, where required by the Building Official, the engineer of record or approved professional, as approved in Section 3904.2, shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis. The engineer of record or approved professional shall provide a report of findings and observations of the site inspection to the Building Official prior to the approval of the extraction process. The field inspection report authored by the engineer of record shall include the serial number of the equipment used in the process and shall confirm that the equipment installed is the same model and type of equipment identified in the technical report.

51. Section 3905 Safety Systems.

a. 3905.1 Gas detection. For extraction processes utilizing flammable gases as solvents, a continuous gas detection system shall be provided. The gas detection threshold shall be not greater than twenty-five percent (25%) of the lower explosive limit/lower flammability limit (LEL/LFL) of the materials.

b. 3905.1.1 System design. The flammable gas detection system shall be listed or approved and shall be calibrated to the types of fuels or gases used for the extraction process. The gas detection system shall be designed to activate when the level of flammable gas exceeds twenty-five percent (25%) of the LFL.

c. 3905.1.2 Gas detection system components. Gas detection system control units shall be listed and labeled in accordance with UL 864 or UL 2017. Gas detectors shall be listed and labeled in accordance with UL 2075 for use with the gases and vapors being detected.

d. 3905.1.3 Operation. Activation of the gas detection system shall result in all the following:

1.	Initiation of distinct audible and visual alarm signals in the extraction room.
2.	Deactivation of all heating systems located in the extraction room.
3.	Activation of the mechanical ventilation system, where the system is interlocked with gas detection.

e. 3905.1.4. Failure of the gas detection system. Failure of the gas detection system shall result in the deactivation of the heating system; activation of the mechanical ventilation system where the system is interlocked with the gas detection system; and initiation of a trouble signal to sound in an approved location.

f. 3905.1.5 Interlocks. Electrical components within the extraction room shall be interlocked with the gas detection system. Activation of the gas detection system shall disable all light switches and electrical outlets.

g. 3905.2 Emergency shutoff. Extraction processes utilizing gaseous hydrocarbon-based solvents shall be provided with emergency shutoff systems in accordance with Section 5803.1.3.

52. F-5608 Fireworks. Add new Section:

Definition. Fireworks shall have the same definition as provided by State law.

53. F-5608.11 May Be Discharged — When. Add new Subsection:

Fireworks may be discharged by individuals inside the City of Herculaneum, Missouri, only on the 4th day of July each year between the hours of 10:00 A.M. and 12:00 Midnight. Except that the Board of Aldermen may, each year, provide, by resolution, that fireworks may be discharged between the hours of 10:00 A.M. and 12:00 Midnight on other days during the first week of July of each year. Said resolution must be made no later than the 31st day of May of each year. Fireworks may only be discharged on privately owned property with the consent of the owner and occupant of such property.

54. F-5608.12 Application For Fireworks Sales Permit. Add new Subsection:

Any such person, firm or corporation, including wholesalers of fireworks and roadside stands, making applications for permit to sell fireworks shall file a written request with the City Clerk not less than thirty (30) days prior to the 4th day of July in order to sell fireworks from June 20th through July 10th and by thirty (30) days prior to the 31st day of December in order to sell fireworks from December 20th through January 2nd. A separate written application shall be required to be filed with the City Clerk in order to sell fireworks from June 20th through July 10th and from December 20th through January 2nd. There shall only be one (1) application fee of seven hundred fifty dollars ($750.00) which is required to be paid. The seven hundred fifty dollar ($750.00) application fee is required to be paid in full prior to the issuance of any permit.
All permits issued and approved are personal to the applicant and non-transferable. The sale of fireworks or operation of place of sale by anyone other than the permittee shall void the permit and cause forfeiture of the permit fee.
The granting or denial of applications for permits shall be at the sole discretion of the Board of Aldermen, and any application shall contain the name of the applicant, in addition to a detailed description of the location of sale site or sites, type of structure from which sales are to be made, provisions for the fire protection and, provided, further, that the location of each sale site shall be only on property which is zoned for commercial or industrial use and shall be open for business from June 20th through July 10th and December 20th through January 2nd of the next year.
The following application shall be completed:
Fireworks Sale Application and/or License:
Owner's Name:
	(Last)	(First)	(Middle Initial)
Owner's Address:
Phone No.:		D/O/B:	S.S.#:
Location of Stand (plot plan lot lines identify & distance from other structures)
(Commercial area only):
Type of Structure:
Manager (if different than owner):
	(Last)	(First)	(Middle Initial)
Address:
Phone No.:		Date of Birth:	S.S.#
Stand open from June 20, _____ to July 10, _____.
Must comply with City of Herculaneum and regulations.
FEE: Seven hundred fifty dollars ($750.00) per location per time frame.
Applicant and/or Owner's Signature
Fee paid:	________________________
Date:	________________________
Approved:	________________________
Not approved:	________________________

55. F-5608.13 Use By Organizations. Notwithstanding the other provisions of this Section, not for profit corporations and other organizations may possess and use fireworks within the boundaries of the City for public, supervised and bona fide fireworks displays; provided, however, that the conduct of such display shall comply with all applicable State laws and shall be required to register with the City Clerk stating the time, date, place and sponsoring organization of such display.

56. F-5608.14 Use Of Fireworks Limited. Add new Subsection:

It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury to any person or property; provided, further, that it shall be unlawful for any person to shoot or denote fireworks of any nature within the City limits except on the 4th day of July of each year at the times set forth herein.

57. F-5608.15 Means Of Egress. Add new Subsection:

1.	All means of egress from any temporary seasonal retail sales tent or stand shall remain clear and free of obstructions.
2.	A minimum of two (2) remote means of egress shall be located in a seasonal retail sales location.
3.	Exits provided for temporary seasonal retail sales stands shall be arranged so that the maximum egress travel distance does not exceed thirty-five (35) feet.
4.	Exits provided for seasonal retail tents shall be arranged so that the maximum egress travel distance measured from the most remote point to an exit along the natural and unobstructed path of egress travel does not exceed seventy-five (75) feet.
5.	Aisles within a temporary seasonal retail sales tent, where the interior is accessible to the public, the minimum clear width shall be permitted to be not less than forty-eight (48) inches.
6.	Aisles within temporary seasonal retail sales stand, where the interior is not accessible to the public, the minimum clear width shall be permitted to be not less than twenty-eight (28) inches.
7.	The required width of aisles shall be maintained unobstructed at all times the facility is occupied by the public.
8.	Dead end aisles shall be prohibited.
9.	Exit openings from seasonal retail sales tents shall be not less than forty-four (44) inches in width.
10.	Egress doors in temporary seasonal retail sales stands where the interior is not accessible to the public shall be permitted to be not less than twenty-eight (28) inches in width.
11.	Egress doors in temporary seasonal retail sales stands where the interior is accessible to the public shall be permitted to be not less than thirty-six (36) inches in width.
12.	No fireworks shall be displayed for sale or stored within two (2) feet of any public exit, or private entrance or exit in an enclosed building.

58. F-5608.15 Provisions For Storage, Licensing And Selling. Add new Subsection:

Permission for any person, firm or corporation to store, sell or offer for sale fireworks of any type within the City limits must comply with the following regulations:

59. F-5608.16 Restricted Locations. Add new Subsection:

It shall be unlawful to expose fireworks to direct sunlight through glass to the merchandise display, except where the fireworks are in the original package. All fireworks, which the public may examine, shall be kept for sale in original package, except where an attendant is on duty at all times. Fireworks shall be kept out of reach of the public when an attendant is not on duty.

60. F-5608.17 Approved Locations Of Stands Or Tents. Add new Subsection:

No stand, or the sale of any fireworks, shall be permitted within any residence or within any commercial building of any kind or closer than fifty (50) feet of any structure. Fireworks shall not be stored, kept or sold within fifty (50) feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon.

61. F-5608.18 Sleeping Within Stand. Add new Subsection:

Sleeping within a fireworks stand, warehouse, storage or place of sale of fireworks is prohibited.

62. F-5608.19 Fire Safety Requirements. Add new Subsection:

The operator of any stand shall closely cut and remove all weeds, grass and similar vegetation and all dry or flammable residues from such cutting. The area inside the stand and within twenty-five (25) feet of the sight shall be free of all trash, empty cartons, paper or other debris or flammable material.

63. F-5608.20 Trash Containers. Add new Subsection:

The operator shall also provide in the premises immediately adjacent to such stand not less than two (2) trash receptacles of a kind and size approved by the Building Inspector. The operator shall, not less than hourly, remove all trash, paper and flammable debris of any kind from the stand and the surrounding area, which extends one hundred (100) feet from the outside edge of the stand.

64. F-5608.21 Heating Units. Add new Subsection:

No heating unit of any kind or any other device, which emit flames, heat, shall be kept or used within the stand.

65. F-5608.22 Electrical Wiring. Add new Subsection:

Standard electrical lighting, which conforms to the electrical system requirements of the 2014 National Electric Code and as follows:
1.	The electrical system and equipment shall be isolated from the public by proper elevation or guarding, and all electrical fuses and switches shall be enclosed in approved enclosures.
2.	Electrical cables, including extension cords on the ground in areas traversed by the public, shall be placed in trenches or protected by approved covers.
3.	All extension cords shall be a minimum fourteen (14) gauge and multi-outlet power strips shall be UL approved and of the grounding type.
4.	All multi-outlet power strips shall be UL approved and of the type with a circuit breaker for overload protection.
5.	All electrical wiring, equipment, and devices shall be UL approved, installed and maintained to prevent electrical hazards.
6.	All electrical lighting shall be UL approved, mounted and installed in a safe manner.
7.	Branch circuits for receptacles, lighting and other uses shall be protected by ground fault circuit interrupters if susceptible to water exposure.
8.	The power distribution panel shall be properly grounded with a minimum #6 solid copper wire connected to a copper clad ground rod. The ground wire must be connected to the ground rod using a UL approved ground rod clamp with the clamp being visible.

66. F-5608.23 No Smoking Provision. Add new Subsection:

Smoking shall not be permitted inside or within twenty-five (25) feet of the seasonal retail sales area. One (1) or more signs reading "Fireworks, No Smoking" shall be displayed at all places at each entrance of seasonal retail sales locations in letters not less than four (4) inches in height on a contrasting back-ground.

67. F-5608.24 Exit Signs And Emergency Lighting. Add new Subsection:

1.	Exit signs shall be required to be self-luminous or internally or externally illuminated.
2.	Exit signs shall not be required to be illuminated in tents or stands that are not open for business after dusk or in temporary seasonal retail sales stands where the interior is not accessible to the public.
3.	Emergency lighting shall not be required in tents or stands that are not open for business after dusk or for temporary seasonal retail sales stands where the interior is not accessible to the public.
4.	Emergency lighting shall be required in seasonal retail sales locations when the retail sales area is eight hundred (800) square feet or greater.

68. F-5608.25 Storage Of Fireworks. Add new Subsection:

No passenger automobile shall be used on the location as a conveyance or storage place for any fireworks, nor any conveyance or vehicle of any kind can be used for storage or transportation of fireworks within fifty (50) feet of any fireworks stand.

Exceptions: During the actual time period when merchandise is being unloaded from the conveyance or vehicle and stored within the stand, or is being taken by the customer, which shall be done expeditiously.

69. F-5608.26 Storage Area Required To Be Locked. Add new Subsection:

When not actually in use with personnel or the operator therein, every such storage area shall be locked in a manner approved by the Building Official. All conveyance or vehicles on the stand premises, which are used for storage or transportation of fireworks by the operator, shall be closed and locked except when loading or unloading.

70. F-5608.27 Fire Extinguishers. Add new Subsection:

1.	Every seasonal retail sales location shall have not less than two (2) portable fire extinguishers with a minimum 2A rating, at least one (1) of which shall be a pressurized water type.
2.	Temporary seasonal retail sales locations less than two hundred (200) square feet in area shall be required to have at least one (1) portable fire extinguisher with a minimum 2A rating.
3.	The maximum travel distance to a fire extinguisher in any seasonal retail sales location shall be no greater than thirty-five (35) feet.
4.	All fire extinguishers shall be inspected annually by a fire extinguisher company and have documentation to this effect attached to them.
5.	All fire extinguishers shall be located in an accessible location to the staff.

71. F-5608.28 Discharge Of Fireworks. Add new Subsection:

1.	Fireworks shall not be ignited, discharged, or otherwise used within one hundred (100) feet of any location where fireworks are stored, sold, or offered for sale.
2.	At least one (1) sign that reads as follows, in letters at least four (4) inches high on a contrasting back-ground shall be conspicuously posted at each entrance of seasonal retail sales locations:
NO FIREWORKS DISCHARGE WITHIN ONE HUNDRED (100) FEET

72. F-5608.28 Separation Distance. Add new Subsection:

1.	No motor vehicle shall be parked within ten (10) feet of a seasonal retail sale location.
2.	No trailer used for the storage of consumer fireworks shall be parked within ten (10) feet of a seasonal retail sales location.
	Exceptions:
	During the actual period of time when merchandise is being unloaded from the conveyance or vehicle and stored within the stand, or is being taken by the customer, which shall be done expeditiously.
3.	Temporary seasonal retail sales stands and tent side walls shall not be located within twenty (20) feet of the following, unless authorized by the authority having jurisdiction:
	A.	Another building;
	B.	Another seasonal retail sales location;
	C.	Cooking equipment of any type.
4.	Seasonal retail sales locations shall not be located within fifty (50) feet of the following:
	A.	Any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon;
	B.	Compressed natural gas dispensing facilities;
	C.	Retail propane dispensing station;
	D.	Aboveground storage tanks for flammable or combustible liquid, flammable gas or flammable liquefied gas;
	E.	Any type of open flame cooking equipment.
5.	Portable generators shall be located not less than twenty (20) feet from a seasonal retail sales location.

73. Appendix A Board Of Appeals. Delete in its entirety: Refer to B-113.

74. Appendix C Fire Hydrant Locations And Distribution.

C-101.2 Water Main Size: Add a new Subsection:

All fire hydrants are to be installed on six (6)-inch or larger water mains. All new water mains shall not be less than ten (10) inch or larger or as required by Public water systems.

C-102.1 Requirements and Locations: Add a new Subsection:

A fire hydrant must be placed within one hundred (100) feet of the entrance of a subdivision. All fire hydrants must be located on the side property line and located on the same side of the street or as permitted by the Building Official.

Fire hydrants shall be provided at the intersection of all streets and at intervals of not more than five hundred (500) feet apart in areas within the City, which are zoned residential, and at intervals of not more than three hundred (300) feet apart in areas within the City which are zoned commercial.

C-102.2 Fire Hydrant to Fire Department Connections: Add a new Subsection: There shall be a fire hydrant within one hundred fifty (150) feet of the Fire Department connection.

C-102.3 Hydrant at dead-end lines: All main lines shall be looped, except that dead-end lines shall be equipped with a fire hydrant meeting the specifications set forth in this Section. Mainlines shall be of sufficient size and type to provide adequate pressures and volumes of water for fire protection of all residences and buildings. All lateral water lines shall be as close as is practicable to the main water line as determined by the Public Works Director.

C-102.4 Hydrant Standards: All fire hydrants shall have a five and one-fourths (5 1/4) inch barrel and a six (6) inch MJ Shoe. All fire hydrants shall have a six (6) inch auxiliary valve with an installed valve box installed. All fire hydrants shall be painted with black asphaltum paint below grade line and with one (1) coat of yellow paint above the grade line at the time the fire hydrant is delivered to the site where it will be installed. All fire hydrants shall have a minimum bury of four (4) feet. All fire hydrants shall be a three-way type hydrant with two (2) two and one-half (2 1/2) inch hose nozzles and one (1) four and one-half (4 1/2) inch pumper/nozzle with a Storz Adapter. All fire hydrants shall have a safety stem and flange, which shall be of the "open left" type, such that turning it in a counter-clockwise fashion opens the valve. All fire hydrants shall meet or exceed the requirements of the ANSI/AWWA C502 standard. All fire hydrants shall be of the Mueller A-423 type or a type of equal quality.

C-102.5 Valves: All fire hydrant valves shall be Mueller Gate Valves or valves of equivalent quality conforming to AWWA specification C-500.

C-102.6 Pressure Pipe: All water line pressure pipe shall be PVC pipe with push-one rubber ring type which is manufactured in accordance with ASTM D-2241-64-T or commercial standard CS-256-63 for type 1120 material. Class 200 PVC pipe shall be made to SDR 26 dimensions. All PVC pipe shall bear the seal of the National Sanitation Foundation.

C-102.7 Fittings: All fittings related to fire hydrants or any pipe attached to fire hydrants shall be cast-iron, mechanical-joint type and cement mortar lining complying with ASA specifications A21.4.

C-102.8 Disinfecting Pipes: All pipes shall be disinfected in accordance with AWWA specification C-601 prior to being placed in service in the following manner:
1.	Disinfection shall be by the tablet method.
2.	Hypochlorite tablets shall be attached to the pipe during installation, two (2) tablets per twenty (20) feet of length.
3.	Following installation, the main shall be filled with water at a velocity not to exceed one (1) foot per second; water shall remain in the pipe for twenty-four (24) hours prior to flushing.
C-102.9 Trenches: Trenches shall be backfilled and tamped a minimum of twelve (12) inches above the pipe; granular backfill may be substituted in lieu of tamping. Trenches at road crossings shall be tamped full height or backfilled with granular backfill material.
C-102.10 Street Cuts: All street cuts shall be repaired with the same material as that removed at the same thickness or greater.
C-102.11 Bedding: Granular bedding shall be used where rock excavation in encountered.
C-106.0 Installation Height. Add a new Section:
C-106.1 Fire Hydrant Height. Add a new Subsection: Fire hydrants shall be installed a minimum of eighteen (18) inches and a maximum of thirty-six (36) inches above finished grade, measured from the center of the steamer connection.
C-107.0 Color Coding Fire Hydrants. Add a new Section:
C-107.1 Scope. Add a new Subsection: All fire hydrants shall be painted to match the following requirements after installed by the contractor. The cap threads shall be field lubricated with approved food-grade grease as approved by the Building Official and the public water district. The paint must be a good grade and applied with either a brush or sprayer.
C-107.2 Barrels. Add a new Subsection:
All fire hydrant barrels are to be painted chrome yellow when installed within the City of Herculaneum.

C-107.3 Color Coding of Fire Hydrants Add a new Subsection:
All fire hydrant bonnets (top flange of the fire hydrant) are to be painted as follows:
Color	Class	Capacity
Light Blue	Class AA (larger than 12")	1500 GPM
Green	Class A (12")	1000 — 1499 GPM
Orange	Class B (8" & 10")	500 — 999 GPM
Red	Class C (6" or smaller)	less than 500 GPM
C-107.4 Color Coding of Private Fire Hydrants. Add a new Subsection:
All private fire hydrants shall be marked by the caps being painted the same color as the bonnet as stated in C-107.3

75. Appendix D Fire Apparatus Access Roads.

D-107.1 One- or Two-Family Residential Developments. Delete and add the following.

Developments of one- or two-family dwellings where the number of dwelling units exceeds one hundred (100) shall be provided with two (2) separate and approved fire apparatus access roads.

[1] Editor's Note: The amendments within this Section were renumbered in order to accommodate placement of the amendments to Chs. 38 and 39 as adopted by Ord. No. 07-2020.

Section 500.025 International Residential Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. International Residential Code 2015. The following shall be added to, inserted, deleted, or changed in the International Residential Code, 2015 Edition;

1. R-101.1 Title. Delete and add the following:

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

2. R-103.1 Creation Of Enforcement Agency. Delete in its entirety and refer to B-103.1.

3. R-103.2 Appointment. Delete in its entirety and refer to B-103.2.

4. R-103.3 Deputies. Delete in its entirety and refer to B-103.3.

5. R-105.2 Work Exempt From Permit. Delete the following:

#1 accessory structures

#2 fences

#3 retaining walls

#4 water tanks

#5 driveways

#9 window awnings

#10 decks

6. R-105.3.1.1 Determination Of Substantially Improved Or Substantially Damage Exiting Building In Flood Hazard Areas. Delete in its entirety.

7. R- 106.1 Submittal Documents is amended by deleting and substitute the following sentence to read "submittal documents shall include an affidavit signed by the purchaser of any single-family dwelling or residence or multi-unit dwelling of four (4) or fewer units stating that prior to entering into a purchase contract the purchaser was offered by the builder the option to have fire sprinklers installed in the structure at the purchasers expense. The construction documents should be prepared by a registered design professional."

8. R-106.1.1 Information on Construction documents is amended by adding the wording to read, "Construction documents shall be to scale and of sufficient clarity."

9. R-108 Fees. Delete in its entirety and refer to B-109.2, 109.2.1, 109.2.2, 109.2.3, 109.2.3.1.

10. R-112 Board Of Appeals. Delete in its entirety and refer to B-113.

11. R-202 Add Definition "BUILDING OFFICIAL" The officer or other designated authority charged with the administration and enforcement of this code.

12. R-202 Revise Definition "SPLINE" Delete "a strip of wood structural panel cut from the same material used for the panel facings," and insert "An manufacturer approved connector."

13. R301 Design Criteria: Is amended by adding to Subsection R-301.2(1) Table under each of the wording as underlined:

Roof Snow Load: 20

Wind Speed (mph): 115

Seismic Design Category: D-0

Subject to Damage From Weathering: Severe

Frost line depth: 30

Termite: M to H

Decay: S to M

Winter Design Temp: 6

Ice barrier required: Yes

Flood Hazards: Firm

Air Freezing Index: 1,000

Mean annual temp: 55.2

14. R302.1 Exterior Walls. Delete exception "#2 Walls of dwelling and accessory structures located on the same lot." Insert exception "#2 Cantilevered manufactured fireplaces," "#6 Roof eave overhangs," and "#7 Uncovered decks."

15. R302.5.1 Opening Protection. ". . .Shall be equipped with solid wood doors not less than one and three-eighths (1 3/8) inches (35 mm) in thickness, solid or . . . not less than one and three-eighths (1 3/8) inches thick or . . ." Shall read ". . .shall be equipped with solid wood doors not less than one and three-eighths (1 3/4) inches (35 mm) in thickness, solid or . . . not less than one and three-fourths (1 3/4) inches thick or . . ."

16. R302.6 Dwelling/Garage Fire Separation. Delete the sentence "The garage shall be separated as required by Table R302.6" and substitute with "The garage shall be separated by five-eighths (5/8) inches fire code gypsum board, Type X."

17. R302.7 Under-Stair Protection. Delete and add the following:

Delete one-half (1/2) inch gypsum board and replace with five-eighths (5/8) fire rated gypsum.

18. R-303.4.2 Exhaust Openings: to read "Exhaust air shall not be directed below six (6) feet and eight (8) inches onto a walkway."

19. R-304.2 Minimum Dimensions: to read "Habitable rooms shall be not less than seven (7) feet (2134 mm) in any horizontal dimension, except for kitchens. Total area of a single-family dwelling unit shall be not less than one thousand two hundred (1,200) square feet."

[Ord. No. 07-2019, 3-18-2019]

20. R-305.1 Minimum Height. By deleting the number and wording "seven (7) feet" in the sentence "shall have a ceiling height of not less than seven (7) feet" and substitute "seven (7) feet six (6) inches."

21. R309.1 Floor Surface. Add the following to the end of this Section to read: "In private garage with front or rear entry located beneath habitable rooms the floor at the rear shall be a minimum of two (2) inches lower than the adjacent basement floor. In private garage with end entry located beneath habitable rooms the floor shall be a minimum of four (4) inches lower than the adjacent basement floor. In private garages attached side-by-side to rooms, the floor at the rear shall be a minimum of two (2) inches lower than the house foundation wall. All floors "Minimum thickness of garage floors shall be four-inch concrete with one-half (1/2) inch rebar two (2) foot on center each way or 6" x 6" x 10" welded wire. The above specifications shall also apply to carports and detached garages."

22. R309.1 Floor surface, and R309.2 Carports: delete the wording "a drain or toward" from the sentence "The area of floor. . . be sloped to facilitate the movement of liquids to 'a drain or toward' the main vehicle entry doorway."

23. R309.4.1 Pavilion. Add Subsection: Pavilion structures shall be open on at least two (2) sides. If motorized equipment (vehicle, lawnmower, etc.) are stored underneath, the structure becomes a "Carport" and comes under the provisions of Section 309.2.

24. R309.4.2 Insert the following: Utility Buildings: Utility Buildings shall be located a minimum distance of fifty (50) feet from any residence. The structure is a "Garage" if any of the following apply: located closer than fifty (50) feet from any residence or if motorized equipment (vehicle, lawnmower, etc.) are stored inside this structure and shall be built under the provision of Sections 309 through 309.3. Exception: If motorized equipment is not stored within the structure, and the structure is used strictly for agricultural use or if stalls are installed within the structure.

25. R309.5 Delete and insert in lieu thereof the following: Fire Sprinklers Private garages may be protected by fire sprinklers where the garage wall has been designed based on Table 302.1(2), Footnote a, and the homeowner has opted to purchase a fire sprinkler system for their residence, as per Missouri Revised Statutes 67.281. Sprinklers in garages may be connected to an automatic sprinkler system that complies with Section P2904. Garage sprinklers may be residential sprinklers or quick-response sprinklers, designed to provide a density of 0.05 gpm/ft2. Garage doors may not be considered obstructions with respect to sprinkler placement.

26. R309.6 Accessory Structures. Add Subsection: General. This Section shall apply to all pre-manufactured accessory structures, which does not exceed three hundred (300) square feet in size. Pre-manufactured accessory structures, or sheds, are factory built units comprised of structural wood wall and floor panels. Due to the combustible nature of the floor composition, pre-manufactured accessory structures shall not be used to store hazardous materials, motor vehicles or heavy machinery.

27. R309.7 Pre-manufactured Accessory Structures Anchoring System. Add Subsection:

Accessory structures must be anchored into the ground to sufficiently withstand a one hundred fifteen (115) mph wind. There are three (3) types of acceptable anchoring systems other than a full foundation with frost-protected footing.
1)	Slab. A minimum of four (4) inches concrete with a four (4) inches sub grade of suitably compacted materials. One-half (1/2) inches anchor bolts placed six (6) feet on center with three (3) inches minimum embedment in concrete.
2)	Auger Tie Down. Similar to manufactured home tie downs with a minimum of two (2) per side — max spacing ten (10) feet on center. See manufacturer's details on installation into the ground.
3)	Piers. Sheds built on four (4) by four (4) by four (4) skids may be anchored into a concrete pier system. Piers shall be eight (8) inches by eight (8) inches by eight (8) inches by thirty (30) inches deep and shall be spaced a maximum of eight (8) feet on center. Piers shall be located directly under the structural floor frame of the shed.

28. R309.8 Location. Add Subsection Pre-manufactured structures shall be located in accordance with the City of Herculaneum Planning and Zoning regulations and a minimum of ten (10) feet from any other structure.

Exception: a structure may be located closer than ten (10) feet to another structure provided that the new structure is separated by a one-hour fire partition.

29. R-311.2 Egress Doors. Delete and add the following.

Replace thirty-two (32) inches with thirty-six (36) inches and replace seventy-eight (78) inches with eighty (80) inches.

30. R-311.6.1 Interior Bedroom Doors. Add a new Subsection.

All bedroom doors shall be a minimum of thirty (30) inches in width. When French doors (double doors, pocket doors, etc.) are used at the entrance of the bedroom each door shall be a minimum of thirty (30) inches in width.

31. R-311.7.5.1 Riser Height. Delete and add the following:

Seven and three-fourths (7 3/4) inches replace with eight and one-fourths (8 1/4) inches.

32. R-311.7.5.2. Tread Depth. Delete and add the following:

Ten (10) inches replace with nine (9) inches.

33. R 313.1 Delete And Insert In Lieu Thereof The Following: Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses, in accordance with Section 67.281 of the Missouri Revised Statutes.

Exception: An automatic residential fire sprinkler system shall not be required where additions or alteration are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.

34. R313.2 One- And Two-Family Dwellings Automatic Fire System. Delete in its entirety and add the following:

One- and two-family dwellings automatic fire systems. A builder of a single-family dwelling or residence or multi-unit dwellings of four (4) or fewer units 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, residence, or unit. Notwithstanding any other provision of law to the contrary, no purchaser of such a single-family dwelling, residence, or multi-unit dwelling shall be denied the right to choose or decline to install a fire sprinkler system in such dwelling or residence being purchased by any code, ordinance, rule, regulation, order or resolution by any City or other political subdivision. Any City or other political subdivision shall provide in any such code, ordinance, rule, regulation, order, or resolution the mandatory option for purchasers to have the right to choose and the requirement that builders offer to purchasers the option to purchase fire sprinklers in connection with the purchase of any single-family dwelling, residence, or multi-unit dwelling of four (4) or fewer units.

EXCEPTION: An automatic residential fire sprinkler system shall not be required for additions or alteration to existing buildings that are not already provided with an automatic residential sprinkler system.

35. R314.4 Power Source is amended by deleting "primary" and substituting "120V/AC."

36. R315.4 Carbon Monoxide Alarms Power Source. Add Section: Shall receive their power from 120 v/ac and interconnected with smoke alarms with battery backup.

37. R323.1 Storm Shelters. Delete and insert in lieu thereof the following: Storm shelters where constructed as separate detached buildings or where constructed as safe rooms within buildings for the purpose of providing refuge from storms that produce high winds, such as tornadoes and hurricanes. In addition to other applicable requirements in this code, storm shelters shall be constructed in accordance with ICC/NSSA-500, except when located below grade or if basement walls are fully constructed with concrete.

38. R403.1 Table. Delete Minimum Width of Concrete or Masonry Footing (inches). (see Subsection 403.1.1 amendment)

39. R403.1.1 Minimum Size. Delete entire Section and substitute the following to read: All concrete footings shall have a minimum of two (2) one-half (1/2) inch rebar. The minimum size for all footings shall be eight (8) inches thick by sixteen (16) inches wide. In one and two-family dwellings the minimum footing size shall be:

Slab and crawl space one story	8" x 16"
One story	8" x 20"
One and one-half story	8" x 22"
Two story	8" x 24"
******** Add two (2) inches for ten-inch walls ******************
Add two (2) inches to the width of the footing when a log home will be built. In all other buildings, the footing shall be designed to carry the load applied on it. All footings

40. R403.1.7.1 Building Clearances From Ascending Slopes: is amended by adding to the last sentence which shall read "Engineering specs shall be required and attached to the construction plans."

41. R403.3 Frost Protected Shallow Foundations: is deleted.

42. R404 Foundation Walls Table 404.1.2(4): Delete Table and insert the following.

Table R404.1.2(4)
Minimum Vertical Reinforcement for 10-inch Nominal Flat Concrete Basement Wallsb, c, d, e
			Minimum Vertical Reinforcement — Bar Size and Spacing (inches)
Maximum Unsupported Wall Height (feet)		Maximum Unbalanced Backfill Heightg (feet)	Soil Classesa and Design Lateral Soil (psf per foot of depth)
			GW, GP, SW, SP 30	GM, GC, SM, SM-SC and ML 45	SC, ML-CL and inorganic CL 60
8		4	NR	NR	NR
		5	NR	NR	NR
		6	NR	NR	NR
		7	NR	NR	NR
		8	6 @ 48	6 @ 35	6 @ 28
9		4	NR	NR	NR
		5	NR	NR	NR
		6	NR	NR	NR
		7	NR	NR	NR
		8	NR	NR	6 @ 28
		9	6 @ 37	6 @ 28	6 @ 24
10		4	NR	NR	NR
		5	NR	NR	NR
		6	NR	NR	NR
		7	NR	NR	6 @ 28
		8	NR	6 @ 28	6 @ 28
		9	6 @ 33	6 @ 28	6 @ 21
		10	6 @ 28	6 @ 23	6 @ 17
For SI: 1 foot = 304.8 mm: 1 inch = 25.4 mm: 1 pound per square foot per foot = 0.1571 kPa2/m. 1 pound per square inch = 6.895 kPa.
a.	Soil classes are in accordance with the Unified Soil Classification System. Refer to Table R405.1.
b.	Table values are based on reinforcing bars with a minimum yield strength of 60,000 psi concrete with a minimum specified compressive strength of 2,500 psi and vertical reinforcement being located at the centerline of the wall. See Section R404.1.2.3.7.2.
c.	Vertical reinforcement with a yield strength of less than 60,000 psi and/or bars of a different size than specified in the table are permitted in accordance with Section R404.1.2.3.7.6 and Table R404.1.2(9).
d.	NR indicates no vertical reinforcement is required.
e.	Deflection criterion is L/240, where L is the height of the basement wall in inches.
f.	Interpolation is not permitted.
g.	Where walls will retain four (4) feet or more of unbalanced backfill, they shall be laterally supported at the top and bottom before backfilling.
h.	See Section R404.1.2.2 for minimum reinforcement required for basement walls supporting above-grade concrete walls.
i.	See Table R611.3 for tolerance from nominal thickness permitted for flat walls.

43. Table 404.1.2.(8): Delete Table and insert the following.

Table R404.1.2(8)
Minimum Vertical Reinforcement for 6-, 8-, 10-inch and 12-inch Nominal Flat Basement Wallsb, c, d, e, f, h, i, k, n
			Minimum Vertical Reinforcement — Bar Size and Spacing (inches)
Maximum Wall Height (feet)		Maximum Unbalanced Backfill Heightg (feet)	Soil Classesa and Design Lateral Soil (psf per foot of depth)
			GW, GP, SW, SP 30				GM, GC, SM, SM-SC and ML 45				SC, ML-CL and inorganic CL 60
			Minimum norminal wall thickness (inches)
			6	8	10	12	6	8	10	12	6		8	10	12
5		4	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
		5	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
6		4	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
		5	NR	NR	NR	NR	NR	NR1	NR	NR	NR		NR	NR	NR
		6	NR	NR	NR	NR	5 @ 48	NR	NR	NR	5 @ 36		NR	NR	NR
7		4	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
		5	NR	NR	NR	NR	NR	NR	NR	NR	5 @ 47		NR	NR	NR
		6	NR	NR	NR	NR	5 @ 42	NR	NR	NR	6 @ 43		NR	NR	NR
		7	5 @ 46	NR	NR	NR	6 @ 42	5 @ 46	NR1	NR	6 @ 34		6 @ 48	NR	NR
8		4	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
		5	NR	NR	NR	NR	4 @ 38	NR1	NR	NR	5 @ 43		NR	NR	NR
		6	4 @ 37	NR1	NR	NR	5 @ 37	NR	NR	NR	6 @ 37		5 @ 43	NR	NR
		7	5 @ 40	NR	NR	NR	6 @ 37	5 @ 41	NR1	NR	6 @ 34		6 @ 43	NR	NR
		8	6 @ 43	5 @ 47	NRl	NR	6 @ 34	6 @ 43	NR	NR	6 @ 27		6 @ 32	6 @ 44	NR
9		4	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
		5	NR	NR	NR	NR	4 @ 35	NRl	NR	NR	5 @ 40		NR	NR	NR
		6	4 @ 34	NRl	NR	NR	6 @ 48	NR	NR	NR	6 @ 36		6 @ 39	NR	NR
		7	5 @ 36	NR	NR	NR	6 @ 34	5 @ 37	NR	NR	6 @ 33		6 @ 38	NR	NR
		8	6 @ 38	5 @ 41	NRl	NR	6 @ 33	6 @ 38	NR	NR	6 @ 24		6 @ 29	6 @ 39	NR
		9	6 @ 34	6 @ 46	NR	NR	6 @ 26	6 @ 30	6 @ 41	NR	6 @ 19		6 @ 23	6 @ 30	6 @ 39
10		4	NR	NR	NR	NR	NR	NR	NR	NR	NR		NR	NR	NR
		5	NR	NR	NR	NR	4 @ 33	NRl	NR	NR	5 @ 38		NR	NR	NR
		6	5 @ 48	NR1	NR	NR	6 @ 45	NR	NR	NR	6 @ 34		5 @ 37	NR	NR
		7	6 @ 47	NR	NR	NR	6 @ 34	6 @ 48	NR	NR	6 @ 30		6 @ 35	6 @ 48	NRl
		8	6 @ 34	5 @ 38	NR	NR	6 @ 30	6 @ 34	6 @ 47	NRl	6 @ 22		6 @ 26	6 @ 35	6 @ 45m
		9	6 @ 34	6 @ 41	4 @ 48	NRl	6 @ 23	6 @ 27	6 @ 35	4 @ 48m	DR		6 @ 22	6 @ 27	6 @ 34
		10	6 @ 28	6 @ 33	6 @ 45	NR	DRl	6 @ 23	6 @ 29	6 @ 38	DR		6 @ 22	6 @ 22	6 @ 28
For SI: 1 foot = 304.8 mm: 1 inch = 25.4 mm. 1 pound per square foot per foot = 0.1571 kPa2/m. 1 pound per square inch = 6.895 kPa.
a.	Soil classes are in accordance with the Unified Soil Classification System. Refer to Table R405.I.
b.	Table values are based on reinforcing bars with a minimum yield strength of 60,000 psi.
c.	Vertical reinforcement with a yield strength of less than 60,000 psi and/or bars of a different size than specified in the table are permitted in accordance with Section R404.1.2.3.7.6 and Table R404.1.2(9).
d.	NR indicates no vertical wall reinforcement is required, except for six-inch nominal walls formed with stay-in-place forming systems in which case vertical reinforcement shall be #4 @ forty-eight (48) inches on center.
e.	Allowable deflection criterion is L/240, where L is the unsupported height of the basement wall in inches.
f.	Interpolation is not permitted.
g.	Where walls will retain four (4) feet or more of unbalanced backfill, they shall be laterally supported at the top and bottom before backfilling.
h.	Vertical reinforcement shall be located to provide a cover of one and twenty-five hundredths (1.25) inches measured from the inside face of the wall. The center of the steel shall not vary from the specified location by more than the greater of ten percent (10%) of the wall thickness or three-eighths (3/8) inch.
i.	Concrete cover for reinforcement measured from the inside face of the wall shall not be less than three-fourths (3/4) inch Concrete cover for reinforcement measured from the out-side face of the wall shall not be less than one and one-half (1 1/2) inches for No. 5 bars and smaller, and not less than two (2) inches for larger bars.
j.	DR means design is required in accordance with the applicable building code, or where there is no code in accordance with ACI 318.
k.	Concrete shall have a specified compressive strength of not less than 2,500 psi at twenty-eight (28) days, unless a higher strength is required by footnote l or m.
l.	The minimum thickness is permitted to be reduced two (2) inches, provided the minimum specified compressive strength of concrete. f, c is 4,000 psi.
m.	A plain concrete wall with a minimum nominal thickness of twelve (12) inches is permitted, provided minimum specified compressive strength of concrete, f, c is 3,500 psi.
n.	See Table R611.3 for tolerance from nominal thickness permitted for flat walls.

44. R405 Foundation Drainage. Delete in its entirety and substitute the following: An evaluation of the soil for the presence or absence of ground water is required. The evaluation report shall be based on either a subsurface soil investigation or satisfactory data from adjacent areas together with an inspection of the excavation prior to pouring concrete.

45. R405.1 No Ground Water Present. Provide drain tile, perforated pipe, or other approved foundation drainage systems (such as water channel system) around perimeter of the outside of the foundation or inside the foundation. Drain discharge shall be by gravity to daylight or be connected to a basement floor sump.

46. R405.1.2 Filter Membranes. An approved filter membrane shall be placed over the top of the joints/pipe perforations. The tile/pipe shall be placed on two (2) inches minimum gravel or crushed stone and have six (6) inches minimum cover.

47. R405.1.3 Drainage System. The Drainage system shall discharge by gravity to daylight or be connected to an approved sump fifteen (15) inches in diameter by eighteen (18) inches deep with fitted cover. A sump pump shall be provided if basement is finished or partially finished with pump discharge by an approved method.

48. R405.1.4 Damp Proofing. Provide damp proofing of floor slab with a six (6) mil polyethylene film below slab, with joints in membrane lapped a minimum of six (6) inches and sealed.

49. R405.2. Groundwater Present. Provide drain tile, perforated pipe or other approved foundation drainage system both inside and outside of foundation.

50. R405.2.1 Drainage System. Drainage system shall discharge by gravity to daylight or be connected to an approved sump (fifteen (15) inches in diameter by eighteen (18) inches deep with fitted cover) having a sump pump that discharges into an approved disposal system or to daylight.

51. R507.2.4 Delete entire Section.

52. R602.7.5 Delete entire Section.

53. R602.3 Design And Construction. Insert Exception: "#2 Headers can be on top of an opening in a wall."

54. R602.3.1 Delete the first sentence and insert in lieu thereof: The size, height and spacing of studs shall be spaced no more than sixteen (16) inches on center.

55. Table 602.3.0(1) Insert in #35 Number and Type of Fastener the following: "or one and one-eighths (1 1/8) inches screws, pan head or button head. Insert in #36 Number and Type of Fastener the following: or one and one-fourths (1 1/4) inches screws, pan head or button head."

56. Table R602.3(3) Delete the number 24 from Maximum Wall Stud Spacing and insert in lieu thereof the following: 16.

57. Figure R602.10.10.3. Insert the following:

58. Figure R602.10.10.4.

59. R602.12. Delete and insert in lieu thereof the following: Simplified wall bracing. Buildings meeting all of the conditions listed below shall be permitted to be braced in accordance with this Section as an alternate to the requirements

60. R-1004.1 General add the following Subsections:

1.	All factory-built fireplaces shall be set on approved non-combustible material which shall extend from the back of the unit to the outer edge of the hearth before any finished materials are installed. Materials acceptable are masonry or five-eighths (5/8) Type X Drywall with sheet metal, or equivalent, as approved by the Building Official;
2.	All factory-built fireplaces chases shall be protected on the inside of the chase walls and ceilings with one (1) layer of five-eighths (5/8) inch Type X Drywall or equivalent, all as approved by the Building Official. Drywall shall extend to the ceiling level except when chase extends more than one (1) story or floor then drywall shall be installed in addition to the above to the chase wall next to the building unit until the chase extends past the attic area;
3.	All chimney chases shall be fire stopped at each floor/ceiling line and all of the chimney chase shall be closed off to the attic areas or concealed spaces;
4.	The mentioned shall be inspected at the time of the required framing inspection and new construction or installations and before applying any facing material to the fireplace area. All backing material are to be approved and inspected by the Building Official before facing or finish material, such as brick, stone, etc., is applied so as to prevent combustible materials from being installed where they will be exposed to high heat;
5.	The manufacturer's installation instruction booklet shall be with the fireplace until the Building Official approves the final inspection.

61. R-1004.2 Hearth Extensions. Add the following:

The factory-built fireplace shall set on five-eighths (5/8) inch Type X Drywall and sheet metal or equivalent, as approved by the Building Official. The hearth extension shall be readily distinguishable from the surrounding floor area.

62. N1101.5 (R103.2): Delete entire Section.

63. N1101.5.1 (R103.2.1): Delete entire Section.

64. N1101.6 (R202): Defined terms. PROJECTION FACTOR. Add:

PROJECTION FACTOR The ratio of the horizontal depth of an overhang, eave, or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave, or permanently attached shading device.

65. N1101.14 (R401.3) Delete entire Section.

66. TABLE N1102.1.2 (R402.1.2) Delete and insert in lieu thereof the following:

Table 1102.1 Insulation and Fenestration Requirements by Component
Climate Zone		Fene-stration U-Factor	Skylightb U-Factor	Glazed Fene-stration SHGC	Ceiling R-Value	Wood Frame Wall R-Value	Mass Wall R-Value	Floor R-Value	Base-ment Wall Valuec		Slabd R-Value and Depth	Crawl Spacec Wall R-Value
1		NR2	0.75	0.25	30	13	3/4	13	0		0	0
2		0.40	0.65	0.25j	38	13	4/6	13	0		0	0
3		0.35	0.55	0.25j	38	20 or 13 + 5h	8/13	19	5/13f		0	5/13
4 except Marine		0.40	050	NR	38	13	8/13	19	Oj		10, 2ft	10/13
5 and Marine 4		0.32	0.55	NR	49	20 or 13 + 5h	13/17	30g	15/19		10, 2 ft.	15/19
6		0.32	0.55	NR	49	20 + 5 or 13 + 10h	15/20	30g	15/19		10, 4 ft.	15/19
7 and 8		0.32	0.55	NR	49	20 + 5 or 13 + 10h	19/21	38g	15/19		10, 4 ft.	15/19
a.	R-values are minimums. U-factors and solar heat gain coefficient (SHGC) are maximums. When insulation is installed in a cavity which is less than the label or design thickness of the insulation, the installed R-value of the insulation shall not be less than the R-value specified in the table.
b.	The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. Exception: Skylights may be excluded from glazed fenestration SHGC requirements in climate zones 1 through 3 where the SHGC for such skylights does not exceed 0.30.
c.	"15/19" means R-15 continuous insulation on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. "15/19" shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulation on the interior or exterior of the home. "10/13" means R-10 continuous insulation on the interior or exterior of the home R-13 cavity insulation at the interior of the basement wall.
d.	R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall be the depth of the footing or two (2) feet, whichever is less, in zones 1 through 3 for heated slabs.
e.	There are not SHGC requirements in the Marine Zone.
f.	Basement wall insulation is not required in warm-humid locations as defined by Figure N1101.10 or Table N1101.10.
g.	Or insulation sufficient to fill the framing cavity, R-19 minimum.
h.	"13+5" means R-13 cavity insulation plus R-5 continuous insulation.
i.	The second R-value applies when more than half of the insulation is on the interior of the mass wall
j.	Exception: Unfinished concrete basement walls do not require insulation.

67. N1103.3.3 (R403.3.3): Delete entire Section.

68. N1103.3.4 (R403.3.4): Delete entire Section.

69. N1103.3.5 (R403.3.5): Delete entire Section.

70. N110.4.1 (R403.4.1): Delete entire Section.

71. N1103.6 (R403.6): Add Exception: Existing mechanical systems being replaced do not require mechanical ventilation.

72. N1103.6.1 (R403.6.1): Delete entire Section.

73. TABLE N1103.6.1 (R403.6.1): Delete entire table.

74. N1103.7 (R403.7): Delete and insert in lieu thereof the following: Equipment sizing and efficiency rating (Mandatory). Heating and cooling equipment shall be sized in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by Federal law for the geographic location where the equipment is installed.

75. N1104 (R404): Delete entire Section.

76. N1104.1 (R404.1): Delete entire Section.

77. N1104.1.1 (R404.1.1): Delete entire Section.

78. Table N1105.5.2(1) [R405.5.2(1)]: Delete and insert in lieu thereof the following:

Table N1105.5.2(1) [R405.5.2(1)]
Specifications for the Standard Reference and Proposed Designs
Building Component		Standard Reference Design	Proposed Design
Above-grade walls		Type: mass wall if proposed wall is mass; otherwise wood frame	As proposed
		Gross area: same as proposed	As proposed
		U-factor: as specified in Table N1102.1.4	As proposed
		Solar absorptance = 0.75	As proposed
		Remittance = 0.90	As proposed
Basement and crawl space walls		Type: same as proposed	As proposed
		Gross area: same as proposed	As proposed
		U-factor: from Table N1102.1.4, with insulation layer on interior side of walls	As proposed
Above-grade floors		Type: wood frame	As proposed
		Gross area: same as proposed	As proposed
		U-factor: as specified in Table N1102.1.4	As proposed
Ceilings		Type: wood frame	As proposed
		Gross area: same as proposed	As proposed
		U-factor: as specified in Table N1102.1.4	As proposed
Roofs		Type: composition shingle on wood sheathing	As proposed
		Gross area: same as proposed	As proposed
		Solar absorption = 0.75	As proposed
		Emittance = 0.90	As proposed
Attics		Type: vented with aperture = 1 ft2 per 300 ft2 ceiling area	As proposed
Foundations		Type: same as proposed	As proposed
		Foundation wall area above and below grade and soil characteristics: same as proposed	As proposed
Opaque doors		Area: 40 ft2	As proposed
		Orientation: North	As proposed
		U-factor: same as fenestration from Table N1102.1.4	As proposed
Vertical fenestration other than opaque doors		Total areab= a) 15% of the conditioned floor area	As proposed
		Orientation: equally distributed to 4 cardinal compass orientations (N, E, S & W)	As proposed
		U-factor: as specified in Table N1102.1.4	As proposed
		SHGC: as specified in Table N1102.1.2 except that for climates with no requirement (NR) SHGC = 0.40 shall be used	As proposed
		Interior shade fraction: 0.92 = (0.21 x SHGC for the standard reference design)	0.92 — (0.21 x SHGC as proposed)
		External shading: none	As proposed
Skylights		None	As proposed
Thermally isolated sunrooms		None	As proposed
Air exchange rate		Air leakage rate of 5 air changes per hour in Climate Zone 4. The mechanical ventilation rate shall be in addition to the air leakage rate and the same as in the proposed design, but no greater than 0.01 x CFA + 7.5 x (Nbr + 1) where: CFA = conditioned floor area Nbr = number of bedrooms Energy recovery shall not be assumed for mechanical ventilation	For residences that are not tested, the same air leakage rate as the standard reference design. For tested residences, the measured air exchange ratea. The mechanical ventilation rateh shall be in addition to the air leakage rate and shall be proposed.
Mechanical ventilation		None, except where mechanical ventilation is specified by the proposed design, in which case: Annual vent fan energy use: kWh/yr = 0.03942 x CFA + 29.565 x (Nbr + 1) where: CFA = conditioned floor area Nbr = number of bedrooms	As proposed
Internal gains		1 Gain = 17,900 + 23.8 x CFA + 4104 x Nbr (Btu/day per dwelling unit)	Same as standard reference design
Internal mass		An internal mass for furniture and contents of 8 pounds per square foot of floor area	Same as standard reference design, plus any additional mass specifically designed as a thermal storage elementc but not integral to the building envelope or structure.
Structural mass		For masonry floor slabs, 80% of floor area covered by R-2 carpet and pad, and 20% of floor directly exposed to room air	As proposed
		For masonry basement walls, as proposed, but with insulation required by Table R402.1.4 located on the interior side of the walls	As proposed
		For other walls, for ceilings, floors, and interior walls, wood frame construction	As proposed
Heating systemsd, e		Fuel type: same as the proposed design Efficiencies: Electric: air-source heat pump with prevailing Federal minimum standards Nonelectric Furnaces: natural gas furnace with prevailing Federal minimum standards Nonelectric boilers: natural gas boiler with prevailing Federal minimum standards Capacity: sized in accordance with Section N1103.7	As proposed
Cooling systemsd, f		Fuel type: electric Efficiency: in accordance with prevailing Federal minimum standards Capacity: sized in accordance with Section N1103.7	As proposed
Service water heatingd, e, f		Fuel type: same as proposed design Efficiency: in accordance with prevailing Federal minimum standards Use: gal/day = 30 + 10 x Nbr Tank temperature: 120° F.	As proposed standard reference
Thermal distribution systems		Duet insulation: from Section N1103.2.1 A thermal distribution system efficiency (DSE) of 0.88 shall be applied to both the heating and cooling system efficiencies for all systems other than tested duet systems. For tested duct systems, the leakage rate shall be 4 cfm (113.3 L/min) per 100 ft2 (9.29 m2) of conditioned floor area at a pressure of differential of 0.1 inches w.g. (25 Pa)	As tested or specified in Table R405.5.2(2) if not tested. Duct insulation shall be as proposed.
Thermostat		Type: Manual, cooling temperature set point = 75° F.; Heating temperature set point = 72° F.	Same as standard reference
For SI: 1 square foot = 0.93 m2, 1 British thermal unit = 1055 J, 1 pound per square foot = 4.88 kg/m2, 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad
a.	Where required by the code official, testing shall be conducted by an approved party. Hourly calculations as specified in the ASHRAE Handbook of Fundamentals, or the equivalent shall be used to determine the energy loads resulting from infiltration.

79. M1305.1.4.1 Ground Clearance. To read "Equipment and appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending not less than two (2) inches (50.8 mm) above the adjoining ground. Such support shall be in accordance with the manufacture's installation instructions. Appliances suspended from the floor shall have a clearance of not less than six (6) inches (152 mm) from the ground."

80. M1601.4.1 Joints And Seams. First sentence to read "Joints of duct systems shall be made substantially airtight in an unconditioned area by means of tapes, mastics, liquid sealants, gasket or other approved closure systems."

81. G2408.4 (305.7) Clearances From Grade. To read "Equipment and appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending not less than two (2) inches (50.8 mm) above the adjoining ground. Such support shall be in accordance with the manufacture's installation instructions. Appliances suspended from the floor shall have a clearance of not less than six (6) inches (152 mm) from the ground."

82. P2503.6 Shower Liner Test. Delete entire Subsection.

83. P2603.5.1 Sewer Depth. Amend by inserting the numbers 18" and 30" respectfully.

84. P2609.3 Delete entire Section.

85. P2609.4 Delete entire Section.

86. P2903.4.3 Expansion Tanks. Add Any system with a new or a replacement water heating apparatus shall be provided with an approved, listed and adequately sized thermal expansion device (expansion tank), installed within ten (10) feet of and on the cold water supply to the water heater. The tank may be installed in a vertical up, vertical down, or horizontal position in accordance with the manufacturers' recommendation.

Exception:
1)	Listed non-storage instantaneous heaters having an inside diameter of not more than three (3) inches.
2)	Water heaters, thirty (30) gallons or less, installed under counter or in confined spaces in multi-family unites, may use adequately sized mechanical water hammer arrestors to provide for thermal expansion with the approval of the authority having jurisdiction or his/her representative.
3)	One- and two-family residences served by private well.

87. P3003.9.2 Solvent Cementing. Delete the word PURPLE.

88. P3005.2. Insert the following: "Cleanout must be a minimum of thirty-six (36) inches off the finished floor."

89. P3102. Stack Required. Add the sentence to read: "Every building in which plumbing is installed shall have at least one (1) stack the size of which is not less then seventy-five percent (75%) of the required size of the building drain. Such stack shall run undiminished in size."

90. P3103.2 Frost Closure. By changing three (3) inches to read two (2) inches.

91. P3201.2.1 Delete and insert in lieu thereof the following: Trap seal protection. Traps seals of emergency floor drain traps and traps subject to evaporation shall be protected by one (1) of the methods in Sections P3201.2.1.1 through P3201.2.1.4.

Exception: Basement floor drains with a condensate line draining to it.

92. Adopt Appendix A Sizing and Capacities of Gas Piping.

93. Adopt Appendix B Sizing of Venting Systems serving appliances equipped with draft hoods, Category 1 appliances, and appliances listed for use with type B vents.

94. Adopt Appendix C Exit terminals of mechanical draft and direct-vent venting systems.

95. Adopt Appendix D Recommended Procedure for safety inspection of an existing appliance installation.

96. Delete Appendix E of the 2009 Residential Code and the following is substituted in its place:

Local Manufactured Housing Standards.

a. AE 101 New Installation. Placement of manufactured housing is subject to the Zoning Regulation, Chapter 400.

b. AE102 New Manufactured Housing Sites.

On all new manufactured housing sites, the area of the unit plus ten (10) feet surrounding the unit must be graded level, or fill may be used to level the site. All supports must go through fill into original soil, or fill may be compacted per the 2015 International Building Code requirements, Section 1802. A compaction report would be required from a soil engineer.

c. AE103 Manufactured Units Installed On Foundations.

Foundations are required to be poured concrete or concrete blocks with mortar designed to bear the weight of the unit. Footings are required to be installed with a dimension of eight (8) inches by sixteen (16) inches. The foundation walls shall extend a minimum of thirty (30) inches below the surface and eighteen (18) inches above the surface.

d. AE104 Manufactured units may be installed on piers, runners and/or pad when approved in certain zone districts.

e. AE104.1 Types Of Supports.

(a)	Piers: Pier footings shall be twenty-four (24) inch by twenty-four (24) inch by a minimum thirty (30) inch deep poured concrete below grade. Pier footings shall be poured directly under the frame of the mobile home and located within two (2) feet from the end of the mobile home. All other footings shall be no further than eight (8) feet on center. All grass, topsoil, and fill shall be removed down to solid ground or compacted to code requirements.
(b)	Runners: Runners length way shall be poured directly under the frames of the mobile home and a minimum of one (1) foot past support points in length. Support points shall be within two (2) feet of each end. Cross Runners shall be a minimum of ten (10) feet long and located within two (2) feet from each end of the mobile home. All other runners shall be no further than eight (8) feet on center from each other. All runners shall be a minimum of twenty-four (24) inch wide by twelve (12) inches deep with two (2) one-half (1/2) inch rebar running full length. All runners shall be poured below grade and in solid ground no more than one-inch slope in twelve (12) feet.
(c)	Pad: The pad must be a minimum of ten (10) feet wide for up to a fourteen (14) feet wide unit, or a minimum of one (1) foot past support points in length. Double wide mobile homes shall have a minimum twenty-foot wide pad for up to a twenty-four-foot wide unit, or other approved installation. The pad shall be a minimum four (4) inches thick concrete, reinforced with concrete wire mesh, minimum ten (10) gauge, six (6) by six-inch grid; or one-half (1/2) inch rebar twenty-four inch on center both ways no more than one (1) foot in eighty-foot slope.

f. AE104.2 Other requirements for securing manufactured units not on foundations.

Tie down Requirement — All manufactured homes shall be tied down in accordance with the manufacturers specifications. The applicant shall submit the tie-down requirements, as specified by the manufacturer, with the application for the building permit. A system designed to withstand a ninety-mile per hour wind velocity shall be a minimum approved system. Ground anchors must be used when installing mobile units on pier footings or runners. Each anchor shall have a registered holding strength of four thousand eight hundred (4,800) pounds. Where the manufacturer does not provide specifications or the specifications are less stringent, the following standards shall apply:

Mobile Home Size	No. of Diagonal Ties Per Side	No. of Vertical Ties Per Side
10' — 12' Wide by 30' — 50' Long	3	2
10' — 12' Wide by 50' — 60' Long	4	2
12' — 16' Wide by 60' — 80' Long	4	2
***Note: Where a unit is not designed for vertical ties, six (6) diagonal ties per side are required***

g. AE104.3 Reinstallation On Existing Pad, Extending By Piers. As an option of extending pad.

Pier footings can be used only to extend the length of an existing slab or runners to accommodate a longer single wide unit. Pier footings shall be twenty-four (24) inch by twenty-four (24) inch by minimum thirty (30) inch deep poured concrete below grade. Pier footings shall be poured directly under the frame of the mobile home and located within two (2) feet from the end of the mobile home.

All other footings shall be no further than eight (8) feet on center. All grass, top soil, and fill shall be removed down to solid ground or compacted to FHA standards for a single-family dwelling.

h. AE105 Type, Location, and Maximum Height of Blocking at Support Points.

A minimum of eight (8) inches by eight (8) inches by sixteen (16) inches concrete block shall be used with the open cells placed vertically; all blocks capped with solid oak or yellow pine wood, a minimum of one and one-half (1 1/2) inches thick, or two (2) inch by sixteen (16)inch solid concrete block. A maximum of two (2) cappings per stack of blocks can be used. All blocks must be located on the supports so there is a minimum of one (1) foot of concrete exposed beyond the outer side or end of the block. All blocks must be set so the length of the block is perpendicular to the length of the beams. Maximum height of all blocking shall be five (5) blocks.

i. AE106 Stairs, Landings, or Decks for Manufactured Homes.

At each door, there must be a set of stairs, landing or deck constructed in compliance with the 2009 International Residential Code, Section R312 and amendments to the 2009 International Residential Code. All stairs and landings must be set on a level, stabilized base consisting of either a minimum three (3) foot by three (3) foot by four (4) inch deep concrete pad; or a set of four (4) 4 x 4 treated posts, two (2) feet deep into the ground, lag bolted to two (2) 2 x 6 treated boards across the post at grade level. All stairs and landings must be permanently bolted to either the home or the stabilized base. If a landing is constructed, it must be a minimum of three (3) feet square. All decks, guardrails and handrails must be constructed in compliance with this code. The base of all stairs and/or edge of landings or decks cannot extend over the required setback lines. All doors shall have decks or landings.

j. AE107 Smoke Detector.

The mobile home, trailer, or similar unit or structure must have operating smoke detectors installed in each bedroom and in hallway outside of each bedroom. Single station smoke alarms shall be battery operated or shall receive their primary power from the building wiring provided that such wiring is served from a commercial source. When power is provided by the building wiring, the wiring shall be permanent and without a disconnecting switch other than those required for over current protection. If an AC smoke alarm is replaced it must be replaced with an AC-DC smoke alarm. An AC-DC smoke alarm may only be replaced with another AC-DC smoke alarm.

k. AE108 Carbon Monoxide Detectors.

A carbon monoxide detector shall be located outside each sleeping area on the ceiling or wall and within ten (10) feet of each bedroom door. When the smoke detectors are interconnected a combination smoke alarm and carbon monoxide detector could be installed in place of the smoke detector in the hallway.

Exceptions:

A home without any fuel fired appliances or attached garage.

l. AE109 Skirting:

In order to properly inspect the trailer, mobile home, or similar unit, no skirting shall be installed until the rough inspection has been made and approved. The skirting shall be installed at the time of the final inspection.

m. AE110 Gutters.

Modular and manufactured homes installed on foundations shall be provided with gutters and downspouts to dispose of roof drainage. These must be installed before final inspection.

n. AE 111 Unoccupied Manufactured Home Site Or Manufactured Home Park. A manufactured home shall not be reinstalled or altered without first obtaining a permit from the City of Herculaneum. Said installation must meet all current code requirements. In a manufactured home park, it shall be the duty of the park owner to apply for the building permit for each manufactured housing unit site. The installation shall meet all code requirements. Distance from road easements, lot lines, and distance between units may be waived whenever it is shown to the Building Official's satisfaction that the proposed installation sought in the permit will not encroach any further than that which previously existed.

97. Adopt Appendix F Radon Control Methods.

98. Adopt Appendix G Piping Standards For Various Applications.

99. Adopt Appendix H Patio Covers.

100. Delete Appendix I Private Sewage Disposal.

101. Adopt Appendix J Existing Buildings and Structures.

102. Adopt Appendix K Sound Transmission.

103. Adopt Appendix M Home Day Care R-3 Occupancy.

104. Adopt Appendix N Venting Methods.

105. Adopt Appendix P Sizing of Water Piping System.

Section 500.030 International Fuel Gas Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. The International Fuel Gas Code 2015: The following shall be added to, inserted, deleted, or changed in The International Fuel Gas Code, 2015, First Edition, as follows.

1. FG-101.1 Title. Delete and add the following:

These regulations shall be known as the Fuel Gas Code of The City of Herculaneum, hereinafter referred to as "this code."

2. 106 Permits. Delete in its entirety and refer to B-109.2.

3. 106.6.2 Fees. Delete in its entirety and refer to B-109.2, 109.2.1, 109.2.2, 109.2.3, 109.2.3.1.

4. 109 Means of Appeal. Delete in its entirety and refer to B-113.

5. 309.2 Connections. Amend by deleting the words "ICC Electrical Code" and substitute the words "2014 National Electrical Code."

Section 500.035 International Mechanical Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. International Mechanical Code 2015. The following shall be added to, inserted, deleted or changed in the International Mechanical Code, 2015, First Edition as follows:

1. 101.1 Title. Delete and add the following:

These regulations shall be known as the International Mechanical Code of The City of Herculaneum, hereinafter referred to as "this code."

2. 106 Permits. Delete in its entirety and refer to B-109.2.

3. 106.5.2 Fees. Delete in its entirety and refer to B-109.2, 109.2.1, 109.2.2, 109.2.3, 109.2.3.1.

4. 109 Means Of Appeal. Delete in its entirety and refer to B-113.

5. 403.1 Ventilation System is amended by adding Subsection 403.1.1 Return Air to read as follows: Each bedroom shall have a return air system equal to the supply.

6. 603.6.1.1 Duct length is amended by changing the sentence to read "Flex air ducts shall be limited in length to no more than eight (8) feet."

Section 500.040 International Energy Conservation Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. International Energy Conservation Code 2015. The following shall be added to, inserted, deleted or changed in the International Energy Conservation Code, 2015, as follows:

1. 101.1 Title. Insert the wording "The City of Herculaneum" as follows: These regulations shall be known as the International Energy Conservation Code of "City of Herculaneum," hereinafter referred to as "this code."

2. 107.2 Schedule Of Permit Fees. Delete in its entirety and refer to B-109.2.1.

3. 109 Means Of Appeal. Delete in its entirety and refer to B-113.

4. Chapter 4. Commercial Energy Efficiency. Delete entire Chapter.

Section 500.045 International Plumbing Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. International Plumbing Code 2015. The following shall be added to, inserted, deleted or changed in the International Plumbing Code, 2015, as follows:

1. 101.1 Title. Insert the wording "City of Herculaneum" as follows: These regulations shall be known as the International Plumbing Code of "City of Herculaneum," hereinafter referred to as "this code."

2. 106.6.2 Fee Schedule is Deleted — Refer to B-109.2, 109.2.1, 109.2.2, 109.2.3, 109.2.3.1.

3. 109 Means Of Appeal. Delete in its entirety and refer to B-113.

Protection of Pipes and Plumbing System Components.

4. 305.4.1 — Sewer Depth is amended by inserting the wording "eighteen (18) inches" below finished grade at the point of septic tank connection. Building sewer shall be a minimum of thirty (30) inches below grade.

5. 406.2 Amended by deleting "three (3) inches" and substituting "two (2) inches."

6. 412.3.1 Add Floor Drains. A minimum of one (1) floor drain shall be required for all residential structures with basements.

7. 417.3 Shower Waste Outlet is amended by deleting "one and one-half (1 1/2) inch" and substituting "two (2) inches."

8. 602.1 General is amended by adding Section 602.1.1 to read as follows: "Every structure requiring a potable water source shall be required to connect to a public water main, if said main is within four hundred (400) feet of the structure's property line."

9. 603.2 Separation of Water Service and Building Drain/Sewer is amended by deleting the words "five (5) feet" and substituting "ten (10) feet."

10. 605.3 Table Water Service Pipe is amended by deleting "Type M and WM."

11. 607.3.3 Expansion Tanks. Any system with a new or a replacement water heating apparatus shall be provided with an approved, listed and adequately sized thermal expansion device (expansion tank), installed within ten (10) feet of and on the cold water supply to the water heater. The tank may be installed in a vertical up, vertical down, or horizontal position in accordance with the manufacturers' recommendation.

Exception:
1.)	Listed non-storage instantaneous heaters having an inside diameter of not more than three (3) inches
2.)	Water heaters, thirty (30) gallons or less, installed under counter or in confined spaces in multi-family unites, may use adequately sized mechanical water hammer arrestors to provide for thermal expansion with the approval of the Authority Having jurisdiction or his/her representative.

12. 608.13 Registrations, Maintenance and Testing Required, is amended by adding the following:

1.	Backflow prevention devices installed in accordance with this code shall be tested and certified as to proper operation at the time of installation and each year thereafter by persons who are properly licensed or certified pursuant to this code.
2.	At the time of installation a permanent tag shall be attached to the backflow prevention device on which shall be recorded the permit number, the tester's name, registration number, and the date tested. Each subsequent test shall be recorded on the tag in like manner. Thais tag shall remain attached to the device until such time as the device is replaced or retired. Tags shall be made of materials sufficiently durable to withstand the environment in which the device is installed. The water customer shall maintain all backflow prevention devices in proper working condition.
3.	The installation testing and maintenance of backflow prevention devices shall be performed in accordance with this code. In addition regulations, requirements, standards and procedures established by the Missouri Department of Natural Resources, Public Drinking Water Program becomes a requirement of this code.
4.	The results of such test shall be submitted to The City of Herculaneum Water Department within thirty (30) days after making such test, on a form, which is acceptable to the Building Official, and shall be completed and signed by the tester. A copy shall also be provided, within thirty (30) days, to the owner, and water customer if different than the owner.
5.	Installations and Initial Test of Backflow Prevention; devices. The installation and initial test of backflow prevention devices shall be performed in accordance with this code and the standards and procedures established by the Missouri Department of Natural Resources, Public Drinking Water Program by persons who are properly licensed pursuant to this code who also possess a current Backflow Prevention Device Tester Certificate issued by the Missouri Department of Natural Resources. A licensed Master Sprinkler Fitter or Journeyman Sprinkler Fitter may only test fire suppression backflow prevention devices.
	The testing, repair, replacement or retrofit installation of existing Backflow Prevention Devices for Plumbing systems and Process Piping systems may be performed by a current Backflow Prevention Device Tester Certificate issued by the Missouri Department of Natural Resources.
	The testing, repair, replacement or retrofit installation of existing Backflow Prevention Devices for fire suppression systems may be performed by Master Sprinkler fitters or who also possess a current Backflow Prevention Device Tester Certificate issued by the Missouri Department of Natural Resources.

13. 701.2 Sewer Required is amended by deleting the words "where available" and substituting "if within four hundred (400) feet of the structure's property line."

14. 703 Building Sewer is amended by adding Subsection 703.7 entitled "Minimum size building sewers" and to read as follows: "The gravity building sewer shall not be less than four (4) inches in size."

15. 708.1.10 Clean Out is amended by adding the sentence: "A minimum of thirty-six (36) inches from the finished floor."

16. 710.1(1) Table Building Drains and Sewers amend by adding footnote a "The minimum size of the main building drain shall be four (4) inches" and by adding footnote b "The maximum developed length of underground two (2) inches diameter pipe shall be twenty (20) feet."

17. 903.1 Roof Extension. Amend by inserting twelve (12) inches.

18. 903.2 Frost Closure is amended by deleting the number "3" inches and substituting "2" inches.

Section 500.050 National Electrical Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. National Electrical Code 2014: The following shall be added to, inserted, deleted or changed in the National Electrical Code, 2014, as follows:

1. The National Electric Code, 2014 Edition, is hereby amended as follows:

210.8(A) Dwelling Units: Insert the following exceptions;

Exception to (2) and (5): A single receptacle or duplex receptacle for two (2) appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one (1) place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or (A)(8).

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

210.52(G) Basements and Garages: Delete item #1

300.4(a) Cables and Raceways Through Wood Members

One (1) Bored Holes is amended by adding the following to read "All wiring must conform to one (1) cable or raceway per hole when drilled through metal or wood structures."

334.15(D) Protection of Non-Metallic Sheathed Cable Add a new Subsection. All non-metallic sheathed cable shall be protected when installed in or on walls, or in the stud space, below seven (7) feet in height. Such cable shall be protected with drywall or in conduit, its equivalent.

406.12 Tamper-Resistant Receptacles in Dwelling Units: Delete this Subsection.

2. City Of Herculaneum Electrical Code.

E-0.1 TITLE: These regulations shall be known as the City of Herculaneum Electrical Code hereinafter referred to as "this code."

E-0.2 SCOPE: The design and installation of electrical systems shall comply with the requirements of 2014 N.E.C. and this code.

E-0.3 INTENT: This code shall be construed liberally and justly to secure the proper installation of systems for furnishing electricity; and to insure public safety, health and welfare insofar as they are affected by the installation and maintenance of electrical systems.

E-0.4 REFERENCE: Reference Standard NFPA 70

E-1.0 APPLICABILITY

E-1.1 GENERAL: The provisions of these regulations shall cover all matters affecting or relating to buildings and structures as set forth in Section 11

E-1.2 MATTERS NOT PROVIDED FOR: Any electrical requirement essential for the safety of an existing or proposed building, or structure, or essential for the safety of the acceptance thereof, and which is not specifically covered by this code, shall be determined by the Building Official.

E-1.3 CONTINUATION OF UNLAWFUL USE: The continuation of occupancy or use of a building or structure, or part thereof contrary to the provisions of this code shall be deemed a violation, and subject to the penalties prescribed in B-114

E-1.4 REFERENCED STANDARDS: Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.

E-2.0 VALIDITY

E-2.1 PARTIAL INVALIDITY: In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

E-2.2 SEGREGATION OF INVALID PROVISIONS: Any invalid part of this code shall be segregated from the remainder of the code by the court holding such part invalid, and the remainder shall remain effective.

E-2.3 EXISTING STRUCTURES: The invalidity of any provision in any Section of this code as applied to existing buildings and structures shall not be held to affect the validity of such Section in its application to buildings and structures hereafter erected.

E-2.4 SAVINGS CLAUSE. Nothing in this Building Code or in the Electrical Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited herein; nor which any just or legal right or remedy of any character be lost, impaired or affected by this Building Code.

E-3.0 EXISTING ELECTRICAL SYSTEMS

E-3.1 APPLICATION: This code shall apply to existing electrical systems as described in this Section.

E-3.2 ALTERATIONS OR REPAIRS: Alterations or repairs to any electrical system shall conform to that required for a new electrical system without requiring the existing electrical system to comply with all the requirements of this code. Alterations or repairs shall not cause an existing electrical system to become unsafe nor adversely affect the performance of the electrical system.

E-3.3 ADDITIONAL LOADS: Where additions or alterations subject parts of existing systems to loads exceeding those permitted herein. Such parts shall be made to comply with this code.

E-3.4 DEFECTIVE WIRING: Should the Building Official find that any electric wiring system, or portion thereof, of any building, structure, premises, or any portion thereof be in such a defective condition as likely to cause immediate danger or likely to cause immediate injury to the lives of persons located within such building or structure or upon such premises, or likely to cause immediate injury or damage to such building or structure, or any property or structure within or without the immediate area of such building, structure or premises, or upon the premised wherein such systems is located, the Building Official shall forthwith notify the owner or owners, tenant or tenants, or lessee or lessees, or the occupant or occupants of such fact, and order the owner or owners, tenant, or tenants, lessee or lessees or the occupant or occupants to remove all persons there from, forthwith rending the electrical wiring system safe and to correct such defective condition within twenty-four (24) hours. Should such systems be not made safe and place in a safe condition within such twenty-four-hour period as ordered by the Building Official, the Building Official is authorized to order the electric power company to forthwith disconnect the electric service power or current from such building, structure or premises.

Any electric power company, upon receiving such notice from the Building Official shall immediately disconnect the electric service or current to such building, structure, or premises and no electric service or current shall be furnished to such building, structure, or premises by such company until so ordered by the Building Official. Any owner or owners, tenant or tenants, lessee or lessees, occupant or occupants of such building, structures, or premises aggrieved by any action of the Building Official under the provisions of this Section, may appeal such action.

E-4.0 EXISTING USE

E-4.1 CONTINUATION: The legal use and occupancy of any structure existing on the effective date of adoption of this code, or for which it has been heretofore approved, shall be continued without change except as shall be specifically covered in this code.

E-4.2 CHANGE IN USE: It shall be unlawful to make any change in the use or occupancy of any structure which subjects it to any special provisions of this code without approval, and certification that such structure meets the intent of the provisions of law governing building construction for the proposed new use and occupancy and that such change does not result in any hazard to public health, safety, or welfare.

E-4.3 UNSAFE WIRING, ELECTRICAL EQUIPMENT, FIXTURES AND DEVICES:

Installed fixtures, wiring or electrical equipment of any premise found to be in an unsatisfactory or hazardous condition shall be repaired, renovated, replaced or removed immediately subsequent to the issuance of a written notice of the unsafe or hazardous condition by the Building Official.

E-4.4 AUTHORITY TO PLACARD: The Building Official has the authority to post in a conspicuous place on a building or premise where the electrical system has been found to be unsafe or inadequate.

E-4.4.1 PLACARDED BUILDING: Placards shall remain on said building until the required repairs, replacements, or improvements have been made and accepted by the Building Official and it shall be unlawful to deface or willfully remove any such placard that has been posted on a building without first obtaining consent of the Building Official. It shall be unlawful for any person to reside in, use, rent, lease, or occupy such building for any purpose while so placarded.

E-5.0 REPAIRS & MAINTENANCE

E-5.1 ORDINARY REPAIRS: Minor repairs or replacements of any existing system are permitted to be made in the same manner and arrangement as in the existing system, provided such repairs or replacements are made in a safe manner and are approved.

E-5.2 MAINTENANCE: All electrical systems both existing and new shall be maintained in a safe condition. All service equipment, devices and safeguards which are required by this code or which are required in a building or structure by previous statute, shall be maintained in working order.

E-5.3 OWNER RESPONSIBILITY: The owner and designated agent and the persons collecting rent shall be responsible for the safe maintenance of the electrical system in any building or structure at all times.

E-5.4 GENERAL: Buildings and structures moved into or within The City of Herculaneum shall comply with the provisions of this code or new buildings or structures.

E-6.0 APPROVAL

E-6.1 APPROVED MATERIALS AND EQUIPMENT: All materials, equipment, and devices approved for use by the Building Official shall be constructed and installed in accordance with such approval.

E-6.2 MODIFICATIONS: The Building Official shall have the right to vary or modify the provisions of this code upon application by the owner or a representative, provided that the spirit and intent of law is observed and public health, safety and welfare is assured.

E-6.3 ALTERNATIVE MATERIALS AND EQUIPMENT: The provisions of this code are intended to prevent the use of any material or equipment not specifically prescribed by this code, provided any such alternative has been approved. An alternative material, equipment, or method of construction shall be approved when the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistant, durability, and safety.

E-6.4 RESEARCH AND INVESTIGATIONS: The Building Official may require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the Building Official shall approve its use subject to the requirements of this code. The costs of all tests, reports, and investigations required under these provisions shall be paid by the applicant.

E-7.0 BUILDING OFFICIAL

E-7.1 GENERAL: There is hereby created within the Building Division a Section of Electrical Regulations and Inspections which shall have control and enforce all codes, regulations, and ordinances pertaining to electrical installations and systems in accordance with this code. The head of this Section shall be known as the Electrical Inspection. Throughout this code, the

E-7.2.1 ELECTRICAL INSPECTORS: There shall be appointed by the Mayor and Board of Aldermen a sufficient number of electrical inspectors to adequately perform all inspection duties and enforce all ordinances pertaining to the Section of Electrical Regulation and Inspection in accordance with subsequent Sections of this code. All electrical inspectors shall have had at least five (5) years experience and possess the qualifications set forth by the Mayor and Board of Aldermen.

E-7.3 RELIEF FROM PERSONAL RESPONSIBILITY: The Building Official, officer, and employees charged with the enforcement of this code, while acting for The City of Herculaneum, shall not thereby be rendered liable personally, and are hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties.

Any suit instituted against any officer or employee because of an act performed in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of The City of Herculaneum until the final termination of the proceedings. The Building Official, or any subordinates, shall not be liable for any cost in or arising from any action, suit, or preceding that is instituted in pursuance of the provisions of this code. Any officer of the Code Enforcement Division acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

E-7.4 RULE MAKING AUTHORITY: The Building Official shall have power, as necessary in the interest of public health, safety, and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this code, to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall have the effect of furthering or interpreting electrical safety.

E-8.0 DUTIES AND POWERS OF THE BUILDING OFFICIAL

E-8.1 GENERAL: The Building Official shall enforce all of the provisions of this code and shall act on any question relative to the mode or manner of construction and the materials to be used in the installation of electrical work, except as otherwise specifically provided for by other requirements or in the following Sections E-8.2 through E-8.12.

E-8.2 APPLICATIONS AND PERMITS: No wiring system or electrical equipment shall be installed within or on any building or premises, nor shall any alterations or additions be made in any such existing installations, without first filing in the office of the Building Official a written application for a permit to do the work contemplated, except as provided in this code. The application shall describe in detail the nature of the work, the location thereof by street and number, the date of the beginning of the work and the tentative completion date thereof. No person shall begin the work unless and until they shall have received the permit. In the case of emergency, work may begin upon the verbal request and verbal permission of the Building Official, upon the condition that such written application shall be filed in the office of the Building Official without delay. No permit provided for in this Section shall be assignable, transferable, or used to aid or abet an unlicensed person in the performance of electrical work. Should the Building Official find that the work is completed in accordance with the provisions of this Article the Building Official shall, upon the payment of the prescribed inspection fee, approve such work. If the Building Official should find that the work be not completed in accordance with the provisions of this Article or that the work was done by a person not licensed as hereinafter provided, the Building Official is hereby empowered and directed, in addition to the other penalties in this Article, to order the electric power company to disconnect the electric current from the building, structure, or premises where the work was done. It shall be unlawful to use or permit the use of or to supply electric current for heating, lighting or power in any building, structure, or premises, unless the required permit has been issued by the Building Official. Nothing in this code is applicable to buildings, structures, or premises owned and operated by the United States of America or the State of Missouri.

E-8.3 EXEMPTIONS: A permit shall not be required for the execution and use of the classes of work specified in the following Sections E-8.5 through E-8.8.

E-8.4 REPAIRS AND MAINTENANCE: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approve permanently installed receptacles.

E-8.5 PUBLIC SERVICE AGENCIES: The installation, alteration or repair of electrical equipment for the operation of communications and signals or the transmission of intelligence by wire by public service agencies except as provided in this Building Code for fire alarm systems.

E-8.6 POWER COMPANIES: The installation, alteration, or repair of electrical equipment of a power or public service company for its use in the generation, transmission, distribution, or metering of electricity.

E-8.7 TEMPORARY TESTING SYSTEMS: The installation of any temporary system required for the testing or servicing of electrical or apparatus.

E-8.8 NOTICES AND ORDERS: The Building Official shall issue all necessary notices or orders to abate illegal or unsafe conditions and to insure compliance with all code requirements for the safety and general welfare of the public.

E-8.9 INSPECTIONS: The Building Official shall make all of the required inspections, or may accept reports of inspection by authoritative and recognized services or individuals. All reports of the inspections shall be in writing and certified by a responsible officer of the authoritative service or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.

E-8.10 CREDENTIALS: The Building Official or an authorized representative, shall carry proper credentials of office for the purpose of inspecting any and all buildings and premises in the performance of their duties.

E-8.11 DEPARTMENT RECORDS: The Building Official shall keep official records of electrical applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. These records shall be retained in the official records that are required by law.

E-9.0 APPLICATION FOR PERMIT

E-9.1 PERMIT REQUIRED: No owner, lessee or keeper of any structure or premises, or the agent thereof where the agent orders electrical work to be done, shall cause or permit electrical work, except minor repairs to be done in, or upon or about any building or premises until the person proposing to do the work shall have first procured a permit from the Building Official authorizing it to be done, nor shall any person commence any electrical work until they shall have obtained a permit from the Building Official authorizing the work to be done. The fees for these permits shall be paid to the Building Official for each permit herein required. All work shall be done by them or their employee in whose name the permit or permits required by this Section are issued. Any owner, lessee, keeper, agent, or electrician who shall fail to comply with or who shall violate any of the provisions of this Section shall be subject to the penalty provisions of B-114

E-9.2 FORM: The application for a permit for electrical work shall be recorded on forms prepared and provided by the Building Official and accompanied by an adequate description either written or oral of the proposed electrical work.

E-9.3 BY WHOM APPLICATION IS MADE: Application for a permit shall be made by the person, or an agent, to install all or part of any electrical system. The applicant shall meet all qualifications established by this code.

E-9.4 DESCRIPTION OF WORK: The applicant shall describe the work to be installed, the location of the work, the use and occupancy of the building in which the work is to be performed and the date the work is to commence.

E-9.5 PLANS AND SPECIFICATIONS: The Building Official is authorized to require the submission and approval of plans and specifications in duplicate showing the nature and extent of the proposed work before a permit is issued. If, in the course of work, it is found necessary to make any change from the approved plans and specifications on which a permit has been issued, amended plans and specifications shall be submitted, and if approved, a supplementary permit shall be issued to cover the change after the same conditions required to secure the original permit have been satisfied.

E-9.6 AMENDMENTS: Subject to the limitations of Section E-9.5, amendments to a plan, application or other records accompanying the amendments shall be filed at any time before completion of the work for which the permit is sought or issued. The amendments shall be deemed part of the original application and shall be filed therewith.

E-9.7 TIME LIMIT: An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing, unless the application has been diligently prosecuted or a permit shall have been issued. The Building Official shall grant one (1) or more extensions of time for additional periods not exceeding one hundred eighty (180) days, if there is reasonable cause.

E-9.8 PERMIT CANCELLATION: A permit will be considered for cancellation if the owner of the property or the Contractor shall request cancellation, in writing, stating the reasons for the request for cancellation. No refund of fees shall be made. In addition, the Building Official may revoke the permit for fraud, for noncompliance with this code, or for failure to pay the prescribed fees.

E-9.9 WORK NOT IN COMPLIANCE: Should the electrical Contractor install work that is not in compliance with the Electrical, Fire, or Building Code, the Contractor shall be directed by the Building Official to make necessary corrections to assure code compliance and no other permits shall be issued to the Contractor until the work is corrected and approved by the Building Official.

SECTION E-10.0 PERMITS

E-10.1 ACTION ON APPLICATION: The Building Official shall examine or cause to be examined all applications for permits and amendments thereto. If the applications or plans do not conform to the requirement of all pertinent laws relating to electrical systems, the application shall be rejected, in writing, stating the reasons. If the Building Official is satisfied that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, a permit shall be issued. An electrical permit shall not be transferable.

E-10.2 Previous Permit Approvals. No provisions of this code shall require changes in the electrical system of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the installation of which shall have been actively prosecuted within ninety (90) days after the effective date of this code and completed with dispatch.

EXCEPTION: Unsafe electrical systems or installations

E-10.3 APPROVAL IN PART: The Building Official is authorized to issue a permit for the installation of part of an electrical system before the application for the whole system has been submitted provided adequate information and detailed statements have been filed complying with all the pertinent requirements of this code. Holders of these permits shall proceed at their own risk with the work and without assurance that a permit for the entire system shall be granted.

E-10.4 REVOCATION: The Building Official may revoke a permit or approval issued under the provisions of this code in case of any false statements or misrepresentation of fact in the application or plans on which the permit or approval was based or for any reason set forth in Section E-9.8.

E-10.5 REVOCATION OF PERMIT: Any permit issued shall become invalid if the authorized work is not commenced within six (6) months after issuance of the permit, or if the authorized work is suspended or not prosecuted for a period of six (6) months after the time of commencing work.

E-11.0 CONDITIONS OF PERMIT

E-11.1 COMPLIANCE WITH CODE: The permit shall be a license to proceed with the work, but is not authoritzed to violate, cancel or set aside any of the provisions of this code, except as specifically stipulated by modification or legally granted variation as described in the application.

E-11.2 COMPLIANCE WITH PERMIT: All work shall conform to the approved application for which the permit has been issued and any approved amendments thereto.

E-11.3 GENERAL: All electrical installations, regardless of type, which constitute a hazard to human life, health or welfare, are hereby declared illegal, a public nuisance, and shall be abated by repair and rehabilitation, removal or by cessation of service.

E-12.0 EMERGENCY MEASURES

E-12.1 VACATING STRUCTURES: When there is an actual and immediate condition that would endanger life, the Building Official is authorized and empowered to order and require the occupants to vacate a structure forthwith. The Building Official shall cause to be posted at each entrance to the structure a notice reading as follows: THIS STRUCTURE IS UNSAFE AND HAS BEEN CONDEMNED FOR OCCUPANCY. It shall be unlawful for any person to enter this structure, except for the purpose of making the required repairs or removal. The procedure for this shall be as set out in the Existing Structures Code of City of Herculaneum, as amended.

Section 500.060 International Property Maintenance Code — Additions, Insertions, Deletions And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. International Property Maintenance Code 2015. The following shall be added to, inserted, deleted or changed in the International Property Maintenance Code, 2015 as follows:

1. PM 101.1 Title. Delete in its entirety and add the following: These regulations shall be known as the Property Maintenance Code of the City of Herculaneum, hereinafter referred to as "this code."

2. PM 102.3 Application Of Other Codes. Delete the last sentence.

3. PM 111 Means Of Appeal. Delete and Refer to B-113.

4. PM 112.4 Failure To Comply. Insert not less than five dollars ($5.00) or more than five hundred dollars ($500.00).

5. PM 302.4 Weeds insert: eight (8) inches

6. PM 304.11 Solid Fuel Burning Appliances. Add a new Subsection:

All solid burning fuel appliances installed in one- and two-family dwellings shall be listed by a nationally recognized testing agency and shall be installed per the manufactures installation instructions.

7. PM 304.15 Doors. Delete in its entirety and add the following:

Double cylinder dead bolts are not approved to be used on any exterior door or the garage separation door.

8. PM 603.1.2 Heating Equipment In Residential Garage. Add a new Subsection:

All heating equipment shall be separated from the garage by approved separation walls when used for home heating. Heating equipment ignition source approved for use in the garage shall be maintained six (6) feet above the garage floor. Heat registers that are connected to the home heating system opened into the garage must be permanently closed off.

Exception:

Appliances located in the private garage shall not apply to this requirement where the appliance are used for heating of the garage, protected from motor vehicle impact and installed in accordance with M304.3

9. PM-604.2.1 Panel Box. Add new Subsection:

Double lugging is not allowed within the panel box. Only one (1) wire per breaker or fuse is allowed. All breakers shall be sized to match the size of wire per 2014 National Electrical Code or as noted on the appliance.

10. PM 605.4 Switches, Receptacles And Junction Boxes.

Add a new Subsection: All switches, receptacles and junction boxes shall have proper covers approved by the manufacture. Wiring splices must be made in approved junction boxes. Open electrical splices are not approved.

11. PM 605.5 Extension Cords. Add a new Subsection:

Extension cords shall not be used for permanent wiring. Cords over the length of six (6) feet shall be removed from service. This includes cords found controlling the garage door opener. A receptacle must be installed within four (4) feet of the garage door motor.

12. PM607.1.1 Venting Of Clothes Dryers And Range Hoods. Add a new Subsection:

Clothes dryer exhaust shall be independent of all other systems and shall be vented to the exterior. The clothes dryer or range vent shall not pass thru the garage.

B. PM 703.1.1. Carport/Garage Separations. Add a new Subsection:

An existing wall that separates a garage and a living area shall be maintained with drywall without any holes, untaped joints or the like.

Section 500.070 International Existing Building Code — Additions, Insertions, Deletions, And Changes.

[Ord. No. 02-2018, 1-8-2018]

A. International Existing Building Code 2015. The following shall be added to, inserted, deleted or changed in the International Existing Building Code, 2015, as follows:

1. 101.1 Title. Insert the wording "The City of Herculaneum" as follows: These regulations shall be known as the International Existing Building Code of "City of Herculaneum," hereinafter referred to as "this code."

2. 108.2 Schedule Of Permit Fees. Delete in its entirety and refer to B-109.2.1.

3. 112.1 Means Of Appeal. Delete in its entirety and refer to B-113.

Article II Miscellaneous Provisions

Section 500.080 Grass or Sod to Be Planted — When.

[Ord. No. 05-032 §1, 9-26-2005]

All home and business property owners must facilitate the growth of grass or plant sod in the yards of all newly constructed homes or businesses within one hundred eighty (180) days of obtaining an occupancy permit.

Section 500.090 Driveways.

[Ord. No. 25-2008 §§1 — 2, 7-14-2008]

A. Driveways.

1. No building permit shall be issued for any building or structure within the City of Herculaneum unless the plan for the same sets forth that a paved driveway will provide access from the street and that no portion of any driveway onto or across said property will remain unpaved. For the purposes of this Chapter, the word "paved" means a surface covered with concrete, asphalt or other substance which is impervious to moisture. No driveways shall consist of dirt, gravel, chat, rock, cinders or other such substance.

2. All buildings or structures constructed within the City of Herculaneum shall have a driveway that is paved as defined above to provide access to said buildings or structure from the street and failure to do so prior to occupancy of the structure shall result in a notice of non-compliance, pursuant to the Herculaneum Municipal Code, and/or prosecution under this Chapter.

3. No person shall construct a driveway, nor an addition to an existing driveway, notwithstanding the presence, adjacent thereto, of any building or structure, which is not paved as defined above.

B. Any language to the contrary in the following codes is hereby repealed.

1. The International Building Code, First Edition, 2003 and its appendices;

2. The International Residential Code, First Edition, 2003 and its appendices;

3. The International Fire Code, First Edition, 2003 and its appendices, as amended by the Additions, Insertions, Deletions and Changes;

4. The International Fuel Gas Code, First Edition, 2003 and its appendices, as amended by the Additions, Insertions, Deletions and Changes;

5. The International Mechanical Code, First Edition, 2003 and its appendices, as amended by the Additions, Insertions, Deletions and Changes;

6. The International Energy Conservation Code, First Edition, 2003 and its appendices, as amended by the Additions, Insertions, Deletions and Changes;

7. The International Plumbing Code, First Edition, 2003 and its appendices, as amended by the Additions, Insertions, Deletions and Changes;

8. The National Electric Code, 2002 Edition and its appendices, as amended by the Additions, Insertions, Deletions and Changes;

9. The International Property Maintenance Code, First Edition, 2003 and its appendices;

10. The International Existing Building Code, First Edition, 2003 and its appendices are hereby repealed.

Section 500.095 Decontamination of Structures Where Methamphetamine Has Been produced.

[Ord. No. 19-2014 §1, 2-24-2014]

A. Purpose. Pursuant to the City of Herculaneum, Missouri, Building Codes, the following standards, requirements and protocols are established for the cleanup of illegal laboratories used to manufacture methamphetamine which property owners are required to meet.

B. Applicability. The requirements of this Section apply when the owner of property that has been posted as an unsafe structure or as a dangerous building receives notification from the Building Code Official of the City of Herculaneum, Missouri, or his/her designee, that chemicals, equipment, or supplies indicative of a drug laboratory, or items used for the manufacture thereof, were located at or on the property, or when a drug laboratory or evidence of the manufacture of methamphetamine are located on or at the property, the owner of the property where the laboratory or evidence of manufacturing of methamphetamine is to receive notice by the City that the property has been posted as an unsafe structure or a dangerous building. Said notice shall be by either registered mail or certified mail, return receipt requested, and by regular mail to the last named owner of the property according to the records of the City of Herculaneum. If the registered mail or certified mail is not accepted, it shall be presumed that the regular mail was sent to the owner of the property and it was received by said owner. Notice can also be provided by posting same on the front door of the premises.

C. Definitions. As used in this Section, the following terms shall have the meanings indicated:

AGENT OF THE OWNER

A current employee or representative of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee or representative of the new owner.

BUILDING

Any building that is used, or designed or intended to be used for human occupancy, habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto whether or not the same are actively used for the purposes prohibited herein.

CHEMICAL STORAGE AREA

Any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.

CONTAMINANT

A chemical residue that may present an immediate or long-term threat to human health and the environment. Methamphetamine or any chemicals, equipment or supply indicative of a drug laboratory of methamphetamine or any derivative thereof or used for the manufacturing thereof is considered a contaminant.

CONTAMINATION or CONTAMINATED

The presence of chemical residues, which may present an immediate or long-term threat to human health or the environment. The presence of any contaminant as described above renders the premises contaminated.

CONTRACTOR

One or more qualified individuals or commercial entities hired to perform work in accordance with the requirements of this protocol.

COOKING AREA

Any area where methamphetamine manufacturing is occurring or has occurred or where the ingredients used for the production for methamphetamine are present.

DANGEROUS BUILDING

A building or structure, or any portion thereof, which is clearly unsafe for its use and occupancy.

DECONTAMINATION

The process of reducing the level of contamination to the lowest practical level using currently available methods. At a minimum, decontamination must reduce contamination of specified substances below the concentrations allowed by this protocol, by concentrations allowed by the State of Missouri, by Jefferson County, Missouri, or by any Federal agency.

DEPARTMENT

The City of Herculaneum Building Department and Code Enforcement.

DISPOSAL

Handling, transportation and ultimate disposition of hazardous materials removed from contaminated properties.

DOCUMENTATION

Preserving a record of an observation through writings, drawings, photographs, or other appropriate means.

FUNCTIONAL SPACE

A space where the spread of contamination may be expected to occur relatively homogeneously, compared to other functional spaces. The Building Inspector, or his/her designee, or any expert acting at the request of the City of Herculaneum, shall determine that the contaminants relating to cooking or possession of methamphetamine might be present. The functional space may be, but is not limited to, a single room or a group of rooms designated by a Building Inspector, or other qualified consultant hired on behalf of the Board of Aldermen, who, based on professional judgment, considers the space to be separate from adjoining areas with respect to contaminant migration. Typical examples of functional spaces include a crawl space, an attic, and the space between dropped ceiling and the floor or roof deck above.

MEDIA

The physical material onto which the sample substrate is collected. Media may include gauze, glass fiber filters, etc. Any other method of collection as approved by the City of Herculaneum, Jefferson County, the State of Missouri or the Federal Government shall also be considered media.

METHAMPHETAMINE

Dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dexto-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 unless the same is specifically provided for by a physician and is in possession of small quantities that have been prescribed by a physician.

PERSON

Any individual, public or private corporation, partnership, limited liability company or association.

PROPERTY

Anything that may be the subject of ownership or possession, including, but not limited to, land, buildings, adjacent structures, vehicles and personal belongings.

PROPERTY OWNER

For the purposes of real property, means the person holding fee title to said real property. Property owner also means the person holding title to a manufactured home or a vehicle. With respect to personal property, the term means the person who lawfully owns such property. There is a rebuttable presumption that the person in possession of such property is, in fact, the property owner.

REMOVAL

The taking out or stripping of material or surfaces to eliminate the potential for exposure to contaminants on or in the material or surfaces.

SUBSTRATE

The material being collected. Substrates may include, but are not limited to, soils, water, painted surfaces, carpet or carpet debris, unidentified powders, dust, etc.

UNSAFE STRUCTURE

Any structure in violation of the City of Herculaneum ordinances where there is a contaminant or the building is considered contaminated as defined herein and is a hazard to the safety, health or public welfare as described herein. The presence of methamphetamine as described above is presumed to be a hazard to safety, health or public welfare.

VACUUM SAMPLE

A non-airborne dust sample collected from a known surface area of a porous surface or material using standard micro-vacuum sampling techniques.

WASTE DISPOSAL AREA

Any area where chemicals used or generated in the manufacture of methamphetamine are disposed or have come to be located.

WIPE SAMPLE

A surface sample collected by wiping a sample media on the surface being sampled. The Building Inspector, or his/her designee, or any qualified consultant acting on behalf of and at the request of the City, may determine that other methods of collection of methamphetamine as set forth above can be used.

D. Assessment. When law enforcement personnel or the Building Inspector discover property where methamphetamine has been produced, or where the equipment and chemicals to produce methamphetamine are present in sufficient quantities to warrant enforcement action, either may take samples using a methamphetamine field test kit. The field test used shall be approved by either the Chief of Police, the Building Official, the Municipal Court or the City Prosecuting Attorney. Any of the above are entitled to approve the method of the field test. The field test shall measure the presence of methamphetamine residue on surfaces at a level that is at least as high as the level established in Subsection F below. This assessment shall be performed by personnel who either the Police Chief, Building Official, or the designee of either, have determined to be appropriately trained, and the assessment shall include, but not be limited to, the following:

1. Assessment of the number and type of structures present on the property where methamphetamine may have been produced.

2. Identification of structural features that may indicate separate functional spaces, such as attics, false ceilings and crawl spaces, basements, closets and cabinets.

3. Identification of the manufacturing methods based on observations, reports from law enforcement personnel and knowledge of manufacturing methods.

4. Identification of possible areas of contamination based on visual observation, reports from law enforcement personnel or other individuals having knowledge of such contamination, and to the proximity to chemical storage areas, waste disposal areas, or cooking areas, or based on any other area within the building or any building located on the subject property or adjacent thereto in which said observation and reports show signs of contaminations such as staining, etching, fire damage, outdoor areas of dead vegetation or where signs of contamination are based on the professional judgment of the person collecting the samples.

5. Identification of adjacent units and common areas to determine the likelihood that contamination has spread or may have been tracked.

6. Identification of common ventilation systems with adjacent units or common areas.

7. On the basis of the analysis of these areas and the judgment of the person collecting the data, a sampling plan will be formulated to determine the areas with the greatest probability of containing the highest possible concentrations of contaminants. Samples will be taken with techniques that are appropriate for the surface being sampled using media and testing kits whether in existence now or developed hereafter which are designed to detect the presence of methamphetamine or any of its derivatives defined herein, the results of which are determined either at the time the samples are collected or within an appropriate time thereafter such as to accurately detect the presence of methamphetamine as described herein.

8. If the field test reveals the presence of methamphetamine at levels in excess of the levels established herein or as established by the County of Jefferson, State of Missouri or the United States, it will be posted as an unsafe structure by the City of Herculaneum Code Enforcement personnel or by his/her designee. The Chief of Police, or his/her designee, shall also be permitted to post the notice as set forth herein. Notice may be posted on the front door of said premises and the structure or unit that is posted as unsafe shall not be occupied until the Code Official orders that the designation of unsafe status has been mediated and removed.

E. Procedures For Assessment Sampling And Testing.

1. While posting of the structure constitutes notice, the Code Official shall also attempt to contact the owner of record of the affected property, or the owner's agent, by providing personal service. If the owner or agent cannot be contacted personally, a letter will be sent by certified mail with return receipt requested and by regular mail. Whether the certified mail is collected or the regular mail is returned to the Code Official as undeliverable, the City shall proceed on the basis of the posted notice. It is presumed that unless mail is returned undeliverable to the addressee that proper notice has been provided.

2. The notice shall inform the owner to contact the Building Department to establish a schedule for decontaminating the structure. If the owner does not contact the City within the time specified in the notice, the Building Code Official may request Ameren UE or any other utility provider, including the City, to disconnect the electric service or any other service provided by the City or otherwise to ensure the structure is not reoccupied until decontamination is performed.

3. If the owner contacts the City within the prescribed period, the owner may request permission to have the property retested. If the owner chooses to retest the property, the owner must employ the services of a company that the Code Official shall determine is qualified to perform sampling and to analyze the samples. If the owner chooses to hire a company to collect new samples, a qualified inspector for the City must be present when the samples are taken, and the owner shall pay an inspection fee of thirty dollars ($30.00), payment of which must be made prior to removal of the unsafe structure declaration. The results of the analysis shall be provided to the Code Official.

4. Testing shall be performed in accordance with the appropriate Sections of the United States Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup, August 2009, or as thereafter be amended.

F. Contamination Levels. A structure will be considered unsafe and non-compliant if it is found to contain more than the following levels of any of these chemicals:

1. Methamphetamine in a concentration equal to or greater than 1 ugram/100 cm².

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

G. Decontamination.

1. If testing reveals the presence of contamination in levels that exceed the standards set forth in this Section, the owner is required to hire a qualified contractor to decontaminate the structure and shall advise the Building Code Official of the schedule for decontamination. At a minimum, to be qualified to perform decontamination, contractors and all personnel must have completed the forty-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910] and a clandestine drug lab assessment and decontamination course that is provided by a sponsor acceptable to the Building Code Official.

2. The schedule for the work and evidence that the contractor has met the minimum training requirement must be submitted for approval to the Building Code Official, or his/her designee, within forty-eight (48) hours of the receipt of notice unless said time is extended by the Building Code Official or his/her designee. Approval will be based on the timeliness of the schedule and the qualifications of the contractor and any other appropriate considerations as determined by the Building Code Official or his/her designee. Approval or rejection of the schedule will be provided within no more than seven (7) days following the submission. If rejected, the owner will be informed of specific reasons for the rejection and will be required to amend the schedule or the proposed contractor. Decontamination shall be performed in accordance with the appropriate Sections of the United States Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009), or as may be amended thereafter.

3. If the owner of property determined to be in violation of the minimum allowable levels of chemicals as provided in this protocol fails to voluntarily mitigate the violation, the Building Code Official, or his/her designee, or the Chief of Police, or his/her designee, may serve a notice of violation and proceed in accordance with Section 113 making reference to Violations of the 2009 International Residential Code as exists now or may hereafter be amended and proceed in accordance with Section 113 of the 2009 International Residential Code or with compliance with the ordinances of the City of Herculaneum or may declare the structure a dangerous building and proceed in accordance with Section 108 of the 2009 International Property Maintenance Code as now exists or may be amended or any applicable code of the City of Herculaneum or the State of Missouri. The Building Code Official may request Ameren UE, or any other provider of utility services, including the City of Herculaneum, to disconnect electrical service until the decontamination is complete.

H. Post-Decontamination Sampling. When the owner arranges for decontamination, following the completion of the work the owner will notify the City that work is complete and schedule a time for post-remediation testing. The structure must be tested in the presence of the Building Official, or his/her designee, or any qualified inspector retained by the City for this purpose. The owner must provide test results as evidence that the property is compliant with this regulation. Should the results of the post-remediation sampling show the presence of methamphetamine in excess of the standards established by this Section, further steps shall be taken to decontaminate the structure, and additional testing shall be done in the presence of a qualified inspector for the City, its designee, or any other qualified inspector retained by the City. Each time an inspector for the City is present, the owner shall pay a decontamination fee of twenty-five dollars ($25.00). The post-remediation sampling and testing must be performed by a company the Building Code Official has determined to be qualified and done in accordance with the appropriate Sections of the United States Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup, August 2009, or as may be amended thereafter.

I. Final Action. After the property has been decontaminated and the Building Code Official is in possession of evidence that the pertinent chemical levels are below the levels established by this regulation, the structure will be considered safe and suitable for human habitation. If electric service has been disconnected, the Building Code Official, or his/her designee, will notify such utility service that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any and all reconnection fees.

J. Pursuant to the provisions of Section 441.236, RSMo., in the event that any premises to be rented, leased, sold, transferred or conveyed is or was used as a site for methamphetamine production, the owner, seller, landlord or other transferor shall disclose in writing to the prospective lessee, purchaser or transferee the fact that methamphetamine was produced on the premises, provided that the owner, seller, landlord or other transferor has knowledge of such prior methamphetamine production. The owner shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production.

Section 500.100 Requirements With Respect to Illegal Immigrants.

[Ord. No. 13-2009 §2, 4-13-2009]

Any person signing a contract to work on the construction of public works for the City of Herculaneum, and any subcontractors under, shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty (60) days of beginning work on such construction project. Any employee found on the worksite without documentation of the successful completion of such a course shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. If an employee fails to complete the program within sixty (60) days of the start of the project or within twenty (20) days of being found on the worksite without documentation, the contractor shall forfeit as a penalty to the City of Herculaneum two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed by the contractor or subcontractor, for each calendar day or portion thereof such employee is employed without the required training.