[Ord. No. 2013-51 §1, 10-8-2013]
The International Residential Code/2012 published by the International Code Council, Inc., three (3) copies of which are on file in the office of the City Clerk, is hereby adopted and incorporated herein by reference as the Residential Code of the City of Eldon, with the additions, insertions, deletions and changes contained in Section 500.220.
[Ord. No. 2013-51 §1, 10-8-2013]
The additions, insertions, deletions and changes in the International Residential Code 2012 as adopted above shall be as set out below:
Delete Section 101.1 and insert in its place:
101.1: Title: These regulations shall be known as the "Residential Code of the City of Eldon, Missouri," hereinafter referred to as "this code."
Add Section 101.5:
101.5: This Article and the code adopted herein shall not be constructed to relieve the responsibility or liability of any persons owning, operating, or controlling any construction company or damage caused by defect therein, nor shall the City of Eldon or any of its inspectors, agents or employees, including its Codes Enforcement Officer, be held as assuming any such liability by reason of the inspection authorized therein or certificate of approval issued as herein provided.
Add Section 103.4:
103.4: Qualifications of the Codes Enforcement Officer: The Codes Enforcement Officer shall be over twenty-one (21) years of age, be of good moral character, and be physically able to carry out the provisions of the Residential Code. The Codes Enforcement Officer shall possess a working knowledge of building construction, but shall not be actively engaged in the construction business, nor associated with the operation of any person, firm or corporation engaged in the construction business.
Add Section 104.2.1:
104.2.1: Duties of the Codes Enforcement Officer: It shall be the duty of the Codes Enforcement Officer to enforce the provisions of the Residential Code and to make all inspections required thereunder, and to cause the issuance of all permits, collect all fees and keep all records required under this Chapter. All fees are to be credited to the General Revenue. The Codes Enforcement Officer shall also perform all tasks and services delegated by other ordinances or supervisory personnel.
Add Section 105.1.3:
105.1.3: Permits: Building permits shall only be issued to licensed building contractors and approved qualified homeowners.
Add Section 105.1.4:
105.1.4: Homeowner Permits: A permit may be issued to a qualified person to do work in a single-family dwelling used exclusively for their living purpose, including the usual accessory building and quarters in connection with such buildings, provided that the person is the bona fide owner and shall occupy said dwelling for one (1) calendar year after date of approved final inspection of work covered by the permit. The owner shall purchase all materials and perform all labor to complete the building construction. All work performed under this permit will comply with all Sections of this Article and the code adopted herein.
Add Section 105.1.5:
105.1.5: Contractor License: Any person, firm or corporation engaged in the business of building construction, subcontractor, and other related enterprises within the City of Eldon shall maintain a two-thousand-dollar ($2,000.00) surety bond. "Related enterprises" includes persons, firms, and corporations engaged in the following:
This list is illustrative and is not exclusive. Said bond shall indemnify and keep harmless the City of Eldon from all liability from any accidents or damages arising from negligence or unskillfulness in doing or protecting work or any unfaithful or inadequate work done in pursuance of the construction business and that all streets and rights-of-way shall be restored to a condition acceptable to the City of Eldon Department of Public Works and shall maintain the acceptable condition for a period of one (1) year thereafter. A business license shall be obtained from the City Collector for a fee of thirty-five dollars ($35.00). This license is renewable annually and shall be renewed one (1) calendar year from the date of issuance. Persons licensed as a building contractor shall immediately notify the Codes Enforcement Officer, in writing, of any changes of name, address, phone number, or location of their business. No person, firm, or corporation within the City of Eldon, Missouri, shall operate as a contractor, general contractor, or subcontractor in the business of building construction until the above license is purchased, and every person, firm, or corporation who shall violate the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
Add Section 105.1.6:
105.1.6: Assignment of Contractor Licenses: No person licensed as a building contractor shall allow this license to be used by others for the purpose of obtaining building permits or knowingly allow non-licensed persons to do work in violation of this Article or the code adopted herein.
Add Section 105.1.7:
105.1.7: Licenses, Suspension or Revocation: The Board may suspend or revoke the license of any contractor when charges are preferred against him or her by the Codes Enforcement Officer, and the Board finds the person charged is incompetent or willingly violated the provisions of this Article or the code adopted herein. Prior to Board action, the person charged shall be given at least ten (10) days' notice of the time and place of a formal hearing on said charges and the person charged shall be apprised of the charges. The person charged shall have the opportunity to appear in person or with an attorney and shall have the burden of showing cause why the license should not be suspended or revoked. The Board shall render its decision within five (5) days. The decision shall be final; no appeal shall be allowed. The Board may drop the charges, suspend the license for a period deemed proper or permanently revoke the charged person's license. A person whose license has been revoked by the Board shall not be permitted to reapply for a license for a period of one (1) year.
Add Section 108.2.1:
108.2.1: Permit Fees: Permit fees shall be assessed as outlined in Section 500.030 of the City Code of the City of Eldon.
Delete Section 108.4 and insert in its place:
108.4: Work Commencing Before Permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit(s) shall be in violation of this Code Section and subject to penalties as stated in Section 500.225 City of Eldon Code in addition to the required permit fees.
Delete Section 108.6 and insert in its place:
108.6: Fee Refunds: The Codes Enforcement Officer shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid and collected.
2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. Not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review has been paid is withdrawn or canceled before any plan review effort has been expended.
The Codes Enforcement Officer shall not authorize the refunding of any fee paid, except under written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
Delete Section 109.5 and insert in its place:
109.5: Inspection requests: It shall be the duty of the permit holder or the person performing the work to contact the Building Department to arrange for each required inspection. The permit holder shall allow twenty-four (24) hours for the code enforcement personnel to conduct required inspections during the City's normal working hours. It shall be the duty of the permit holder to provide access to and means for any inspections of such work that are required by this code. Any inspection requests outside of normal business hours will be assessed a fee of seventy-five dollars ($75.00) per inspection.
Delete Sections 112.1 through 112.3 and insert in their place:
112.1: Board of Appeals, Appointment: The Board of Appeals will be appointed by the Board of Aldermen and consist of five (5) members. Two (2) alternate members shall also be appointed who shall be called by the Board Chairperson to hear appeals in the absence or disqualification of a member. Whenever reference is made to the "Board" in this Article, reference is made to the Board of Appeals.
112.1.1: Members: The Board shall annually elect one (1) of its members to serve as Chairperson. The Chief Administrative Officer shall designate a qualified clerk to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the office of the Chief Administrative Officer.
112.1.2: Disqualification of Member: A member shall not hear an appeal in which that member has a personal, professional or financial interest.
112.1.3: Notice of Meetings: The Board shall meet upon notice of the Chairperson within ten (10) days of the filing of an appeal, or at stated periodic meetings. The Board shall act on grievances by an applicant for a building permit, or the owner/agent of a building or structure wherein building construction is to be performed. Such grievances shall be an appeal of the decision of the Codes Enforcement Officer or authorized agent or representative refusing to grant a modification of the Building Code governing the installations or materials to be used. Applications for an appeal will be submitted to the Codes Enforcement Officer or an authorized representative when it is claimed that:
1. The true intent of the Residential Code or rules adopted thereunder have been incorrectly interpreted.
2. The provisions of the Residential Code do not fully apply.
112.1.4: Open Hearings: All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Codes Enforcement Officer and any person whose interests are affected shall be given the opportunity to be heard.
112.1.5: Procedure: The Board shall adopt and make available to the public through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. A simple majority of those voting shall constitute a qualified decision.
112.1.6: Postponed Hearing: When five (5) members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
112.1.7: Board Decision: The Board shall modify or reverse the decision of the Codes Enforcement Officer by a concurring vote of three (3) members. In the event the voting members of the Board are evenly divided, the decision of the Codes Enforcement Officer shall be affirmed. The Codes Enforcement Officer shall not vote.
112.1.8: Resolution: The decision of the Board shall be made by resolution. Certified copies shall be furnished to the appellant and to the Codes Enforcement Officer. The Codes Enforcement Officer shall take immediate action in accordance with the decision of the Board.
Delete Section 114.3 and insert in its place:
114.3: Unlawful Continuance: Upon notice from the Codes Enforcement Officer, any person who erects, constructs, alters or repairs a building or structure contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Codes Enforcement Officer shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove the violation or unsafe condition, shall be liable to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
[Ord. No. 2013-51 §1, 10-8-2013]
Any person who shall violate a provision of this Article or the code adopted herein or who shall fail to comply with any requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Codes Enforcement Officer, or of a permit or certificate issued under the provisions of this Article or the code adopted herein, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days, or by both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.