[Ord. No. 17-061 § 2, 7-5-2017; Ord. No. 23-102, 11-13-2023]
St. Charles County hereby adopts the 2021 St. Charles County Building Code, a copy of which shall be deposited in the Office of the County Registrar with this ordinance, including Appendixes C and K, with the following amendments by additions, insertions, deletions to read as follows:
| (CHAPTER 1 SCOPE AND ADMINISTRATION) | |
| (SECTION 101 SCOPE AND GENERAL REQUIREMENTS) | |
| 101.1 Title. These regulations shall be known as the Building Code of St. Charles County, Missouri, hereinafter referred to as "this code." | |
| (SECTION 103 CODE COMPLIANCE AGENCY) | |
| 103.1 Creation of enforcement agency. The Division of Building and Code Enforcement within the Department of Community Development is hereby created, and the official in charge thereof shall be known as the Building Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. | |
| 103.2 Appointment. The Building Official shall be appointed as provided by ordinance. | |
| (SECTION 105 PERMITS) | |
| 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: | |
| Building: | |
| 1. | One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than one hundred twenty (120) square feet. |
| 2. | Fences not over seven (7) feet (2,134 mm) high. |
| 3. | Oil derricks. |
| 4. | Retaining walls that are not over four (4) feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. |
| 5. | Water tanks supported directly on grade if the capacity is not greater than five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. |
| 6. | Sidewalks and driveways not more than thirty (30) inches (762 mm) above grade, and not over any basement or story below and that are not part of an accessible route. |
| 7. | Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. |
| 8. | Temporary motion picture, television and theater stage sets and scenery. |
| 9. | Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than twenty-four (24) inches (610 mm) deep, are not greater than five thousand (5,000) gallons (18,925 L) and are installed entirely above ground. |
| 10. | Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. |
| 11. | Swings and other playground equipment accessory to detached one- and two-family dwellings. |
| 12. | Window awnings supported by an exterior wall of Group R-3 or Group U occupancies. |
| 13. | Non-fixed and movable cases, counters, and partitions not over five (5) feet nine (9) inches (1,753 mm) in height. |
| 14. | Flag poles less than forty (40) feet in height. |
| Electrical: | |
| Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. | |
| Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply, the installations of towers, and antennas. | |
| Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. | |
| Gas: | |
| 1. | Portable heating appliance. |
| 2. | Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. |
| Mechanical: | |
| 1. | Portable heating appliance. |
| 2. | Portable ventilation equipment. |
| 3. | Portable cooling unit. |
| 4. | Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. |
| 5. | Replacement of any part that does not alter its approval or make it unsafe. |
| 6. | Portable evaporative cooler. |
| 7. | Self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less. |
| Plumbing: | |
| 1. | The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. |
| 2. | The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. |
| 3. | Fixture replacement with similar fixtures where plumbing connections are not relocated, and new fittings and valves are not installed. |
| 105.5.1 Reinstatement. A permit that has expired may be reinstated where approved by the Building Official. The request for reinstatement shall be in writing and justifiable caused demonstrated. | |
| (SECTION 107 CONSTRUCTION DOCUMENTS) | |
| 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted as required by the Building Official, with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional. | |
| Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. | |
| 107.1.2 Electronic submission. Where design documents, including, but not limited to, plot plans, site plans, design drawings, specifications, etc., are originally created electronically, the Building Official is authorized to require electronic submittal of documents in a portable document format (PDF) or similar format for review. Where design documents were originally prepared on paper and are submitted in a paper form, the Code Official is authorized to charge a fee for converting those drawings to PDF equal to the cost incurred by County staff recreating the document and not to exceed more than one dollar ($1.00) per page. | |
| Exception: Where submittal documents were originally prepared by hand and are eleven (11) inches by seventeen (17) inches or less, the fee for document conversion shall not be charged. | |
| (SECTION 113 MEANS OF APPEALS) | |
| 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Code Official relative to the application and interpretation of this code, the County Building Commission shall serve as a Board of Appeals. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. | |
| 113.3 Qualifications. See Section 500.810, Ordinances of St. Charles County, Missouri | |
| 113.5 Application for appeal. Any person shall have the right to appeal a decision of the Building Official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Building Official within twenty (20) days after the notice was served. The application fee for an appeal to the Building Commission shall be one hundred dollars ($100.00). | |
| (SECTION 114 VIOLATIONS) | |
| 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), and each day’s continuance of a violation shall be deemed a separate offense. | |
| (SECTION 115 STOP WORK ORDER) | |
| 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be authorized to resume. Any person served with a stop work order shall pay an administrative penalty of up to two hundred fifty dollars ($250.00). | |
| (SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT) | |
| 116.1 Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this Section 500.520, Ordinances of St. Charles County, Missouri. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. | |
| 116.2 Record. The Building Official shall cause a report to be filed on an unsafe condition as provided for in Section 500.520, Ordinances of St. Charles County, Missouri. The report shall state the occupancy of the structure and the nature of the unsafe condition. | |
| 116.4 Method of service. Notice shall be served as provided for in Section 500.520, Ordinances of St. Charles County, Missouri. | |
| (CHAPTER 3 OCCUPANCY CLASSIFICATION AND USE) |
| (SECTION 305 EDUCATIONAL GROUP E) |
| 305.2.3 Eight (8) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having eight (8) or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. |
| (SECTION 308 INSTITUTIONAL GROUP I) |
| 308.2.3 Nine (9) to sixteen (16) persons receiving custodial care. A facility housing not fewer than nine (9) and not more than sixteen (16) persons receiving custodial care shall be classified as Group R-4. |
| 308.2.4 Eight (8) or fewer persons receiving custodial care. A facility with eight (8) or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with the International Residential Code. |
| 308.3.2 Eight (8) or fewer persons receiving medical care. A facility with eight (8) or fewer persons receiving medical care shall be classified as Group R-3 or shall comply with the International Residential Code. |
| 308.5.4 Eight (8) or fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having eight (8) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. |
| (SECTION 310 RESIDENTIAL GROUP R) |
| 310.4.1 Care facilities within a dwelling. Care facilities for eight (8) or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code. |
| 310.4.2 Lodging houses. Owner-occupied lodging houses with five (5) or fewer guest rooms and ten (10) or fewer total occupants shall be permitted to be constructed in accordance with the International Residential Code. |
